The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-27
Cumberland Park,
JUN From DANVILLE
WIN Have 10 Decide Whether VIM. T. Gnul
il GmiItN or Innorent

The case of the Commonwealth against
William T. Gaul, charged with being an
accessory in the killing Of Robert Lee
AtWell, on the night OF December -. 49,,
at the corner of Iwenty-eighth and DOCK
streets, was called in the Hastings Court
before Judge :. Is. witt, yesterday morn
ing soon after 10 o'clock. The accused
was present with his counsel. Messrs
Harry NJ. Smith, Jr. and Hill carter,
while the Commonwealth was, as in the
McNamee case. represented BY Messi s.
ID. G. Richardson and Marion l.. Dawson.
The accused was arTagned and pleaded
mot guilty" whereupon the two ve1res
Of Jurors of the November term were
called. Those of them who served as
jury in the McNamee trial were at once
excused, and the remainder proved to be
disqualified on account of opinions which
they lad formed prior TO the McNt.mee
trial. Of prejudice or of conscientious
scruples as 10 the infictiOn of capital
punishment.
Judge Witt stated that he would issue
a writ for the summOning Of "A tale of Il
hundred jurors. returnable to-day, when
Mr.. Carter suggested that in view Of the
difficulty Of securing a jury in this city,
il would be saving time TO 90 al once
to some other section of this State. Al
ter a short consultation between Judge
Witt and counsel Ii was decided TO Sc
cure the necessary jurors from the city
of DanVile. Judge Witt at once address
ed a communication TO Judge \. NJ. Aiken,
of the Corporation Court of Danville, eX-
pa lining the situation and requesting
him 10 direct the city Sergeant 10 fur
nish him with two venires OF jurors, for
ty in al, who will have to serve in this
case.
judge Witt explained afterwards that
he might have applied TO the proper
authorities in Petersburg or Norfolk,
but he feared that on account Of the
closer proximity to Richmond it would
be more difficult to secure a jury from
81 g.,
order To save time ana also expense TO
the state. 10 go at once 10 the more
distant city of Danville.
Mir. j. Claiborne Epps, Deputy city
Sergeant, left yesterday afternoon for
Danville with Judge Wits communica-
ton to Judge Aiken. After receiving from
the latter an order on the city Sergeant
that official will point out to him the
forty substantial citizens" asked for.
Mr.. Epps will at once return with the
jurors TO this city, and expects to reach
here this afternoon.
The expense caused to the State by
the facg that the jury has 10 be secured
from another city will be considerable
the jurors being entitled To mileage, the
payment of subsistence by the State
while engaged in the trial OF the case,
and the regular fee Of 81 per day:
Counsel OF defence in the McNamee
trial have withdrawn The motion for a
new trial, and McNamee WILL therefore,
serve his term C6 five years in the PEN
itentiary.
The case Of T.. \. Randolph, the color
ed lawyer who stands charged with mis-
appropratng money belonging TO Alex
ander Forester and his two sisters was
set for trial yesterday. on account of
the pending Gaul trial it was continued
until December 18th.
The following telegram was received al
The Times Office last night:
Danville, Va. Nov. 26, 1894.
VIII leave here with jurors in special
coach tomorrow, so a. NJ.