The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-05-22
Judge Wadd;u obiected Mr. Wise wa


secIitor ties the rope around the prisoners IS
neck; he (Ncwman) determines how he
shall be tried, and by whom, and then it Is
said that can't go out OF the way to show
the facts. So long as live will dcnounce
It; as long as there is free speech and free
kpress will denounce it," He held that
Judge Newman should have taken no step
whatever In the matter. Instead Of that he
had summoned special grand jury in
Hanover, charged that Jury on this subject,
and selected the jury for the trial in
IIenrico.
SHORT STOP.
A little later in the proceedings Judge
Foster stated that he would not hereafter
permit counsel to make remarks in con-
tempt OF Judge Newman.
Mr.. Cardwel desired to know II Judge
Foster meant to say that Judge Newman
was entitled to any more consideration
than any other witness.
The Court responded that when Judge
Newman was put upon the stand he should
be treated exactly as anv other witness;
what he referred to was the criticism OF
Judge Newman's judicial conduct.
The Court would not permit Mr.. Timber
lake to be examined, thinking it could not
hhNNb thio 'd't. INV lhtl " iuil Eub tldft
been obtained In Hanover. Defence eX-
cepted.
F1sT-FIGHT NO FELONY.
The indictment was read.
Mr.. Wise demurred to it. lie pointed
out that 1t specifically set forth that Mr..
Merryman feloniously assaulted Judge
Newman with his fist and hand. That is
no felony.
Judge Waddill / suppose il you Kill
man with your fist it is not murder.
Mr.. WISE Yes, but you have to kill him
first.
Overruled. Point saved.
SPECIAL PLEA.
Defence then filed special plea-to wit.
that vacancies occurring in the list OF grand
jurors, Judge Newman filed the same with
men OF his own designation and selection.
Mr.. Burnley Taylor, deputy clerk Of Hano-
yer. was examined on this and some other
points. Plea rejected. Exceptions.
PLEA OF NOT GUILTY.
Mr.. Merryman, now being required to
plead, said, "Not guilty Of any such
charge"
Mr.. Thomas here asked that the case be
continued till the next term on account of
the absence by sickness Of DR.. Cullen, OF
IIanoyer-an important witness. Judge
Newman swore to the materiality OF the
Doctors evidence.
Defence objected to continuance because
DR.. Cullen had neither been summoned
nor recognized, though bis name was on
the indictment: because DR.. Gregory could
prove the same facts that Dr. Gregory saw
Judge Newman at Hanover Courthouse
t,rr offo,. In Tn1 "a, n
for three days consccutively, whereas DR..
Cullen did not see him till Sunday (after
the Judge had returned home), though the
striking occurred Wednesday.
CONTINUED.
Judge Foster SAID that he would con-
tinue the case, though, perhaps, strictly
speaking, the Commonwealth was not en-
titled to ask it because Of the absence OF
DR.. Cullen. But he saw that the case was
likely to take up two or three days. De
fence sud, "Oh, no; it would not."l lie
wanted TO be home at the election, and he
supposed that the Jurors and witnesses
wished to attend election, too. He would
continue the ease until the next term, and
by that time the prejudice, il it exists. will
probably have subsided, "and you will get
rid OF this Jury, too"
Mr. Wise: We never objected to any Of
these gentlemen.
The Judge said the next jury SHOULD be
drawn in accordance with law; but what
the law is Immediately got to be great
dispute between counsel, and was not set
tied mt the adjournment OF court. But
Judge Foster will attend TO that.
The case was continued till June 18th.
A large number OF cOlored witnesses Were
recognized to appear for the Common
wealth.
Mr. Merryman was allowed to renew his
bail. About dozen OF his neghbors
stepped up to sign for him.
The jury summoned for this case, or for
this term, as you please. is not liable to the
same objection as that empaneled in the
case Of Mr.. Munford. On this Henrico
jury there were SeUerdL out-and-out Demo
crats, mature in age and experience.
Mr.. Wise yesterday, speaking OF Mr..
Waddill, clerk OF Henrlco County Court,
SAID he stands as high as any man in the
Commonwealth" SO he does. So say we
all. The sheriff and his deputies also are
men OF irreproachable character.