Daily press. [volume] (Newport News, Va.) 1896-current, 1910-04-16
vANDYKEs LIFE
IN HANDS OF JURY
Continued From Fifth Page.)

the oil wagon On the other side OF
Back river bridge, thus natiy CON
tradicting VsndyKe on this point.
Lemuel Todd, when called 10 the
stand. declared that he had never III
his lie purchased any oil from van
dyke, another contradition of the prs
oners testimony.
Witness for Defense.
Sheriff X. K. Curtis was introduced
as witness to prove that Columbus
Elliott told a different story OF the
assault to the officers from that winch
he related on the witness stand. Coun-
ty officer j. +. TignOr also said that
ELECTS story was vastly different
from that the boy told on the wit
ness stand. Mayor Thornton +. jones
related the story told to him o. Re
becca Chandler. the mother OF the
child, when the woman appealed 20
the mayor Tor warrant against van
dyke. At that time the woman said
Vandyke had stated that he would
give her money, but she did not be-
lieve he'wOuld do so and she wanted
to have him arrested.
MIR. Collier called Dr. George ~.
Vanderslice, the coroner, as a witness
for the defense. DR.. Vaderslice gave
damaging testimony TO Nandyke, as
the physician admitted that the as
sault could have been committed with
out staining the child's clothing.
Shortly after II o'clock Mr.. Collier
and the state both announced the
conclusion of the case insofar as the
introduction of evidence was neces-
sary. .lH-tls,
The instructions were then agreed
upon and court took an adjournment
for The dinner hour.
Argument is Started.
When court recOnvened at , o'clock
the argument was taken up before
the jury. b. A. Lewis, attorney as
sistlng in the prosecution, opened the
case by speaking for little more
than an hour. Mr.. Lewis urged the
jury to inhict the heaviest penalty
and send Vandyke to the electric
chair for his crime Mr.. Lewis went
over the evidence covered the In
structions, and besought the jury to
disregard all sentiment of white
man being tried for criminally as
saulting a negro and make the verdict
one that would prove that ali classes
shall suffer alike in such cases.
Collier Calls it Frameup.
Fay S. Collier. who has made hard
fight for his client. spoke for little
over two hours. He declared that the
entire charge against Vandyke was
due to a frame up among the negroes
in order to extort money from Van
dyke. He belittled the testimony OF
Elliott as unworthy of belief and also
that of Rebecca Chambers mother.
Mr.. Collier argued along lines that
the jury could find Yandyke guilty
of ordinary assault and battery, but
the attorney said he did not even
think Vsndyke guilty of anything.
Thou Art the Man."
In closing the argument, Judge
Montague spent two hours and haif
in going over the evidence. the court
instructions and in placing the case
before the jury as he saw it. Judge
Montague pathetIcaliy declared that
If Rebecca Chandler could return in
the spirit and we're to answer the
question Of who was guilty of injurlng
her, she would turn TO the prisoner
and say, thou art the man." In clos
ing. Judge Montague said ne was hap
py in the thought that he had done
his duty in prosecuting the case
against vandyke. as he believed him
guilty of the heinous crime, but it is
for YOU. gentlemen OF the jury. to