The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-09-15

~tt> case WAS urea III ihc ii"Hti'SS S''''
IN after the opening Of the court, Mr..
- Johnson. one of the counsel for the de-
..-,r. arose ard said that Mr.. Pollard was
-raay to proceed.
Ncssrs. Johnson and Ould appeared for
". Pollard, and Mr.. Daniel for the Com
.Hpuwcalth.
The witnesses for the Commonwealth
acre called and sworn, as follows: r. NJ.
Hewitt, Jessie Hewitt, Kate Saunders, anu
l.s.iuia Fitch.
The Attorney for the Commonwealth
-,.d the indictment rs follows:
a prcScn,ment for forciblc entry into
-. house of Edwin NJ. Hewitt, and tres
,.,,.. assault and batterytheren.
Tie Jurors Of the Commonwealth for
,1. L,iy of the city Of Richmond on their
,.,,a> present that II. Rivcs Pollard did on
,., 7ih day Of August, in the year 1866,
..,';9 tic Jurisdiction of the said Court OF
lr..,.a.,s tor the city of Richmond, and at
>.l civ, with force and arms, break and
,,.,r lie dwclling-houSc Of Edwin NJ.
r.gi,t. he. the said IL. Riyes Pollard, being
.,-Yri with firearms, and did then and
ere, IN the house OF the said Edwin VI.
Iragit aforceIid, assault and threaten I"
,..,, Jessie Hewitt, the wife of the said
rfvin u. Hewitt, then and there being
..2 l.i then and there assault and beat
,r, ct the female inmates Of the said
1..gsr ,hcn and there being and violently
aa! wiki iorcc Of arms drag her out Of the
al house, and other wrongs then and
,g,rr did 10 the damage and great alarm
s.l terror Of all the inmates of the said
= a,r then and there being, against the
,.arc and dignity Of the Commonwealth"
Mr. Johnson rccapitulatcd the substance
81 the indictment, and said that the plea
%. .lr defence was not guilty. Whatever
y. !nuce the jury might hear from the
qmonwcalth was false his client might
arc been nj the house, imprudentlv per-
N.r>. but that he broke and entered, was
....... He was here TO meet the charge,
aaI unless the iury were beyond all doubt
,t,,Hri Of the facts set forth in the in
tlr,mcut, they would acqut him.
The testimony for the Commonwealth
H.> then commenced:
Jessie Hewitt deposed as follows: On
the 7h "f August MIR. Pollard came to my
lnu.c aud desired to see Il lady. first
'!lim she was no: there, as | did not want
disturbance. He commenced abusing
..u. ani asked who was up stairs. |
N~-grd him not 10 80 up, when he sald he
nauN take the law into his own hands,
cooked pistol, and rushed up stairs.
Cru>>-cxamiucd by Mr.. Daniel.-My Sis
Ter t.gs: tod me two gentlemen were in the
,.rd locking in at the parlor window. |
-.w Nv Pollard on tie front steps. Could
rg, say whether the door was locked or
whether he merely showed it open. | was
;a. .ir>t person who saw him in the.hall at
TO-. foot oi the steps. He asked il Hattie
A'rXaudcr wlS there. | told him no, be-
cause did not want a disturbance. lie
I'D hr would 60 mp stairs, and cooked
r,tul ana ran up. l saw him no more.
rtv't l.aow whether she came down stairs
~u!n.clv or not. Mr.. Hewitt went after
',,r raiIcc before ! did. When | went, |
ru Ilv sister, Miss Saunders, Miss Alex
..,lrr. Mr.. Pollard, and Il friend there.
Coss-cXamincd by defence. Miss Alex
l,a.rr had been there since ! O'Clock that
.zit. She said she came for dress to
pt Oh to 60 to Baltimore. | had seen her
before. bat She never lived in my house.
decline to answer where | got acquainted
with her. Had been with her week at Il
r,nr-pyrhapS two weeks, off and on. |
decline L. answer at what house.
Mr.. Johnson demanded that the question
hr answered, and addressed the court,
rontcndiug that the witness had been in
trolucci by the Attorney for the Com
u.yuwcaith, and that the question was per-
tia"u;. Il would be shame if anything
which would throw light upon the case
>honld he withheld.
Mr.. Daniel said that the witness was not
bound 10 answer any question which would
eliminate herself. Sic knew her rights,
and knew whether she would criminate
herself or not in answering the question.
Judge Ouid said it was question OF
some difficulty, and which should have
proper landmarks. He contended that
here couli be no justification for a wit
ness 10 refuse TO answer question in re-
gard TO murder committed in u bawdy-
house, and 10 such justification could be
sustained.
After considerable more debate, the
court announced that the question ought
10 he asked why she declined to answer
Tie question.
Mr. Jolnsou.-Madam, why do you de-
c,Ge 10 answer the question!
Wilucss.-I decline because l don't
wish 10 criminate myself. .,,,
Mr.. Johnson.-Would the answer to that
crniuate you!
W.tncss.-Yes, 50 far as to where j met
her, don't care to say how. don't care
10 tell where | met her. ] have my rea-
sous for il. -
Mr.. Daniel contcndcd il was the duty OF
tle court to ask that question aud DECIDE
upon the extent Of the exemption she
claimed and if il found she was entitled
to no exemption, it would turn her over to
The counsel Oh the other side. a =.
The court decided that Mr.. johnson
might ask the witness any question by an
Swering which she did not criminate her
self. -
Witness resumcd.-I object to answer
ln2 because do not wish to criminate
myself II necessary, | will tell, but had
rather not. ] should be criminated upon
'hc subject Of my own personal self.
The court decided that the witness
could not be compelled to answer any
question which would criminate herself.
Resumed / don't know exactly the
length Of my acquaintance with Miss Alex.
snder. Perhaps year. Have been with
her In other cities than Richmond. Have
travelled on the cars with her. Was with
her year and half before the difficulty
occurred; don't know how iopg--perhaps
week, probably longer. Was of and on
~ The house, but did not live with her. j
aeclme 10 answer ut whose house.
The court said the question must be an
swered. ..tt. -. II 'e