Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-03-15
WILL BE TRIED IN PETERSBURG.
A Change of Venue in the Case of Walter
Johnson-Judge Hancock's Opinion.

Judge hancoch OPthAOh'
Especial telegram TO the Dispatch.l
PETERsBURG, Va, March 14.-Walter
johnson. the negro who is charged with
an infamous assault upon lady OF Motto
way, was taken up to the county court
house under guard OF the Petersburg
Grays this morning for trial in the Circuit
Court, The prisoner was under the lmme-
date charge of Sheriff Power, was hand
cuffed, and placed in the middle OF the
coach occupied by the Grays with soldiers
all around him. Quito large crowd was
at Nottoway station when the train ar
rived, but everything was orderly and the
prisoner was quietly marched to the court
house. Upon the case being called the
prisoner moved the Court to change the
venue for his trial to the Circuit Court of
the city of Petersburg.
THE JUDGES OPINION.
Judge B. A. Hancock in granting the mo-
ton SAID Under the Constitution and
laws of this State every man charged with
crime. of whatever grade, is entitled to a
fair trial by an unprejudiced Judge and
by an impartial jury. He is further entl-
tied to be tried at place where he can
make his defence without fear of any per-
sonal violence during the trial. / am of
opinion that place where 1t Is necessary
to invoke the aid of the military TO pre-
vent the lynching Of the accused IS not the
proper place for his trial.
NOT CONTEMPLATED BIZ LAW.
SOLDIERS IN courtroom 10 prevent the
escape or the rescue of q prisoner may be
justlfiable. but their presence TO protect
him from personal violence during his trial
was never contemplated by law. Where
such violence is anticipated there is a wise
provision in our system of Jurisprudence
which authorizes the Court to change the
place of trial to q locality where there is no
prejudice against him, and where there is
no danger of violence to his person. The
Sheriff has informed the Court that to pre-
vent the lynching of the prisoner he has
been forced to call the military TO his as
sistance, and soldiers are now IN the court
| room for the protection of the prisoner.
am, therefore, convinced that the motor
| of the prisoner should be granted as en-
powered by section 4036 of the Code.
THE VENUE CHANGED.
II direct the venue for the trial to b,
| changed and order that Walter johnson
| be tried in the Circuit Court of Peters
burg. While the prisoner is entitled to
| fair and impartial trial in q safe and suita
| bic place. on the other hand the Common
wealth, in the interest OF Justice, is en-
| titled to q speedy trial. l have theretor
appointed special term of the Circui
| Court of the city of Petersburg to begil
on April /, 1891. for the trial of this CASE
BROUGHT BACK.
The motion for change OF venue wa
made for the prisoner by Mr.. Southall
who announced he would not further ap
pear in the case. The Commonwealth
Gttorney readily assented to the change n
guaranteeing fair and unprejudiced trial
1 After the proceedings in court johnson
was brought back to Petersburg in charg
of Sheriff Powell and the military AM
/ lodged in his old cell in the jail.
ASSERTS BIS INNOCENCE.
He is cheerful and laxative and assert
his innocence and denies having eve
made any confession. There Is great in
dignation against him in the county, e1
listing as much among the colored as anon
the white people.
THE PosrAL's FIGHT.
The commissioners to assess damage
for the right-of-way for the Postal Tele
graph Company along the Norfolk an
Western railroad in Prince George count
adjourned to-day until the 1st Of Apri
The yoluminous evidence taken before tn
commissioners will be typewritten an
ready by the time of the next meeting.