The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-03-16

0heiiety tuihHoNH 10 inc law, lOr Jne puI-
pose of defeating him in political contest.
These indictments were prepared by and
are now on file III the handwriting of Mr..
Raleigh L. Daniels, chairman of the Demo-
cratic State Central Committee. The final
adjournment of the court on that evening
doubtless preventing the Commonwealth
attorney from copying them in his own
handwriting. Mr.. Daniels is in no way
connected with the court, and it is no part
of his duty to prepare such papers.
Being arrested on Saturday evening,
was brought into court and bailed in the
sum of ten thousand dollars for my appear
ance on the Monday morning following.
Gov. Wells, who had been my counsel in
all my political troubles, and who has
placed me under obligations that |
can never repay for his unremitting kind
ness to me, appeared in court as my coun-
sci, but in consequence of the severe
injuries received in the late Capitol disas-
ter, he was unable to proceed with the
case. The case was then continued until
the September term, during all of which
time the whole Democratic press of the
city demanded my conviction. Before the
September term | was reliably informed
that the cases against me might be salts
lactorlly disposed of if | would agree not
to give the Democrats any trouble in the
November election. In September the
cases came up for hearing, when the con-
spiracy charge was dismissed and the
charge for forging and uttering continued
until October. In October the case came
on again for trial, and Judge Crump was
retained to assist Governor Wells in the
defense. About the time the trial COM
menced the Commonwealth Attorney,
in speaking to Democratic friend, said, in
the hearing of Mr.. McCracken, member
of the Virginia Legislature, eve must con-
ylct Chahoon now, to save ourselves"
The selection of a jury was attended with
considerable difficulty, owing to the care
taken by the sergeant to select only my
most bitter political enemies, many of
whom were sufficiently honest to state that
their prejudces against me were so great
that they could not give me fair trial.
The constitution of Virginia SAYS: "All
men entitled to vote and hold office, and
none other, shall be eligible to sit as
jurors )" and Judge Guigon decided that
that provision of the constitution was in
force, and since the entire Republican
ticket received majority Of 2S3 in the
previous election, it is fair to suppose that,
under Judge Guigon's decision, there were
more Republicans than Democrats in Rich
mond who were competent to sit upoa a
jury.
From the time | was arrested, in
June, until the trial in October,
296 men We're called upon to act as
jurors, of which 294 were violent Demo-
Gratis, and two Republicans, known to be
legally incompetent. This jury was select
ed, not drawn, and selected by the city SER
geant, who had just obtained his office
through fraud, and was at the time can
didate for election, and dependent upon nay
conviction to retain his Office.
AT this time further bail was denied me,
and | was sent to the city Jail and confined
in small iron cell, and no intercourse al
lowed me with any person, except my
wife, (whose devotion and heroism during all
of my troubles, must have raised the stand
ard of womanhood with all who knew her
during that time,) and the Commonwealth
attorney went SO far as to urge the jalor to
prohibit her from seeing me.
The trial lasted for eight days. After
the testimony was all in, my friends were
jubilant over what they considered an as
surance of my acquittal. On the morning
of the 9th of October, the jury came in
with their verdict of not guilty of the forg-
ing, but guilty of the uttering, and ascer-
tanned my term of Imprisonment in the pen
itentiary at four years.
In certifying the case for the Court of Ap-
peals, Judge Guigon allowed his partisan
feelings to control him so far as to induce
him to garble and misrepresent every inn
portant particular, and in some instances,
to certify what he knew to be deliberate
falsehoods. Fearing that my feelings might
have some effect upon my Judgment in sta
ting questions affecting my guilt or inno-
cence, | shall only refer to one instance of
Judge Guigon's injustice, about which |
am sure my judgment cannot be warped.
My counsel claimed that Judge Guigon
had no jurisdiction to try my case,
that it could be tried alone in the
county Of Henrico. This was one
of the exceptions taken to the Court of
Appeals. In certifying the facts upon this
point, Judge Guigon says, page 23 printed
record: "The accused and the said Rich
ard d. SanXay, curator, lived in the city
Of Richmond during the time of the al
legged uttering," when he well knew that
the whole of the Haunstein property was in
He1aico county and that r.. ID. Saaaay
lived in the county Of Henrico and not in
the city Of Richmond during all of the
time of the alleged uttering. At the
November election, Mr.. N. M. Lee was
elected city sergeant and Captain James
Capston appointed jailor, after which time
my treatment at the city Jail was entirely
changed, and every privilege that reason
able prisoner could ask was extended to
me.
A new trial was granted by the Court of
Appeals. The jury for this trial was
selected by Mr.. Lee-upon this jury there
was one Republican. The jury failed to
agree, there being nine for acquittal and
three for conviction. OF the three for con-
viction, one was city scayengcr and the
other two were awaiting the result of bids
already made for contracts for city work,
and who urged in the jury-room that their
duty to themselves and families prevented
them from agreeing to acquttal as that
would necessarily result in loss of their
business.
After remaining in jail for five and half
months | was bailed after the hung jury
was discharged, and my case tried again in
June. By this time it had become evident
that no jury could be found in Richmond,
that would agree to my conviction, so no
attempt was made to obtain jury in
the city, but in opposition to the most
earnest protest of my counsel, Judge
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