The times. [volume] (Richmond, Va.) 1890-1903, 1892-10-29

HEARING Ar TINE Police COURT
Ne 10 Held for the Grand jury on Two
Charges and 10 Bsiied IN che Sum Of
sio oo0-- Witnesses Examined.

killing Of John w Rice on Tuesda
night at the saloon Of his brother JON
NJ. Ryan. corner Of Linden and Car,
streets. was brought into the police cour
yesterday morning before Justice Crutch
field for examination.
Ryan took his seat beside his counsel
Messrs Harry NJ. Smith. c. V. Mere
dith and d. c. Richardson. lie appeared
very oolicitous ana nervous under the
gaze Of the crowd. which thronged the
courtroom. and in a few minutes buried
bis head In his hands and silently wept
for some minutes. Colonel spotswood,
attorney for the Commonwealth. was
present
There are two charges against James
Ryan. One for assaulting. striking and
Killing John W. Rice. and another for
aasaulting Robert l.. Rice with intent 70
XIII. The blackjack Is named in both
charges as the weapon employed.
Colonel Spotswood requested that the
cases be separated and conducted under
a different hearing. The counsel for the
defense at first objected. but finally con-
ceded the request. and the examination
was begun.
RICE on THE STAND.
Robert Rice was put on the witness
stand and told practically The same story
as was printed in The Times on Thurs
day, and as given at the corcners inquest
on Friday. He testified as TO the eject
ment OF Lewis Wade from the saloon
and Of the remonstrance by his brother
and himself lie stated that Ryan went
back into the saloon and witness thought
he was searching for a weapon.
In few minutes Ryan came out Of
the door with his coat off and began the
attack, excaiming with an oath as he
came, NOW ! am ready for you" tie
swOre positively as to seeing the black
Jack In Ryan's hands and saw him knock |
the deceased down with IT, He admit
ted that the deceased struck at Ryan /
twice with the cane. but that Ryan |
never used the stick, which ne obtained |
when Rice fell 10 the pavement. He |
testified that when his brother fell he
advanced TO help him and was then
struck by Ryan with the black jack
Ryan, he said, then went back into the
store. and after a few minutes witness
knocked on the window and Ryan came
TO the door Witness then asked Ryan
why he had struck them, and stated that
Ryan replied. with an oath, that he did
not care IL he killed them both Wifi
ness then said that his brother the de-
ceased, struck at Ryan over his shoulder,
but did not hit him.
THE COMseN EALTH EFsrs,
Colonel Spotswood here announced that
J
the commonwealth would rest its case
The counsel for the defense suggested
the presence Of other witnesses, and de-
sired TO know If they were not 10 be
called Colonel SpotswOOd objected TO
calling the witnesses, but stated that the
Justice could put them on II he desired,
announcing that he had an appointment
at the hastings court and that he would
not remain longer. Justice Crutchneld
remarked that he desired the presence Of
the commemorative attorney in all ex-
amlnations for felony. but Colonel Spots (
WOOD left the court. The Justice then 6
teephoned to Judge Witt at the hastings T
court and requested that he POSTPONE 6
such cases as required Colonel Spotswood
ana allow him to return to the police L.
court. This was done, and upon his re- 7
turn the case was proceeded with. Col 7
onel Spotswood stated that his objection s.
10 calling the other witnesses was based b
upon the fact that he did not desire
Them to be classed in the upper court as
witnesses for the Commonwealth l.
Justice Crutchfleld decided that in JUS n
Ice to the prisoner the other witnesses o,
Ihould be called =,
The CANE FITS THE WOUNDS '
DR.. J. M. Winfree the physician who II
vas called TO dress the wound on the
lead OF Robert l.. Rice was first called pl
fe removed the court plaster from the tf
Ut ana described 1t TO the Court. The VI
ane which was carried by Jonn W. M
ice was brought out, and the Doctor pl
'as asked II the wound could not have II
cen made by 1t. The sharp edge Of the as
liver handle on the cane was fitted to m
ne wound and the Doctor testified that
could have resulted from a blow from 70
AS Robert Rice had testified that both 81
ana his brother were struck by the ma
CT R..snf II. no
'ck, DIR. Taylor was called and asked he
the wounds found upon the body could to
ot have been made by the cane. He ex- te
aimed the wound on the dead mans
Fad, and stated that It could very rea-
'nabiy be supposed that 1t could have III
zen made by the stick, although both tn
lysicians stated that a blackjack such 54S
! Rice described might also have made by
milar wounds No blackjack, however,
As been found. The Ryans both posi- 1
vely deny the existence of such a thing pr
bout their premises, and none Of the Ri
her witnesses ever saw one during the IN
res
OTHER WITNESSES TESTIFY o.
Lewis Wade was put upon the stand nj
tesuhed as TO his being put out of the prc
loon by Ryan. He stated that he fell =
the pavement when elected. He heard
fuss going on around him, and saw a
van wrest the cane from John w. Rice.
John Smith Ford then took the witness
air and told very plain, straight =.
Org OF the affair in substance as fol-
VS.: He was in the saloon when the
ce brothers, Phil Parsley and Lewis
ade came in. After taking a drink
gether all Of them retired save Wade
the sidewalk. Wade had some words
tn negro named Frank Taylor. and
ter requesting him TO leave several
mes James Ryan took him by the arm
q leading him TO the door pushed him n
on the sidewalk. He heard voices at
door, and heard some one of them e
Y, That's not the way to treat man a
er you sell him drinks" He then saw
ne one strike at Ryan with q cane
an then took off his coat and threw
on chair and went out on the side
TX In few minutes he came back
o the house with the stick in hts hand
4 shut the door. After a few minutes
opened the door and threw the cane %
F. He saw that Ryan was bleeding Il
m cut behind the ear. After the W
sc OF a few minutes some one knocked
the window and Ryan opened the
II. AS he did so some ons struck at
with the cane. Ryan lodged and -
blow struck his little brother. Frank 4
, mad come in from a room beyond \
store and saloon. Ryan shut the IL
r and the crowd departed
= II. Ciarkson was sworn and stated On