The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-05-22
FUSS ABOUT A FIST-FIGHT.
THE NEUTRALITY-SUSPICIOUS. CASE IN
HENRICO COUNTY COURT
YESTERDAY.
All the PrcliminariesS Settled and Trial
10 Come OF Before Judge
Foster June 10Th.

Yesterday i'm the Henrico County Court
Dudge Foster, OF King William. presiding
the case OF Mr.. w. n. Merryman. charged
with feloniously assaulting Judge w. W
Newman, judge OF the County Court oI
Hanover, was called, the preliminary ques-
tions disposed OF and the prisoner arraigned
after which the trial was, upon motion OF
the Commonwealth, postponed till the next
term, June 18th.
PERSONAL.
Mr.. Merryman and Judge Newman are
citizens OF Hanover and live i'm the neigh
borhood OF Atlee's station, which station is
about eight or nine miles from this city,
and on the line of the Chesapeake and Ohio
railroad. Judge Newman, besides being
Judge Of Hanover. has since Judge Ed
mund Waddill accepted the Office OF United
States District Attorney been, under GU
bernatorial appointment, Judge pro tenn.
OF Henrico. He is fifty-nine years OF age
MIR. Merryman fifty-seven. They weigh
about the same. Judge Newman Is the
taller; Mr.. Merryman the stouter OF the
two. According to appearances both are
able-bodied. Mr.. Merryman has no other
occupation than farmer. Judge Newman
farms and judges. The Judge is rather
slow in his movements, while the other
seems quick and active.
TIE DIFFICULTY.
One morning in April the TWO gentlemen
met at Atlee's station. Judge Newman
went there to take the up-tran for Hanover
Courthouse, where he was 10 hold court.
Mr.. Merryman went for his mail. Mr..
Merryman rcprOached the Judge with
taking colored hand" from hm-that
Is, with inducing the hand" to leave him
and 90 to the Judges farm. Hot words
passed. Mr.. Merryman understood the
Judge TO characterize him rs .wilful falsi-
fer, and he thereupon struck the Judge q
heavy blow on the left side OF the face and
near his eye, knocking him down and dis
figuring him temporarily. Mr.. Merryman
was Immediately arrested, taken TO the
courthouse by special constables appointed
by the Judge, examined before magis-
trate, and sent on for felonious assault, but
admitted to bail. subsequently a special
grand jury was summoned by Judge
Newman for the consideration of
this and other eases, and accused
was indicted for ielonious assault. The
Judge had the option, under the law, Of
asking another judge to preside in Hano-
yer or OF removing the case to another jul
risdicton. He chose to remove the case to
IIenrico, and at his request Judge Foster
came here to preside in the trial.
BEFORE COURT.
Yesterday all the parties came INTO court
Mr.. Merryman was represented by Il. II.
Cardwell. Esq, Mr.. Walter Sydnor, and
Hon. George ID. Wise. Mr.. G. W. Thomas,
CommOnwealth's Attorney for Henrico,
and Judge Edmund Waddil (who is Dis
trict Attorney appeared for the prosecu-
tion.
Mr.. Cardwell upon the calling OF the case
moved for change Of Uenue. for the reason
that in Henlico it was as much in the power
Of Judge Newman TO conduct the prelimi-
nary proceedings as in Hanover What
Judge Newman had done was only to re-
move the case from his court in Hanover
to his court i'm lIenrico.
Mr.. Cardwell said that defence was per-
fectly satisfied with Judge Foster, and they
would be glad il he would remove the
cause from Henrico to his own county.
Mr.. Thomas replied that there could only
be one removal except for good cause
shown.
Judge Waddill read the record certified
from Hanover, showing that the case was
removed because Judge Newman could not
sit "and for other reasons"
WHO MAKES OUT THE JURY?
Judge Waddill said he understood the
objection to be, if anything, that it was
possible for Judge Newman to pack jury
in Henrico. That Is not so. The judge
who comes here summons the iury-that
is, he can either adopt the jury summoned
for the term or order another TO be sum-
moned.
Mr.. Wise, in response, dwelt at length
upon the impropriety OF Judge Newman
sending this ease from one to another OF
hs'courts; said they had no objection to
the county or to the Judge selected; bat that
what Judge Newman ought to have done
was to invite Judge Foster to try the accused
in Hanover. He expressed IFS firm BELIEF
that more people in Elcnrico thanin Hanover
had heard OF this case, because through 4
Richmond paper an attempt had been made
to prejudice accused's case by n personal
article, describing accused as a much
Younger and much bigger man than Judge
Newman. fJudge Waddill said that Mr..
Svdnor had written Il card and corrected
that.1 As the special subject OF complaint
: Mr.. Wise read the following, which he OIL
tanned from the clerks desk:
Samuel II. WdddW:
Please have the following persons sum-
moned for Friday next to serve as the Ue-
nire for the trial Of all cases OF felony to be
, tried at the May term OF HenricO court: j..
ID. Mosby. b. J. Kellum, J. W. Ammons,
( l.. II. Jeter, III. c. Hecher, L. 7. Rugg,
I Daniel James (colored), Richard Adkins
! (colored, Norman Smith, Il. 7. Crouch, f..
! w. Shipman, Il. n. Cross, j. w. Pedin,
Isaac Walton (cclored), Joshua Roper (col-
ored). Daniel +. Gardiner.
Yours truly, W. W. NEWMAN.
Nav II, 1888.
TTie words "colored" are not in the
original.l
JUDGE NEWMAN UP.
Judge Foster declined to remove the
! case to his own county, because no go0d
cause therefor had been shown. His own
mind was unbiased, and he could give the
accused fair trialhere. Motion oyerruled.
! Defence excepted.
Judge Newman Oisingl: III it pleases
your Honor, desire to make -
Judge Foster: Better not say anything
now. Judge. You will have an Opportu-
nifty after awhile.
The Judge sat down.
that one Of the chief reasons ior removing
the cause to Henrico was that Richmond
was nearer or more convenient to ell the
witnesses than Hanover Courthouse or any
other courthouse
CAN'T GET FAIR TRIAL.
Mr.. Cardwell next moved for change Of
renme because accused could not get fair
trial here in Henrico; that the party al
legged to have been injured had selected the
jury. Thereupon the clerk OF the court,
/ Mr. G p. Waddill. was examined by Mr..
Cardwell and the Court. He testified that
Judpe Newman asked him for list OF
names from which to summon the venlre !;