The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-03-04
LOCAL MATTERS.
The Cases Against Auditor Allen.

STATEMENT PROM MRS.. Il. WITT, COMMON
wEALTh's ATTORNEY, GIVING THE FiCTs
ABOUT TUE DISMISSAL OF THE PRosECU-
TONS.
10 the Editor Of the Dispatch:
Understanding that there have been mis-
representations OF the facts connected with
the institution and dismissal Of the prosecu-
tons against John ID. Smelling and s. Brown
Allen in the Hastings Court OF the city OF
Richmond which are calculated to reflect
on the late judge OF that court and myself,
j deem it my duty to say
i. These prosecutions were instituted by
NE as the prosecuting officer of the court
aud because / believed that the criminal
laws OF the Commonwealth had been v,o-
lated by the accused. II is true that some
Of the facts on which the prosecutions were
based were specially known TO Judge
Christian, as, for instance, those relative 10
the execution OF the Smelling bond, and
that other facts were first disclosed by Mr..
Allen in the presence OF the Court, causing
the Judge TO order his arrest TO await
the action Of the grand jury. This
was the universal practice Of the
court whenever such eases arose.
But it is equally true that Judge Christian
these cases, aud asked me. II possible, %
dispense with his testimony ut the trial, and
Of his own motion refused 10 sit In the
cases in any manner connected with these
prosecutions. Thus while Judge Chris
tian ordered the arrest OF Mr.. Allen in the
manner above stated, i framed and fled
the indictments on my own responsibility,
and with an entire conviction Of their pro-
priety.
.. Some time after these indictments
were found the question was raised in va
rious parts OF the State as to whether the
repeal of the constitutional provisions re-
quiring the payment OF the capitation-taN
As n prerequisite for voting, without any
saving clause, prevented any punishment
in any prosecutions growing out OF that
provision, rs these did. On examination
and reflection came TO the conclusion that
this defence would defeat the prosecutions
against these parties. In this opinion
was confirmed by Judge Christian himself
as will be seen by the following extract
| from his testimony in the Wise-Massey
contest. when, in response TO a question
upon this subject, he said:
Il am not surprised 10 hear that noHt
proSeQui has been entered in these cases
having heard MIR. Witt say few days ago
that he was Of opinion that the repeal ol
the constitutional provisions requiring tho
prepayment OF the capitatiOn-taX. and ou
OF which provisions these prosecutions
grew, would prevent any conviction in
these cases. In which opinion | concurreC
with Mr.. Witt"
Having thus concluded, deemed it my
duty TO relieve the accused Of any further
ANNOYANCE or expense on this account.
If has always been the custom in In,
| Hastings Court to dismiss all eases which
could not be successfully maintained, anC
whatever others may have thought, as ;
uublic officer | could see no reason why
| these should be placed upon any other foot
| ING than others. They were therefore dis
missed.
The suggestion that / was controlled by
Judge Christian in instituting these prose
cutionS, or that / had dismissed them be
cause believed they had been wrongful!
commenced, is rs unjust to me rs it Is Il
him, and. is utterly at variance with tn
facts. As 10 Mr.. Aliens complaint that h
demanded trial, and 1t was refused him
a simple reference to the records OF tn
court will show that the Commonwealth
announced herself rs ready TO proceed
with the trial, and every effort known Z
the criminal pleader was used by Mr.. Al
lens counsel To secure a continuance
which was finally granted by bis Homo
Judge Aiken.
publish this communication in order L
defend Judge Christian from what | deeu
20 be an unjust attack, and at the sam
time let the public know why these pro
ceedings were dismissed.
Respectfully, 5. b. WITT.
| Comn,onvealfh'S AftOrnev