The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-14

John Smith mas been granted new
trial. The motion was argued before
Judge Robertson yesterday and the coun-
sci for the defense submitted three rea-
Sons why new trial should be granted.
The first and chief reason and the one
on which the trial was granted was
that the venire facias was irregularly
served. 1t seems that the whole thing
was irregular and some of the jury on
the case have not been here long enough
to be citizens.
Tho scene in the court room was very
much the same as during the trial, it
being filled TO its utmost capacity with
people waiting to hear whether the man
would be sentenced or whether he
would be given another chance to
provo his innocence. The Unfortunate
wife sat at the bar with her infant in
hor arms, the picture of despair. 1t
was some time before Sergeant Trayn-
ham entered with the condemned man.
In spite OF his shaven face and clean
white collar he had worn and detected
look and was q typical picture of
sullen criminal. During the short in
terval before the argument commenced
he sat gazing in tho faces of the anx-
countenanco in which he could repose
some hope.
Mr.. Phlegar addressed the court on
the motion made by the defense for a
new trial, and introduced three reasons
why the verdict should be set aside. Mr..
Phlcgar claimed that on Monday evon-
ing he applied for list of the venire
At that time the papers seemed all
right, but since then they have been
changed, marked and other names sub
sttuted. His understanding was that
the jury were summoned before the We
nire facias had been issued by the clerk.
Judge Robertson said that the second
list of jurors was made up after thew
had been summoned. Since the list
had been changed by the sergeant in
made out. The sergeant obeyed and
empanneled the jury according to- in
Structions.
Mr.. Phlegar, in arguing his third rea-
son, said that one of the jurors, Mr.. j.
G. Harris, had, in talking of the case
previous to the trial, said he had been
summoned on the trial, but expec led to
get off, as he had formed an opinion.
Mr.. Harris was asked at the time
what his opinion was, and replied that
he was in favor of hanging the id
rascal. Mr.. Phlegar said no had been
informed that Mr.. Kennerly, another of
the jurors, had said the Same thing.
Deputy Sergeant Wright testified that
he had made the changes in the venire,
substituting the name of S. H. Cheatam
in tho place of j. w. Boswell, who was
sick; w. S. Thompson in tho place of.
II. l.. Haislip, and summoned r. w.
Byrd in the place of V. II. Payne, who
could not be found
Two other changes were made in the
courtroom on the morning of tho trial.
Sergeant Traynham testified that the
venire list was given him on the morn
ing the trial began and he summoned
them before Captain Berkeley mado his
motion to quash the Indictment. He
thought tho list had been signed by the
clerk
J. S. Pattie and S. S. Shafer testified
that they heard Mr.. Harris express
himself that he had his mind made up
in tho Smith case before the trial came
up and after he had been summoned on
the jury. They thought at the time
that ne was expressing himself that he
might be excused from serving on the
jury.
Mrs. Holland, mother Of Smiths wife,
testified that one of the Jurors, j. B.
Kennerly, came to her house two
months ago to put up rental notice.
Seeing Mrs. Smith, he asked if she was
the wife Of John Smith who murdered
Peter Ailiff, and said her husband would
certainly be hanged. Judge Robertson
said it was useless to proceed further
with the investigation, and set aside
the verdict on the ground that the jury
was not regularity summoned.
sigh of relief escaped from Smith
and a color of hope frightened his coun-
tenance. His careworn wife frightened
up at this, and seemed to take fresh
hope. The prisoner was taken to the
station house followed by his faithful
wife, who remained by his side all day
in spite of the sickening stencil Of tho
filthy cells. At 5 o'clock tho prisoner
was led handcufed from his cell in
charge of Deputy Folks, who took him
to the depot, where they took the train
for Lynchburg. His wife accompanied
him to the train and their parting was
affecting.
Judge Robertson set the Sth Of Feb
ruary as the day for the new trial
Sherman's Election Announced.
COLUMBUS, o., Jan. 13.-[Speciall-
The two houses met in joint session to-
day and announced the election of John