The Washington herald., 1911-09-09
GIVE
ELOQUENT PLEAS
IN CLOSING CASE

Chesterfield Court House, Va, Sept
S-Wben court as called to order, Har-
~ NJ. Smith. jr. of counsel for the
prisoner, took the floor to supplement
| the plea to the jury made yesterday
by Hill Carter.
Il congratulate you. gentlemen he
said, .'on the very diligent attention
YOU have given the testimony in this
case. I think that every one has agreed
th-t whatever the verdict may be, it will
be conscientious one.
Feared Disagreement.
We do not fear conviction at your
hands," continued Mr.. Smith. What we
are troubling about is that there may
be a isagrecment. 1t shall be my pur-
PC, to endeavor to convince YOU that
we are entitled under your oath and the
courts instructions TO a verdict of not
guilty
After touching on the things incident
to placing too much confidence in cir
cumstantial evidence Mr Smith added:
We do not yet know what is the
theory of the Commonwealth as to the
manner in which this murder was COM
mtted.''
eloquenCe when. after referring to the
good education and business training of
the accused. he said that the crime, as
portrayed by the State, would neces-
sarily have heen committed by an idiot
by the preparation of the scheme of the
murder.
Mr.. Smith made it evident that he
would follow the lead of his associate,
Hill Carter, yesterday. His effort was
70 rrAe H. I-1s sl,,s
was room for reasonable doubt Of the
guilt of the accused
Mr.. Smith said that all the testimony
had doubtful elements. And we are
entitled to the benefit of that doubt" he
thundered. "A human life is at stake
here. AS Mr.. Carter said, this is not
case of a free Niger stealing chickens.
Not only is the life of that boy involved.
but the life OF that father, the honor of
the brother and the good name of that
little sister. All of these appeal to you
in a clarion tongue. Give him the bene-
fit of that doubt. We are entitled to it."
Praises owen ns Witness.
Mr.. Smith. referring to the first ac-
count of the murder given by the ac-
cused, said: "A fairer witness than Tom
Owen, uncle of the dead girl, 1 have
never seen. i would be willing to rest
case OH HIS lSSlliilOuS' L "OuAu bS
glad to rest II on his testimony as to
every point on which he testified. Tom
Owen is the first man to whom this
prisoner opened his lips after the muir
der II there was any discrepancy in
his account of the crime that is the time
1t would have been manifest"
The lawyer here took occasion to re-
hearse Mr.. owens evidence, which cor
responded well with the testimony Of the
accused.
Mr. Smith dwelt with some force on
the fact that the prisoner bought box
of candy for his wife just before they
started on the fatal ride. This muir
derer." he exclaimed. who knew that his
victim would be alive only few minutes,
bought her a box of chocolate candy, anu
regretted that he could not get pound
box, and then rode up the road"
Great Importance was attached by
Mr. Smith to the testimony OF Charles
the 10Y rider"
Forced to Take stand.
''Mr. Kastleberg came here with re-
luctance, 1 admit. He does not deserve
any credit for coming here, am sorry
to say. He was forced on the witness
stand"
A little later, aIluding to Kastleberg,
Mr.. Smith said: ITO be frank, don't
believe a word Of that story of his
about the woman. believe he knows
who the woman was and he knows.