The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-09-13
Ihe unstetn AHair-Motion to
seHash the In dactm ent for Con.

AHe Ff u q efn n AfaiF-NOtlon I.
seuash the Ind ctment for Con
spiracy. .~
A large crowd was attracted 10 the Hus
tingS Court (Judge Guigon) Yesterday h,
the expectation that one of the parties in
dicted for completely in tho Haunsteil
forgery case would be placed on trial. Th
paftles accused were all present, togethe
with their cousel. Mr.. Chahoon was re
presented by Il. Fl. Wells; Mr.. Sands b,
Jonn III. Gregory and J. B. Young: Mr.
6oWoen 6y Il. A. Wise f.; Mr.. Sanxay b1
| Lyons q Graves, of Petersburg.
| The proceedings were commenced by tn,
calling Of the list Of witnesses. Those nre
sent We're William +. Knox, Emanue
Francis, John II. Gibbon. Frederick Pow
Ell, Alice Ferguson, Charles H. Page, W
NJ. woodward, samuel'M Page, Robert B
Craddock, +. NJ. j. Paynter, Thomas R
| BoWden, Oscar Cranz, Alexander Croip
and Temple Elicit. Those failing to anneai
were Paul r. Hambrick, c.. w. Buttz, ana
William Fowlkes. '''''
Dir. Wise, Commemorative attorney
stated that only two important witnesse:
were absent. One Of these, a resident Of
Goochland county, would probably be here
before the trial was concluded. The other
was G. w. Buttz, who is now in Charleston
he thought it proper to state to the Court
! in public what he had told his honor pri.
vately, that he had received a letter from
Mr.. ButtZ Offering to come to Richmond on
| the receipt OF certain sum of money. OF
course the commemorative attorney had
no authority, even if he were disposed, to
comply with such an extraordinary request
Judge Gulgon remarked that he felt it his
duty to state at this point that about Two
years ago he had been spoken to to look
into the affairs of the HGunstein estate. He
declined to do so unless regularly employed,
but subsequently, happening to be at the
courthouse on other business, he had asked
to see the papers. They had, however, been
placed under seal by the United States au-
thoritics, and he had not looked at them at
all.
Governor Wells, on behalf of the ac-
cused, said that they would raise no objec-
tion whatever to his honor trying the case
under the circumstances. He then called
the attention Of the Commonwealth's attor-
ney to the fact that there were several cases
mere. There was joint indictment for
mlsdemeanor, besides separate Indictment
agasn>t each of the parties for felony. He
would ask which was to be tried first.
MIR. Wise replied that the trial of the par-
ties on the joint Indictment for conspiracy
to defraud the Commonwealth would first
take place.
Governor Wells then remarked that this
course was entirely unexpected to himself
and his associates. 1t became necessary
that 4 purely legal question be raised. He
therefore asked tor an hours intermission
that the counsel for the accused might con-
suit and bring their authorities into court.
The time asked for was allowed.
Alter the recess Governor Wells ad-
dressed the court. He said he designed to
present question referring exclusively to
the joint indictment against Messrs. Cha
hoon, Sands, and SanXay, in which Mr..
BoWden was not embraced. This Joint in
dlctment IS for conspiracy, and u conspi-
racy Is q combination Of two or more per
sons TO do an act forbidden by the common
or statute law, or to do a legal act bv illegal
means. The Indictment begins with re-
lSot, "S--enrtain deeds which occurred in
18th Of October, !sG7. It ayafs asffss' &c. con
Judgment having been obtained upon GER
tain note, and motion to set aside the
judgment having failed, a report of the pro-
cecdinTs was made to the court on the day
named.
AT this point the indictment was read by
Mr.. Young ut the instance Of the Court.
Governor Wells, reSuming, again called
the attention Of the Court to the fact that
the last act averred in the indictment is said
to have occurred in October. 1867. He .hsn
stated that on behalf of 1,n Sc Sers G,Sashed
would move tni' tnc lll9ictlneiil pe ql'usn,eu. ~
The first ground Of the motion was that
this offence, being misdcmeanor, cannot
be prosecuted, under the State statute, eX-
cept within the twelve months following
its commission. He deemed argument un-
necessary to establish that a conspiracy is a
misdemcanor, since it is not punishable by
death or confinement in the penitentiary.
she Court II is unnecessary to discuss
that question.
Governor Wells then remarked that,
stripped OF its verbiage and surplusage, the
indictment merely charged conspiracy
to cheat and dcfraud." He therefore moved
to quash the indictment on the ground that
the accused are not charged therein with an
indictable offence. TO prove that conspi-
racy to cheat and defraud is not such in
offence unless in a mode made criminal by
statute, he cited l Gushing, 227 7 Gushing,
5l4: I Barbour, 39l. He held, too, that the
offence charged was neither combination
10 violate the law or to do u legal act by ille-
ral means. These reasons should influence
the Court in quashing the indictment. 1t
would be sad day indeed when the bar of
Virginia, so famed for its ability and virtue,
should be subject to indictment for submit
ting note to court and allowing the court
to pass upon it,. Consplring to cheat and
dctraud may be a crime in the sight of Hea-
ven. but it is not in the eye OF the law OF
the land.
Mr.. Wise George d., replying to Co.
vernon Wells, expressed his surprise
that the accused had sheltered them.
selves under this technical plea to es.
cape prosecution. 1t had been for years
noised abroad that certain parties named in
this indictment had committed the grave
offence with which they are therein charged,
and it was supposed, and has been said
that they would be glad of an opportunity
| to prove their innocence. If, however, they
we're disposed to avail themselves of the
strict letter OF the law, he would meet then
objections. The Indictment, he said, die
not say that the consummatlng act OF the
conspiracy was on the 18th OF OctoSer
| 1867, and it had not been shown by th'
counsel for the accused that such was th'
case. The spirit Of the statute, too, un
doubtedly was that the prosecution shoul(
commence not within twelve months atte
commission of the misdemeanor, but within
that time after it came to the notice OF th'
| authorities.
Colonel Young, on behalf Of the accused
reioined that it was folly to expect the &C
cnsed not to claim the benefit of this proyl
sion OF the statute, and to allow themselYe
| 70 be tried for an offence which is not in
dictable merely because somebody will sa..
that they are unable to meet the charge
As for his own client (Mr. Sands), he woul'
saw that that gentleman had begged him no
to take advantage Of any technlcalty, bll
he had paid no more attention to such tall
than to the cackling Of goose. 1t was hi
duty to defend his client by all the laws
this Commonwealth. This was not moo
court for the trial Of imaginary offence:
Why, then, should we 60 into trial, when
if conviction ensues, the Judge could nc
nronoI,nce sentence? The accused have n