The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-13

sR. ALIENS AFFIDAVIT.
/ Upon returning 70 the courtroom AuG.-
tor Allen went 10 the clerk and made oaih
70 an affidavit.
Mr.. Huhard said that defence would
/ blend the whole grounds and ssk for q con-
( tinuance til The next term Of this court.
I O.dinariiy they would not raise technical
/ questions, for they gere well satisfied not
/ only of the innocence Of the accused. bur
that this / mO>t extraordinary pro~ecu-
\ ton IL = unfortunately but too true that
our politicians and newspapers in the
last twelve months have pursued a course
that has excited preiudices and animo-itle-
70 that eAtelt that any person arraigned
upon 4 charge connected with auv recent
/ political occurrence has reason 70 aprre-
bend that light matter be aggravated into
serious one. For these reasons they
wished their client lof whose innocence
they were satisfedl 70 be snll-banded with
/ The lzw -nd tre facts.
Mr.. Hubard then went on 70 state. - ne
understood them. thetfaets connected with
I the arrest Of Auditor Allen. He aid that
upon examination Of 10 witness, on com-
+ paint from no quarter, BE- was summariiy
F restrained Of hi liberty and delivered into
F the custody Of tie Sergeant. 20 be sent 20
I jail unless be could give bail. He then
stated that the indictments bad been CON-
Ing out in squads; two one day. then an
other another day. and three more TO-DAY.
In the Interest, too. u public business II
the capitol. he asked for q continuance.
I Further, Mr. Allen wants time 70 advise
7 with counsel and send processes % Au-
gusta. This court meets monthly. aud 10
f interest can be preiuGiced by the delay
asked.
( M Hubard. in closing. arain referred to
The disturbed condition 0i the public mind
with reference 10 recent political events.
judge Edmund Waddil. Judge ~ tn
County Court q Henrico. q counsel for
defence, read All aAidavit setting forth tine
iaets concerning Mr. Aliens arrest. and
: summarizing those Others stated by Mr.
Huhard, The affidavit alleged that tbe
Auditor was without the slightest testimo-
NJ OF consideration. not even that due the
commonest cuiprii. placed under arrest.
md would have had 10 20 20 the common
jail but for tie kindness II q friend who
went hi bail AL II which pr0ce ding
and practice. The af..ant declared. we're
hitherto unknown In the courts of thi-
>ilte.
The afidavi; closed with the allegation
that The Commonwealth, Ararnev had
abandoned bis three first indictments and
grand jury had this day been empanelled
and Others brought IN: all. however.
charging mi-demeanor.
AREFIECTI0S rPoN yUDGE CHRISTIAN.
Judge Aiken: some portion, n the afr
dayit reflect upon the judge OF thi, court,
and / think il should te amended. L j.
the duty of ever court when IL finds that
an offence has been committed % cause the
offender - be- arrested and beld f1r trial.
Judge v addil: We meant DO reflections.
Judge Aiken: / suppose you did not: .
bat l. should . amended.
Jud-e NadiiI disclaimed auv elil IN
ten-ion. he c.2imed lifelong friendship
with Judge Christian, and declared that BE-
bad 90 purpose 20 reflect upon him. H.
offered % amend the affidavit. He did
amend j.. and read ID over 20 Judge Aiken. .
stating that his client ie.; tha. the fact had
been trnls stated. but he (Iudee WsddiB
would retire from the ca-c before he would
do anything which seemed 10 reflect upon
judge Christian.
WY DELAY:
Mr. VIII said thai b. had intendedi0 Re-
late all the fact connected with the arrest
= Mr Allen. and 70 deny the statement Of
facts IN The affidavit. but the prompt G--
claimer from Judge WadGu ADD the
amendment % the affidavit Ihy which q
considerable part wa- struck ont made L
unuecc-.aTv.
Mr. Wit looked upon II as remarkably
strange thai these gentlemen, who come
here claiming innocence FOR their client IT.
.iead oi going 20 trial. meet him sep by
step by these .ubilefir- u the lAw and
those defences Used only by lawyers ~ Who
believe that they have bad case. Here arr
our witnesses al in court. Ii Mr.. Allen
wants sny from stanton We viii help bin
20 -et them, tut 20 continue tie case III
next month be would not consent.
Ia closing Mr. Wiz. for himself and Tor
The Judge Of Tie court, Indignantly de-
ciared that a. o. time had The processes % .
fLi. court been rro.-tltel for political
purposes. He was bere % try man
charged with crime. aud bach after batch
OF indictments viii CONE. and reAy tter
relay Of them viii boz heard q. until the
jury pas-,- upon th.s case.
A. FOR politics 10 tai, prosecution o
never entered biz bead; nor could Judge
Christian have ever been moved by any
such thought.
Mr. Wits speech indicated that Ae
would iu,eTp0-e 20 objection 10 ume
being granted for counsel % examine TIE
ind atment, to send -0 -raunton after VII
ne-ses, and 20 do everything else Necessary
O. make q proper defence. Dut De thought
that a-tli. wa only the 18th 81 Deem
ber. the ease I'll : ht vel oe TIED tbs month
and should MOI be- continued lniI. January.
For these reasons be- opposed Tie continue
slce. q l-aed.
WET TNk.
Mr.. Allan. for rbe Auditor. followed.
ar-uing m favor of delay in view % the
chan-e- of indictments. They were now
called upon 20 meet indictments "tAe ink
un0r which j. scarcely dry.
Nr. Wit: Iou viii hear q good deal OF
that before you -et through.
sr. Allan. / know I viii. and tLaI j.
tbe reason thought ] would FL i 10 hr,t.
Mr. Wit: You viii get il in trsi and
lest. too.
Mr.. Allan Gwet upon The importance q
lhe Auditors duties 20 the Capitol ~ ihis
particular time. and asked. 10 justice and
ialrne-,. that accused have time % pre-
pare for trial
PERSONAL.
All Of counsel for defence spoke of Mr.
Aliens personal character and the exalted
public position 70 which the peoples repre-
sentative tthe legislature have elected
him.
Mr. Allan said that Il there l. re-l need
for summary process. the Governor can re-
move the Auditor. he spoke. too. of the
fact that after January - the Judge o. this
court viii not labor under the disability a.
ieciing the present Judge Iwho may b.
called A. = witnes-l
CONFINED.
Judge Aiken -aid that BE- thought the re-
quest for q continuance not an unre2son-
able one. II wa due 70 the dignity Of
The cour1. and 70 the position o. the officer