The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-09-22
Trial of Fisher for Murder In Middle.
sex County.
spcoxD nays PROCEEDINGS OF THE CIRCUIT


sex County.
SECOND Days PROCEEDINGS OF THE CIRCUIT
COURT.
[Reported for the Dispatch.l
Court called to order at 10 o'clock A. NJ,
Tuesday, 18th September, 1874, Judge JEFF
fires presiding. The jailor led the prisoner
| nanacled before the court. He seemed much
detected, having dOwncast, woebegone eX-
| preston. When his shackles were removed,
however, he assumed more cheerful counte-
| nance. A large and curious crowd sur
| rounded the prisoner from the Jail to The
courthouse anxious to get view of the
| man who is charged with and believed by
the entire community to be guilty of crime
| which if proven against him, he will answer
with his life.
The counsel for the prisoner offered nu-
merous pieas-claiming that special term OF
the court should not take cognizance Of the
present charge, that only a regular term of
| the court had jurisdiction in this cause; the
prisoner, through bis counsel, protesting bis
| innocence of the crime alleged against him
this cause was not on docket at the last reg.
| ular term, and that, therefore, the prisoner
ought not to be tried at special term. All
| of which pleas the court, without hesitancy,
rejected. Several pleas were offered IN
abatement, but promptly rejected.
Dir. Bland moved to quash the indictment
| on The ground that this court has no juris-
i dicton in this case. Oyerruled.
Mr.. Bland then moved to quash the in.
dctment on the ground that there was no
examination by magistrate before or after
the indictment. Overruled.
Colonel Montague moved general de-
| murrer Oyerruled.
The prisoner was then asked by the court
whether he plead guilty or not guilty of the
| charge against him. With stammering &C.
cent, caused By natural impeachment OF
speech, he plead "not guilty."
Mr.. Evans moved a continuance of this
cause to the next regular term of the cir
cult court on the ground that there was moi
a single witness recognized to appear at this
trial for or against the prisoner. There was
no reason to believe that the prisoner would
be arraigned for trial at this special term.
Here the attorney for the Commonwealth
Informed the counsel for defence that it VIII
net the business of defence to provide wit
nesses for the prosecution. The defence
! might be sure the Commonwealth would OF
we'll provided for.
Mir. Bland argued that not one of the coun
sci for the prisoner was notified that an au
tepsy of the body of John W. Ross woulC
be had on Thursday, 17lh of September. 81
declared that important evidence in favor o
the prisoner had come to the knowledge 0
counsel for defence since the indictment o
Monday, 14th instant, which was not befor
discovered; also, a witness whose eyidenc
is absolutely material for the defence is nov
quite sick and unable to be in attendance OF
the court.
The court informed the counsel for de
fence that be should require them to max
affidavit to the above facts, and requisite
, them 10 prepare their afidaVits while th
court took recess for one hour.
!. The court assembled again at 5 o'clock Z
Nj. The counsel, after considerable delay
presented their affidavils. The judge. afte
carefully reading these sworn statements. IL
| formed the counsel that he saw nothing
the papers which was significant. The p
pers only stated thst to the best of u
knowledge OF the Counsel the evidence OF Il
{ absent witness Was material, and did n
t state that it WIS known OF q certainty. I
saw nothing In these afldayits of Gouns
q and prisoner to justify coantinuapre.
j. Counsel Tor defence here seemed much e
i, cited, for they well knew that 10 falling
!. set o continuance their case would be To-