Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1879-05-16

\ End Of the sStrange Charge Acquittal
| of Arian.
| There were nearly three hundred peopl
gathered in the County Court house Tues
day, to hear the trial of Abram Arial
upon two charges of being found in posses
sion of stolen chickens. The same magis
trates, Messrs Kinney, Eskridge and Mills
who presided last week when the accused
was acquitted of a similar charge, also sa
in this case. The circumstances Of tn
prisoner, being a man of means and thai
being his first appearance on a crimina
charge, were mentioned last week, Capt
James Bumgardner, Jr., appeared for the
Commonwealth and Messrs Geo. M. Coch
ran and Meade F. White, for the defence
The owners of the property involved II
the two charges were Messrs Dickerson
and Michael, neighbors of Arian.
The former identified the chickens pro-
duced in court and also recollected the
night they were stolen. The thief made
noise at the coop and the daughter OF
Mr.. Dickerson called out of the window to
him to let the chickens alone as "the old
man has got his gun and is going for you. D
One of Mr.. DIS daughters also identified
the eight chickens produced in the court
house and even called their names-she
had them all named-as she picked them
out.
Mr.. Michaels detailed the robbing of his
coop, and identified four Of the chickens
produced in court as his.
Frank Poindexter, colored, identified
the chickens in court as those purchased
by him from the accused, among lot OF
twenty-six. A bystander at the sale re-
marked that they were very fat, and Arian
replied that he had had them laying by
corn all the winter. Had seen Arian with
chickens for sale in Staunton often before.
Two other colored witnesses testified to
the fact of the purchase from Arian.
J. Calhoun 1.-THE owner of the chickens
in the case upon which the accused was
tried and acquitted some days ago) testi-
fed that when he had seen his chickens at
Poindexter's, and Arian had been pointed
out to him as the man who had sold them,
he approached Arian, who said he had
bought the chickens, but if they were Cal
houn's he would pay pay him for them,
and it was no use making fuss about it..
Arlan told Calhoun that he didn't know
the colQred man from whom he had bought
them; that the man had sold him sixteen,
all he wanted to buy, and then gave him
the other ten.
AS Mr.. Calhoun had not stated this lat
Ter part of his evidence at the former trial
Mr.. White, who was Arian's counsel in
that case, called tho attention of the court
to the discrepancy.
The witness-I was going to state it
then, but you are the very man that
stopped me laughter
Witness went on to state that since the
first trial Arian had been to his house to
get his aid in hunting the thief who had
sold him the chickens, and he had accom-
panied him to one or two suspected
houses.
Ed. Mills, colored, testified to the pur-
chase by Poindexter, and to the fact that
when Arian offered to pay Mr.. G. for the
chickens, c. refused to take it, saying be
was going to get warrant and take Arian
now while he could get him.
Mr.. Jno. Paul, Deputy County Treas
urer. was introduced to show that Arian
had no license as pedlar to buy chickens,
but Mr.. White, of the prisoners counsel,
objected. and the magistrates sustained
the objection.
There were two witnesses introduced
for the defence-Mr. Helps, from Ohio, a
brother-in-law of Arian, and his wife.
Mr.. Fl. testified to having arrived here
from Ohio On Friday. the End of May.
THAT was after the charges had been made
against the prisoner and after he had
been acquitted on one of the1n) and
went to Arian's house with his wife the
following Sunday evening" That night
Arian called him up out of bed and be saw
Arian try to arrest negro who escaped
Capt. Bnmgardner opposed the admis
sion Of. this as being merely evidence that
Arian might have manufactured for the
occasion himself.
Mr.. Cochran said if it was ruled out thu
court would exclude the only means by
which the prisoner could establish biz
! innocence.
The court decided to admit the evidence
and the witness continued. He said h,
heard the negro sing out in front Of thu
house ''hallo boss" and Arian immediate
ly called witness to come down saying
''Here is the man bought those chickens
FROM" Witness went down and over
heard the conversation between Ariar
and the negro in which the former wa
questioning him as to wherehe had gotte1
the chickens from. The negro said he hat
bought them from Calhoun and Michael
and Arian need not be afraid that i
wasn't all right. The questioning was s,
close that at last the negro got suspicious
and when A. tried to catch him run TO
the woods where h disappeared.
When the witness concluded bisevidenc
which showed no flaw in its connection
the argument of the case was proceede,
with. Capt. Bumgardner protested agains
the action of the magistrates in the ad
mission of Helps evidence saying, that
this.was the course they intended to pursue
the law against petit larceny had as wei
be wiped from the statute books as it woul
be useless to attempt to protect the com
munity under it. After argument b
Messrs. Cochran and White the magis
trates consulted on the case and rendere
decision aequittipg the prisoner and OF
dering his discharge from custody.