The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-18

O'CLOCK TODAY. ..f.-' -.
The Hastings Court, having disposed OF
the Baccigalupo case at the mornir g-after-
noon session, was called 10 order at 81 yes
terday' evening to begin anew the trial of
John f. PoindeXter, who stands indicted
for shooting and killing Charles c. Curtis
on Monday, March Sd.
The prisoner was looking quite well
The courtroom was we'll tlIed-not
crowded. y .'.-
In response to the usual question OF the
Judge. nweaIth's-Attorney George
D. Wise said that he was ready to proceed.
John B. Young, Esq, John S. Wise, Esq,
Judge f. G. Minor, and William l.. Royal,
Esq, appeared for the prisoner. Mr..
Yonng was understood rs saying that he
did not know that his witnesses were IN
conrt, but fhat~in other respects they were
ready to 60 OH.
TIE yENIRE FACIAS-MOTIoS TO QUAsH.
The Judge ordered the Yenircmen to be
sent from the room.
Mr.. Young asked for the writ OF rei1ire
fdcius and return. They were handed him
and he spcnt some little Zine in their cXami-
nation. ..-.
He moved to quash the renire ,fucias and
return, and desired that the list furnished
by the Court should appear in the bill OF eX-
ccptions.
Judge Christian I thought that had been
settled in the johnson Sands case.
Mr.. Young: 1t is hard to ttll what is set
tied now. il z
The Judge: But you ought to be satisfied
where you have settled Il thin" yourself.
Mr.. Young answered hat the Court, not
he, had settled what was settled there; but
any how il was well to begin case right.
The Judge told him to prepare his bill Of
exceptions. That he at once proceeded to
do.
Tie bill was prepared and offered, al
lc.ing errors and irregularities on the face
OF ,hc papers, and was signed by the Judge.
vENIREMEH Examined.
Randolph tial nard was first called in and
examined. He had read all the evidence,
and had a liked opinion.
Junius \. Morris mad an opinion formed
upon what he had read and from what he
had beard. Encoo that he could not give 4
fair aud impartial trial.
Arristcad Il. Ncale had made up his
mind upon what he had read, and being
there soon after the shooting.
G.. w. Macfarlauc had an opinion formed
on what hc had read and heard. Could
give him fair trial, as he considered. II,
however. would require now evidence to
change his mind.
Luther r. Rcirs had formed an opinion.
1t was fixed.
\. ". NU!.ing. Charles c. Scott. n. G.
Newton. and Robert c. Nicholas had formed
opinions.
QUESTION RAISED.
Otho O. Owens had read some parts OF
the evidence. Have an opinion, but think
I could give a fair trial. Yes, sir, | have 4
liked opinion. heard an expression from
one OF tic witnesses on the day it happened,
but it made no impression upon me. |
think | have fixed and substantial opinion.
I have no such fixed opinion as would pre-
vent me giving fair and impartial trial.
TO Conmonw ealth's Attorney: Yes;
have such IN opinion as would require cyi-
dcnce 10 remove.
The CONFERENCE.-The Attorney was here
called aside 10y Il gentleman. and upon re-
turn,n" to his seat asked: Have you ever
expressed an opinion:
Mr. Owens: Yes, sir; l have expressed
an opinion.
The ycnrcman further said: I have read
portions Of the testimony at the breakfast
tabc-Mr. McGuirc's Mr.. Lyons, and
Miss Cot!relfs.
70 Judge: Could give fair trial, be-
licve.
Defence asked 10 questions.
The Judge thought Dir. Owens 4 compc-
tent Juror.
MR.. OwEES'S OPINION.
The CommcnweaIth's Attorney asked to
that Mr.. Owens had expressed an opinion,
a l,rifnl
Mr.. Owens: | have said that / expressed
an opinion.
Conmonweallli's Attorney: | know 1t.
give yon credit for that.
The Comm0nwcalth's Attorney declared
that he wanted iurymen who had neither
formed nor expressed opinion for or against
prisoner. 4 perfectly unbiased jury was
all he wished.
1lr. Young cmphaticalIy expressed The
same desire.
Judge Christian now examined Mr. owens
more closely than ever. and was not sails
fled, and told him TO stand aside.
UNSUCCESSFUL.
! GEORGE $. Palmer. Jr., Christian tnke!.
! Il. w. Pickrc'I. Polk Miller. Giles Z. Pleas
ants, W. .. SHELTON, Robert Il. Roberts,
William.L. Slater. David Walker, and Isaac
w. Walker, had made up their minds and
were discharged.
Oscar CranZ, Jr., had not taken out his
naturalization papers. Discharged.
This exhausted the lit of those found.
Not i iuryman bad bcea obtained.
MOTION FOR AN OUTSIDE JURY.
The Commemorative Attorney said he de-
! sired to submit 4 motion. He referred Ia
the fact that the evidence taken ut the Coro.
nci's jury, at the Police Court, and at the
last trial. had been published in all the
paiers; that the case bad been much dis
cusSed IN all portions of the city, and in his
| Judgment il would he Impossible to obtain
4 fair aud impartial jury here, and that the
time had row arrived to send out OF town.
| lie would ask 10 cyanIiGc witnesses to show
the improbablity OF obtaining another jury
in Richmond.
THE DEFENC.; OBJECT.
Mr.. Young opposed the motion. He did
not think the time had yet come to seek
| iury elsewhere. and WAS unprepared for TINS
motion at this Stage. lie said that on the
| former trial they were slow in obtaining
iDrors at first. but having made start trey
moved Oh RAPIDLY. He anticipated The same
result now. Ii that motion was TO be press
cd. rs an alternative he would seriously
think about making q notion to change the
rcnue. II the condition OF the public mlld
here was such that jury could not De op'
taned to give fair and Impartial trial, the
Judge had the discretionto change the cenue
TEE CHAHooN CASE.
There was some discussion about the
| Chahoon case, and the Commonwealth:
Attorney showed that Judge Guigon hat
obtained two from the twenty.four sum
moncd for the second trial; that none haC