Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-12-07
THE LATE TRAGEDY.
THE MILLER BOYS TAKEN FROM
LYNCHBURG TO LEXINGTON.
The Matter of Councij-The Case Post
poned Until tho January Term
Other Notes.
Special telegram to the Dispatch

LEXINGTON, Va. December 6.-After n
long consultation as to an agreement upon
fees between Messrs. Thomas ~ Williams,
Of Lynchburg. Edmund Pendleton and
L. l.. Glasgow. of Lexington, James,
George. and William Miller. the prisoners
brought here last night from Lynchburg
charged as principals in the Brownsburg
homicide. and Robert Miller and his sister,
brother and sister of the prisoners, the
matter OF compensation 20 counsel for de-
fence was finally settled at 1880 this morn
ing.
The prisoners. including John Reese
who is to be defended under the terms Of
the agreement alike and with the Miller
bOys-came into the County Court in
charge Of the Sheriff Judge W. 7. Hous-
ton. presiding-with Messrs. Pendleton
and Glasgow. of Lexington, and Williams,
of Lynchburg, as counsel.
When the court was called TO order Colo
mel PendletOn arose and said that within
the last fifteen minutes he and his COL
leagues-Messrs. Williams and Glasgow
had been retained as counsel for the de-
fence of the prisoners at the bar. and as
they had had no time to prepare for the
defence, to examine their witnesses, and
look into other important matters
bearing on the case that il would
be impossible for them to go into
trial at this term of the court. That he
did not believe the Court had anticipated
that the trial conld come up at this court
or that the Commonwealth was ready for
the prosecution, and he therefore moved
that the case be continued until the next
term, when the prisoners would elect in
which court thew would be tried when 1t
would be possible for the defence TO stand
ready for trial. Commonwealth -Attor-
ney Moore responded. and SAID he would
sustain the defence in the motion. The
Court entertained this motion and
postponed the case TO the second day
Of the January term when the prisoners
will be arraigned and elect in which court
they will stand trial whether separately
or collectively as indicted. His Honor
stated that David Miller was in the hands
of the Sheriff at Brownshurg, but that his
physician had reported his case of such a
nature as to prevent his being brought into
court. These formal proceedings occupied
only a few minutes and the matter was
over before the people had time to gather
to see the prisoners, only few persons
being present.
A CONSULTATION.
The prisoners went from the court to the
law-ofhce of L. I. Glasgow under charge
of the Sheriff. where q consultation with
counsel was had after which they were
AhhNu iA'h W ltils bhtAhE iiit NN'RAANi
of the court the Commonwealth Attorney
and the counsel for the defence will pre-
pare for trial. and IL will be then decided
by the Court whether or not venire viii
be summoned from this county or one
drawn from some other section. The de-
fence may ask that the trial be
transferred TO another court outside
of the county, but this IS doubtful,
as It seems plain that there ex-
q Al
be apt 10 iniure the case Of the prisoners.
II is more than likely that the trial will
take place here, but j. IS doubtful il jury
can be secured in Rockbridge. Yet some
think otherwise. In either event II would
seem best % hold the trial here and save
to the Commonwealth heavy expenses for
the transportation of witnesses, which
would be necessary if the trial was held
elsewhere, provided it can be done IN the
best and every interest of the accused. The
prisoners will. it is thought, be kept here
and not taken back to Lynchburg, as all
danger of mob-violeuce seems TO have
passed and the people want the law to take
its free course and justice be done the
prisoners.
LOOKING WELL.
The prisoners are all looking well, but
present care-worn expression that be-
tokens a deep anxiety as to the outcome Of
their cases. and no doubt they are not Mt
all at their ease since their return 10 Rock
bridge. jim especially seems anxious and
uneasy. and evidently fears violence. The
retention by the defence Of Messrs. Pen
dleton. Williams. and Glasgow shows II
wise judgment on the part of the prisoners
10 secure the very best talent in criminal
practice al the Virginia bar. Colonel Pen
dleton enjoys a State reputation as jurst
deeply learned in the law. Mr.. Williams
enjoys an cuviahle reputation as a sue
cpssful criminal lawyer, and has no supe-
nor in the South. while Mr.. Glasgow. who
is very young man, Is fast making his
mark as n criminal lawyer Of large capacity.
The defence is strong team, and their
fight will form bright page in Virginia 5
criminal practice.