The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-09-14
LOCAL MATTERS.

The HAUNsTE1N AFFAIR-THs FELONY
CASES CONTINUED UNTIL OoToBER,-At the
opening of the Hastings Court Yesterday
Judge Guigon gave his decision upon the
motion to quash the indictments for conspi-
racy against Messrs. sGhahoon, Sands, and
Sanxay. 1t was that the accused had right
TO avail themselves of the statute of limita-
tionS, the misdemeanor having been COM
mitted more than twelve months before the
indictment was found. He also decided that
either a motion to quash or demurrer
could be used to effect the object. He there
fore quaShcd the indictment against Cha
hoon, Sands, and SanXay. -. -.-....
Governor Wise then moved that Bowden
| be discharged, inasmuch as the indictment
in the other cases had been declared invalid.
He spoke at some length in support of the
motion, and said that his client was ready
| to prove his innocence before jury.
He was followed by Colonel jenkins, who
also protested the innocence of Mr.. Bow
den, aud moved his discharge.
| After considerable debate, the Common
wealth'S attorney said that, having heard
the evidence in the case of BoWden, he did
not hesitate to say that there was no evi-
| dence against him, and he would therefore
move a nolle prosequi.
| General Wise here rose and said that If
the nolle proSequi was entered on the ground
! that the evidence was merely lnSutlci ent,
he preferred not to take the benefit of the
nolle prosequi. He desired to he tried in
order that a jury might pass upon the issue
Of his honorable dcQuitt0l. And he took
occasion to add that Mr.. Bowden not only
deties any past or existing finding Of q grand
jury, and all evidence which can be adduced
under any finding now existing against him,
but he defies any proof or testimony which
can be brought before the grand jury, now
sitting. If compelled to accept nolle pro-
sequi, he has no means of resisting or re-
fuSing it; but under no circumstances will
he assume the odious attitude of q States
witness. If compelled to testify, he must ;
but he is no volunteer witness, and deties
accusation and prosecution.
Mr.. Bowden was thcreupon discharged,
and gave bail in the sum Of $1,000 for his
appearance as witness in the Chahoon
case.
Mr.. Wise (attorney for the Common
wealthy then announced that in pursuance
Of an agreement made between himself and
the counsel for the accused, the cases OF
Chahoon, Sands, and SanXay, on the in
dictments for felony, would be continued
until the next term.
Governor Wells (of counsel for Chahoon)
explained that this action was taken be-
cause, having reason to believe that the
case of his client would not be gone into
this term, no witnesses for the defence had
been subpnned. He thanked the Common
weath's attorney for favoring him by.a con-
tinuance.
Mr.. Young (as counsel for Mr.. Sands)
stated his willingness to proceed at once
with the case of that gentleman, but the
Commonwealth attorney having expressed
desire to try Chahoon first, he would con.
sent to let the case of Sands go over till Oc-
tober. 1,@ '..-.
The prisoners then renewed their bail,
and the witnesses were recognized for their
appearance on Wednesday, October 9th.