Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-03-31

81 &M W3tt;4}H ~ WllkU<Vu VEIN
N b ~ Gay jail and brought him
~ a. e:3o scloek, au,i hSti bin, IN the
~ IS (ht Police Justice before ths
cloxd bah gathered 10 any extent.
EecHC 1uyrtios ives met BY his coansei.
~ badge w. W. crump, Beverley I.
<Sxmp. and A. Brown Essns.
a abort consultation was held. and
1h<n Cluserius wAS taken into the pris-
tSerss box. lie sat apart from the
.e(kes psiscners and in retired part OF
~ bex. avoiding ~ much as possible
o. eAae Of the crowd. As soon As he
Weal into The box his counsel came into
seass and took their seats within the
Mar.
NEARING THE CASE.
After awhile the case was reached,
ana Sergeant Cbalkley commenced 70
eAll the Witnesses. Owing to the fact
IA I large number Of them had never
bccn recognized 10 appear. because Their
statements had not been made AZ the
zinc the case was continued by the
eeurt. there was some delay in calling
obe witnesses. and considerable time was
esnssw,ed before they were all sworn.
while this was being done counsel
Or thc accused sat watching quietly
~ proceedings. Cluyerius sat between
yedee Crump end his son Beverley, and
ftxsuensly indulgcd in whispered con-
suliation with them. He looked more
aaxious than at any time he has been
brought before his sccuscrs. Some
times he would throw q glance at the
dense crowd OF lookers-on that occupied
every inch Of the courtroom, and when
he did it was plain that his efforts at
sempomre' were unsettled.
RETIREs FROM THE CASE.
Al the proper time Mr.. $. b. Witt,
Csmmonwcalth's attorney, arose from
Ms seat and said
"lf your Honor please, before pro-
ceeding further with this case, would
state that since the last calling OF the
case in this court l have asccrtained
that the defendant is q relation of mine.
l have examined the question tho
roughly, and find that all the circum-
stances, as well as the connection,
would make it unjust TO him as well as
t. myself were TO conduct the prose-
cution. l know your Honor appreciates
1hc position. shrink from no respon-
sibiiities as far as public duties are
concerned. bpt under the circumstances
/ feel bound TO retire from the case. j
have obtained the consent of Mr..
Charles v. Meredith TO represent the
State in the case, and ] am sure, sir,
that the interests Of the Commonwealth
will not suffer in his hands,"
cOIMoNwEALTH READY.
Mr.. Meredith was asked by counsel
Ter the defence il he was ready to go on
with the case. He replied that he would
let counsel know in due time, and adj
dressing the Court (Justice ID. G. Rich
ardson asked that he would designate
some other magistrate to hear the ex-
animation. Mr., Meredith said that JUS
fiee Richardson had been active in in
vestigating the case, and it might on this
account be well for some other magis-
trate to hear the evidence, especially as
he desired to introduce Mr.. Richardson
ss witness fol- the Commonwealth.
Justice Richardson replied by saying
that Justice j. Y. Holmes was the senior
Justice of the city, and would sit in the
ease. after which he withdrew from the
bench and Justice Holmes took the seat.
Then Mr.. Meredith said he was ready
for the Commonwealth.
EXAMINATION WAIVED.
As soon as Mr.. Meredith made this
statement Mr.. A. Il. Evans, of counsel
for the defence, addressed the court.
lie said: IF your Honor please. the
Court is doubtless aware Of the facts and
circumstances surrounding the calling Of
this case ON Friday week last. The
minutes Of the court will disclose that
the case was continued upon motion
Of the Commonwealth. II is addition
ally true that the prisoner himself had
been but recently arrested in the county
Of King and Queen, considerable dis
lance remote from the city of Richmond,
and that his counsel were here on that
occasion upon the shortest notice and
under circumstances Of some inconve-
nience and effort on their part.
Your honor is aware Of the prison.
er's arrest in the county Of King and
Queen, and that any witnesses who
might be relied upon by the defence re-
siding in that county would necessarily
be subject to great Inconvenience, con-
siderable cost and expense to be here
at any time during the progress of this
trial. In view OF this fact, and in con-
sheraton of the additional one rela-
ting 10 the restricted jurisdiction Of this
court, sAa. II tho prisoner was dis
charged upon this examination 1t
would not constitute an cstoppel or
bar to the power Of the prosecution to
arrest him upon an indictment Of the
grand jury OF the city Of Richmond;
and likewise because Of the fact that
In order for us to be prepared with testi-
mony in behalf Of the prisoner, we would,
rs ! have. but few moments ago re-
marked, have been under the necessity
Of bringing witnesses from King and
Queen under great uncertainty anu con-
siderable degree OF Inconvenience and
expense. il has been determined by the
counsel for defence 70 waive this ex-
animation and submit to the conse-
auences Of having the prisoner sent on
70 the Hastings Court.
The case was accordingly certified to
the Hastings Court at its April session.
"Mr. Meredith, is this agreeable to
youfn asked the Court.
~ am perfectly satisfied, SIR said
Mr.. Meredith.
THE CROWD.
The accused then retired 10 the office
Of the Police Justice, together with
his counsel. Outside Of the house the
gocd-natured crowd awaited with eager
curiosity a glimpse Of the prisoner.
On Mayo street the peopls were packed
like sardines, and ont on Franklin street
even the crowd was dense. A car
sjage stood in front Of the door Of the