The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-07-17

TIE, CASE BKFOKB ssTnH COUNTY COURT Or
4o1AEKE--RARricuLARs or rHE INDlcraEsT--
JUDGE PAGES CHARGE 70 3THR GRAND jury.
Correspondents OF the Richmond sDispatch,l
WiNeHEsTRR, July 10, 1873.
Yesterday, at Berryvtile, there were nun.
Der of people in attendance upon the July
Quarterly term of the County Court of
Clarke county, drawn together by the expec-
tation OF possibly witnessing the trial of the
Litt!es ana 1t was also the day appointed
for the election of delegates TO the Richmond
conventions. However, the feature of greatest
| interest to the public, as we'll as to the peo.
pie of Clarke and the vicinity. was fhe In
dictment OF Lycurgus and Oscar Little for
the murder OF their brother Clinton nm the
9th instant. There seemed to be every dis
position manifested by those present to give
the prisoners n fair and impartial hearing.
Time has already in measure soflened the
harsh feelings, Or at least checked their ut
| teranccs, which We're at first expressed on
every hand.
The facts heretofore published are SUBJ
stantially correct but aside from the high
crime which has been perpetrated against
, society there is no one especially interested
| IN urging the prosecution, the individuals
| most injured being members Of the same
| family; and the father having expressed him
self as DESTROYS that there should be no pro-
| sccution, and being credited with the re-
| mark that Clinton was dead, and Furnishing
his brothers would not bring him back. Yet,
| in looking over the very long and remarks
| bly, weli-drawn indictment framed by Car
ter Louthan, ESQ.,, the Attorney for the
| Commonwealth, 10 which the various counts
set forth the offence in all the different
| shades in which rumor had represented it as
| having occurred, and evidently prepared to
meet whatever contingency might arise in
the progress of the trial, We were convinced
that the Commonwealth was certainly awake
to the interests represented, and would do
it's duty. After some preliminary business
the grand jury were called and the indict-
ment given them. The Hon. John f. Page,
Judge, then said:
| "Gentlemen Of the Grand Jury,-You have
been brought here to-day at the instance Of
| the Attorney for the Commonwealth, to, eX-
anime testimony and pass upon the facts
which will be brought before you, relating
to the shocking homicide committed few
| days ago in our peaceful and well-ordered
community. An indictment will be sent to
you against the persons charged with the
offence, and it will be your duty to lind it a
true bili' or not IA true bill, rs the evidence
before you shall justify. 1t is of course not
my province to anticipate the character OF
| the evidence which will be sent to you
by the Attorney for the Commonwealth,
nor do know what the evidence
| will be, but l deem it my
duty to state. as general principle of GRIM
inal law, applicable to all cases, that the
dying declarations of person fully con-
scious of his condition have always been re-
ceived as evidence of the highest character,
and that the admissions, confessions, and
declarations of the person charged with
crime, il not induced by threats or promises,
is always received and admitted US compe-
! tent testimony"
After some few additional remarks, the
jury were sent to their eounci-room,
and the witnesses called, sworn, and sent
10 them. Columbus and Gilbert Little,
| the two brothers who succeeded in re-
SiSting the murderous attack of the prison.
erS, Oscar and Lycurgus, have left the
State, and it was not possible to get
them here to testify. However, there
We're 4 number of witnesses who gave
evidence of facts sufficient to justify the
| grand jury i'll pronouncing the indict-
ment Il "true BILL" which judgment was
satisfactory to all. The prisoners were ar
raicncd. the indictment read TO them, and
| they entered plea of "not guilty." eXer-
csing their right under the statute which
provides that one indicted for capital Of.
| fence may elect to be tried in the circuit. He
accordingly made his election, and the cause
was continued.
There has been good deal Of unfavorable
comment here on an article which appeared
i'll the Enquirer, of your city, criticising the
dispatches sent by gentleman here, who
gave the proper account of the tragedy. y.