Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-07-17
MURDER In THE BOAT
THORNTON NAMES ARRAloNeo FOR
THE KILLING or HANNsoAN.
varioas Motions Of Pcstponemcnt Over.
ralsd-Somc sharp spass Between
Counsel on both ssdes--Adjournsd.
Especial telegram 70 Tho Dispasch.l


HAMPTON, Va, July i6.--At IL o'clock A.
n. to-day Judge Peek took his place and
The Sheriff made the usual proclamation.
Tho nrst thing done was 10 swear in Mr..
George wray a. deputy sheriff after
which Mr.. A. w. Lpecomb. an attorney
ttom Washington. qualified 10 practice law
n this court. Colonel Nelson. a prominent
attorney Of Indiana, q near relative OF Mr..
flanagan. was present and occupied
eat near the Commonwealth Attorney.
The first case called was that OF morn
ton J. HAines, charged with murder. ihe
witnesses for the Commonwealth were
found present and the State announced IT.
elf ready for trlal. When the defence was
called on Hon. John Goode arose and sara
be was compelled 70 ask for continuance
on account Of the sickness Of the prisoner.
Who. he stated, had for some DAYS been
suffering from heart trouble and some
other disorder. and il would be dangerous
Cor him to 60 into trial at this time. mr.
Gocde proceeded to read an affidavit from
Haines in support OF the motion.
THE PRISONER DROUGHT IN.
The Common weaith's Attorney suggested
that the prisoner be brought in, and after
some minutes no was brought IN by the
Sheriff. He was given seat near his coun-
oel and by his father. He looked quite
pale, sat very quietly. seemed TO have niue
10 saw, but paid close attention to what was
Soing on in his case. During tilt between
counsel at one time he smiled feebly.
The affidavit was then read, in when
HAines recited his bad physical condition.
On this motion the jsiler. Mr. IL. 9. Miller,
and DR.. j. II. Peek, the jail physician,
we're examined as to the sickness. Dr.
Peek thought that if ne went into trial ne
could tell very readily why he killed
flanagan and vigorous cross-examina-
Ton might delay his recovery a week or SO.
THE MOTION OPPOSED.
Mr.. Lipscomb. for the prosecution, Wig
Orously and earnestly opposed that motion.
and said it was only preliminaryto anotner
motion, IL this one was granted. linen
motion tor hail would be submitted. He
called attention to the flashing eyes and
healthy bloom on the cheek OF the prison.
Or and said he was perfectly able TO go
into the trial.
WANTED HIS ASSISTANCE.
Mr.. Shillington, of defence, asked that IT
be granted that they only desired that
the prisoner be in good health so that tneN
could get his assistance and so that he
could give in his testimony.
ovERRULED.
The Judge overruled the motion and
then Mr. Goode asked for the postpone
ment of the case for one week.
Mr.. Lipscomb also vigorously opposed
this motion and Mr.. Goode pitched into
MIR. Lipscomb, who gave him fully as good
IA he sent.
Mr.. Goode said the Commemorative At
torney had not opposed the motion, but
only by the attorney for private parties.
Mr.. lapscomb called attention TO MIR.
Goodies position in the celebrated Pitts
case.
Mr.. Montague said Mr.. Lipscomb voiced
his sentiments in opposing the motion,
aud he asked that the case be gone into ut
once.
The motion was overruled. A recess to
8 O'Clock was then taken.
ANOTHER EFFORT TO POSTPONE.
When the court reassembled all the wit
nesses for the defence were present except
one.
Mr.. Goode made q motion to continue
the case until next term based on an affi-
davit of the prisoner. which recited that
three material witnesses were absent. had
been searched for. but not found so far.
One would prove the position of Hanne-
CAMS body and the oar IN the boat: an
other the friendly relations existing be-
tween the young men. and the third was
said TO be an eyewitness of the affair.
PRISONER AT THE BAR"
The Commonwealth opposed the motion,
claiming that the defence have witnesses
here who can prove all that it is said would
be proven by the absentees. During the
argument Mr. Lipscomb referred to Haines
as the indicted murderer and Hannegan
as the murdered boy" Mr.. ShillIngton,
Of defence. called the attention Of the
Judge TO this fact, asking that it be not
allowed Mr.. Lipscomb agreed to say
prisoner ut the bar" if ii was more
pleasant to them.
The motion was overruled, and the court
adjourned till tomorrow at ~ A. Nj.