Morning journal and courier., 1881-09-08
THE SOUTH.
Virginia.

Marvin in Court--His Hearing Put Back l --A Lively Protest from the Prisoner. RICHMOND, Sept. 7.-The case of Marvin, | alias General B. A. Morton,'' the polyga-
 mist, was called in the Hastings court to-day,
 and Commonwealth Attorney Witt asked for | 8 continuance until the 17th inst, stating as l a reason therefor that some of the more | important witnesses were non residents, and | they could not get here until the 17th mist. He stated that he himself expected to leave | the city during the day and go into other States to see about these witnesses whose l names he did not think proper to divulge, | but he would say that their presence was of very great importance. Marvin appeared without counsel. When Justice Richardson | asked him if he had anything to say he arose
 and said:
 If your Honor please Have been charged with an offence here which in the term you uss is
 called felony believe Since my arrest have been than a simply accused of wrong. Now, sir, if your Honor pleases, the prosecnt1n attorn til the I7th, not for the purpose he I asserts. That excuse was made when he asked for TOT
 a continuance ten days ago, since which time have
 waited patiently it was possible for human be-
 ing to wait under the circumstances in hope that he
 would be prepared proceed with his at this time in order that might be more fully pre-
 pared to know what had to defend in the case And, sir, as hs now comes befo your Honor anu says ne has not communicated with the witnesses yet ask has the gentleman communicated with other par 1es
 aside from those wh are in the prosecution or thls case? He can answer you am an entire stranger, destitute and alone. I am deprived of every priv ilege that is granted to man, except that nave right to breathe Gods air it is strained through
 the bars of prison. That in my opinion would be
 deprived Of if it possible and in the power of
 ths authorities What is the object of this continu ance? That he may be better prepared to get wit
 nesses here to appear against one Marvin or IS 1t
 tha. he ay continue to poison the minds of the pub
 lie through the sensational press and that every idea
 If justice may be plotted out Is It just that should
 be arraigned here, charged with an oense on public camor and prejudice? ask that the court insist give month and the right to communicate with
 my witnesses who are as imp ,rant to my oe as
 the gentleman witnesses can possibly De In the pros ecution Sir the right has been denied and enphat
 Justice Richardson-whst privilege has been de
 nied you, MT Marvin? Marvin-1he privilege of Young appeared here week ago and am sorry to
 say am not in condition financially to retain him
 Co onel Young and which he mailed wrote four
 other letters which are now in his possesston and
 hen had written these I was informed that | l
 justice to say that in communicating with my
 ,n the hands of man who trying to destroy
 so justice is Now, sir, if this is to be
 continued for one month should have permission to
 communicate with friends and my witnesses without
 my letters being subjected to the surveillance of
 possible. The law presumes that am innocent
 until am proven guilty The process so far 's in |
 upon you to stay locked bound cell without
 the right of communication with anybody save your treatment is unbeeoming humanity. Were to call it beastly I would dishonor the brute that God created
 Justice Richardson-Confne yourself to the matter under consideration. Marvin confning my honor to interpret the law. but claim that have some knowledge of just and right. Now, sir, if the
 is to be continued ask that it be continued for month.
 The Commonwealth's attorney said it would be unbecoming in him to reply to the prisoner. He was perfectly willing that the case be continued until the 17th, and he had no desire to hustle the prisoner into trial and was willing to give him the extent the law allowed.
 Young and it requires correspondence before bring about the desired result The time that the cient and cannot be ready. 1t is impossible not within the power of the mails to communicate with my friends and make arrangements necessary for the trial"
 Mir. Witt said he yas willing to continue until the 17th.
 The Justice-swe will continue the until the 17th. So far cont ol it, you shall have full opportunity of summo ing your witnesses Of course you must let your correspondence be submit ted to the officers of the jail"
 Marvin again rose and said:
 Your Honor may not be aware that the Postmaster
 General has decided recently that man held for trial
 is not to be deprived of any of his mail rights and
 facilities than he would If he were on ball. I willing put my letters into the hands of the
 postal carrier and am willing to receive and open
 them in the presence of the iailer but am not will ing that their contents should be divulged. Justice Richardson replied :-
 The jail is under the control of the Husting court
 not of the Postmaster General and must sub init to the rules of the jail
 The witnesses were accordingly required
 to appear on the 17th and Marvin took his | seat He spoke with ease, although stam- l mering somewhat but was at no loss for l words and gained from the crowd reputa- | tion as an orator as well as for other traits which have made his name notorious