The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-25

the defendant for his frankness atit
honesty In answering to thu prosacu.
| ton Ho denied that the law and Con.
stitutioh were on trial. .Arr. Hschiei
lis on trial. he snid. and the law II
| invoked by both defense and prosecu-
tion. II the defendant be guilty. con-
Wet him; but. II he be innocent VIC
demand an acquittal."
He Impressed on the Jury that the
law presumes man to be innocent
| until he Is proven guilty, and that
they must remove from their minds
all reasonable doubt as to guilt He
declared that the prosecution had mo-.
proved q single one OF Its points.
Though" he said. mfr. Smith has
declared he had convicted Hechler out
OF the mouths of his own witnesses. he
has also declared the witnesses to have
changed their testimony. and how can
lie ask YOU to convict on sucl, evidence
as brought out by himself7"
He laughed to scorn Mr.. Smiths
statement that an honest man." as
the latter had termed Hechler. had
Illegally paid poll taxes. saying such a
statement TO be inoongruoue. He then
began to range through the fields OF
technicality. as to whether the primary
was called by recognized political
party, which had, he declared, neither
been alleged nor proved. and so co:,ld
not allege or prove Hechler to have
been cnndidate. He said the
was the list Of delinquent gtaS-
payers which had been ionouGht
in. which Hechler had stated
ne did not hand TO +. II. Phillips. This
statement had not been inipeached or
contradcted BY any other witness. he
declared; ard you can't convict him
unless you disbelieve his uncontra-
dicted statement and brand him as one
who has ne.jured his soul" In a great
burst of eloquence he said that two
grand juries had not been able, though
they raked the county from one end
TO the other. to specify that Hschisr
had paid any poll taxes: not though
they hsd been assisted by ar able
much time IN the grand jury, room.
And you can't convict one man for
viva, another has done. The prose-
cuticn prepared q gaiiows for one
man. and are trying to hang another
man on it; aud their own necks are
caught In the moose" He said that
the prosecution wanted the Jury to ia Ike
ss evidence the treasurer's book, or
stubs OF which Hechler's name had |
seen Inscribed by the deputy treasu-
rer under orders from the treasurer, |
s-p was ACKNOWLEDGEMENTS
dence which he Knocked for its little |
weight. He then went over the tes-
si'nony OF all the witnesses in an at
tempt to prove that there had been no
evidence TO show that Hechler had |
been asked to or did pay any poll |
taxes.
What is at the back of this prose-
,uiion?" he asked. "Ah: the trail OF
he serpent is to be seen in this
persecution long before the pri-
the s MaI sf l F Fray
ser said to his deputy We're going to
rave trouble in Henrico politics. See
that Hechler's name is put down TO
he stubs of the tax book" He de-
Jared that plans had been prepared
% hound Hecliler to his ruin. O'Ban-
ION had testified that he did not know
'f Hechler's paying a thing. Yet his
name had been inscribed on stubs of
the tax books, though no one else's
iad, and it was apparent that Mr.
5echlers ruin had been previously +
planned.
Applause burst Its bounds for Sec
md time. and an exciting scene ensued.
udge Harrison raped sharply for or
Ter, and ordered that the courtroom
BE cleared. Attorney Smith stepped
Onward and said lie believed the ap-
, lause had been preconceived. AIR.
o'F'laherty asked angrily If he meant to
include the attorneys. Mr.. Smith re-
,lied that he did not. but that he.
hought same claquers had started il.
lie then retracted his statement, and
would apologize to any man who would
tep up. One was caught In the we'll
aid trap. He stepped up and said: 1T
Tapped Mr.. Smith,
Bring him up," said the court.
did you clap"
Eyes. sir, I did,
Il fine you $50 them
The man had been drinking. he
apologized and explained that he
meant no disrespect to the court, and
us honor reduced the fine to IS,
which he afterwards paid.
The courtroom was thrown into the
;reatest confusion, and 1t was some
a. before order was restored.
he room was cleared OF all standing
p. but Mr.. Fulton complained of the
clay which had interrupted his argu-
aent But the court insisted that quiet
hould be restored before he proceeded.
After order was restored Mr. O'FlAh- /.
rty demanded that Mr.. Smith should
tate that he did not include Mr.. Hech-
ar and Mr.. Gentry in his remarks. Mr..
NTH agreeably compiled. Argument
hen proceeded.
Mr.. Fulton. who had spoken elo-
uently all through, concluded brill
antly, and the defense rested its case. .
Close of Case.
Mr. Harry Smith being late, court
as not again called to order until |
~ o'clock, when Mr.. Smith began his
.ply. :, -
He said the defense had been car
ed on IN peculiar lines; they had i
OF relied upon their strongest lines,
or upon the prosecutions weakest
why not 20 upon the merits Of
ne case? Why not conduct valid |
afense?" he asked. why do they
omplain. that the grand juries had 4
let without the presence OF Mr..
eehler or his counscl?''
He said that the Jury had no right I
presume that the grand Jury had
one wrong. but his line OF argument
as stopped short here by the court
objection by counsel for the de-
,nse. He took occasion to have a
tile fun at the expense OF the counsel
n the defense.
Four Of them" he said, had COM
aimed because | occasionally consult (
with Mr.. Wendenburg." He said | |
ley had distorted all. his kindly re-
arks about the accused. but that he