Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-12-17

the case would Justify such a mo
ton. "The facts are,n said he
"ths prisoner was arrested at lat
hour last night, and has had no op
portunity to summon witnesses, no.
was he in q condition at that tim'
to indicate to his counsel what hi
defence would be. saw the pris
oner myself, but could get nothing
from him except the fact that III
was charged with something un
Justly, and something in connection
with the trial of Cluverius. Hi'
object then was to get out of prison
and get bail. I went of, leaving
him uuder that impression and
this morning he informed me tha'
he has such witnesses as to con
vince your Honor that you have ne
case against him, and that you vii
not be compelled to send him on tC
the grand jury. We think that
this is a proper case for a reasona
BILE amount of continuance to give
the accused a fair showing before
the preliminary court.
sit is we'll known that the iudg
ment of this court has more or less
effect upon the community and
upon the grand jury whatever the
action of the higher court might be
Now, | say, it is fair that the pris
oner should have a fair hearing in
this case before this court. If II
had been before a grand jury and
had come up from the grand jury
it would have been different.
think it is no more than right and
proper.
Mr.. Page at this point interrupted
him sOtt0 rOce, saying something
about his having to attend the
Chesterfield Circuit Court.
Mr.. Cabell, continuing, said; 81
say in addition TO this, Mr.. Page
my associate, who has Just beer
spoken to this morning, has to &c
to the Chesterfield Court on the
1915 train. Mr.. Page has beer
summoned away and it will be nee
essary to 60 into the case with ont
of the prisoners counsel, and ont
least familiar with these questions
| therefore respectfully ask YOU
Honor to delay it to such a day as
to afford the accused time to pre-
sent his side of the case before
you"
THE PROSECUTING ATTORNEY.
When Mr.. Cabell concluded Mr.
Edgar Allan arose and said: BE
fore responding to the motion jus
submitted, desire to submit som'
remarks personal to myself and ex
planatory of my appearance in thu
attitude of public prosecutor. The
warrant in the case shows upon it'
face that the pending prosecution
grows out of another criminal cause
which has created great interest il
this community, and in which Othe
than the regular officer of the Com
monwealth appeared as counsel TO
the people. Owing to that fact
perhaps, the Commonwealth would
have been represented by the same
able counsel who so faithfully rep
sented her interest in the prosecu
ton of the case OF the Common
wealth against Cluverius.
But there are circumstances un
derstand in connection with thi
prosecution which render it at leas
improper and perhaps impossibl
that that gentleman (Mr. Meredith
should appear in the same positio
that he did in the one to which
have referred. The same caus
which prevented Mr.. Witt from al
pearing in the case of Cluveriu
may possible in this investigatio
arise here, and In order to
AVOID ANY EMBARRASSMENT
in the development of that case h
has very properly requested to b
excused in this also, and asked tn
Judge Of the Hastings Court t
request some other attorney to al
pear from the commencement of tn
prosecution. Acting upon the II
quest of the Attorney for the Con
wealth, Judge Atkins apple
to me and asked me if l would TAX
charge of the case.
Viewing it from the very natur
OF the charge, in the light of one {
those cases where the Common
wealth has q right to require an
almost demand the services of al
other attorney, do not hesitate
accede to the request which ha
been made. and it is under thes
circumstances that appear as til
representative Of the Common
wealth in this prosecution.
OPPOSING THE MOTION.
In responding TO the motion thi
has been made and the reasons a
signed, l desire to say that in an
ordinary criminal prosecution
was my rule through thirteen yea
in which / held the official positiC
as attorney for the CommOnwealt
to allow any reasonable delay il b
accused could give sufficient re
sons for such delay. He was wi
ING for counsel for the prisoner
give their reasons to the court wit
ont telling him and that the cOu
should pass upon the question
to whether any injustice would
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