Evening star., 1894-02-09
TRIAL POSTPONE
Ben Whites Case Goes Over Until
Monday.
his COUNSEL PLEADS INDISPOSlHION
Decrease in the Excitement at
Manassas.
SCENES IN COURT TODAY

SCENES IN COURT TO-DAY
Special Dispatch to The Evening Star.
MANASSAS. Va, Feb. 9.-The conviction
Of Robinson yesterday afternoon percep-
tibly decreased the excitement here. and.
except for the presence OF the military.
Manassas gave no outward indication Of
the feeling aroused by the dastardly crime
OF the two young negroes.
Immediately after the adjournment Of
the court for the day. Robinson and White
were escorted by the soldiers to the Cannon
Hotel. and kept there in an upper room
under a strong guard during the night.
1t was first supposed that the prisoners
would be placed in the little brick Jail here
for the night, but 1t was subsequently
thought best to take them to the hotel.
great crowd followed the prisoners and
their escort to the hotel, but not the
slightest movement against the thoroughly
frightened wretches was made, and when
the hotel was reached and the negroes
hurried to their rooms the crowd quietly
dispersed.
While general satisfaction was expressed
over the prompt conviction Of Robinson,
mad come In from the surrounding coun-
try, intimated that the state and county
should be spared the expense of keeping
the prisoners for the few months between
this and their legal execution. by stretching
the necks Of both Immediately upon the
conclusion Of Whites trial. which 1t is be-
lieved will be finished before sundown to-
day. No such summary execution OF the
men Is seriously anticipated, however, for
no one doubts the ability or intention OF
Capt. Mushbach to protect his charges, and
1t is understood that Immediately upon the
conclusion Of the trial Of White today the
prisoners will leave for Alexandria on the
first train pulling out of here. No one needs
to be told that neither Capt. Mushbach nor
his men relish the duty assigned them by
the governor, but nevertheless officers and
men have performed their duty with such
| solderly bearing and promptness as to
receive the unstinted admiration OF every
one, even Of those who regarded their COM
ing here a reflection upon the law-abiding
people Of the town and county.
Nevertheless. 1t is not doubted that the
governor did wise thing in giving Sheriff
Leachnan the requested assistance OF the
militia, for II Is more than probable that
had he not done 50 Robinson and White
would long before this have solved the great
mystery.
White Breaks Down. (.
| While the prompt conviction Of Robinson
and the fixing OF his punishment at death
| seemingly had little effect upon him. it did
have most distressing effect on White
Shortly after the prisoners reached the hotel
last evening White was visited by his wife
mother and mother-in-law, when he broke
down completely. The women vainly en-
deavored to console him. and parted with
him by urging him to prepare for
the worst. Whites despondency visibly af-
| fected Robinson, who wept during the in
terview between White and his family.
Under the laws Of Virginia the jury, even
after finding prisoner guilty Of rape. can
in their discretion fix the punishment at
death or at Imprisonment for not less than
| ten years or more than twenty. White was
| told that. but he declared that he knew he
| would receive the same punishment as
Robinson. Shortly after they had eaten
their supper, the prisoners securely ironed
together threw themselves down upon
mattress, and, drawing a blanket over
tinued almost unbroken until after day.
| break this morning. During the entire
night an armed guard of five soldiers, re-
lieved every two hours, protected them.
This morning the prisoners were some-
what more composed than yesterday, and
after enjoying a good breakfast were es-
corted over to the jail. preliminary to the
trial Of White.
| Dclay In :" mites
The trial was delayed an hour or SO by
the absence of his counsel. Mr.. R. R. Camp
bell Of Fauquier county. Before Mr. Camp
bells arrival the prisoner was arraigned,
pleading not guilty. of course to the in
dictment, which charged him with having
criminally assaulted Mrs. Elliot, the
younger OF the two outraged women. The
court room was early crowded by a great
throng Of men and boys. white and black.
| a great many of them being strangers,
who had come yesterday and today from
| the adjoining country, pressing hard
against the files of soldiers. who. yester-
day, stood with fixed bayonets between the
covering prisoner and the crowd.
When Mr. Campbell at length appeared
he took his client under guard to an ad-
joining room for consultation. The result
of the conference was that Mr.. Campbell
| moved for a change of venue, submitting
an affidavit of the prisoner in which the
unfortunate young man stated that owing
| TO the intense feeling i'm the county he be-
| lieved that he could not obtain a fair and
impartial trial here.
! Commonwealth's Attorney Thornton and
his associate. Mr.. J. =. Jeffries. the COM
monwealth's attorney of Fauquier county
contended that the defendants unsupported
affidavit was not sufficient. and in turn they
read the affidavits of a dozen or more citi-
zens OF Prince William county. stating
| their belief that there was nothing 10 pre-
vent the prisoner from receiving a fair and
! impartial trial
/ MIR. Campbell asserted that Whites affi-
| davit and the well-known fact that brist-
ling bayonets and loaded guns alone stood
/ between his client and mob violence Were
| sufficient TO support the contention that
| there was a state of feeling in the commun-
! ity which made the securing of an Unbiased
and uniniiuenced jury very doubtful mat
/ ter. He also again endeavored TO obtain a
| continuance of the case until the next term
! of the court. explaining that he had d num-
Der of witnesses which he could not sum-
! mon in time for hea ring Of the case this
! term.
/ Judge 1.pscomb promptly oyerruled the
motion for a change of venue, and inquired
! of Mr.. Campbell the names and addresses
| of his witnesses.
THAT | respectfully decline to do your
honor" replied Mr.. Campbell.
Then. sir answered the judge. Il also
over-ule the motion for a continuance"
80 which ruling / note an exception" ex-
I claimed Mr.. Campbell. .and now, your hon.
| OF, beg TO withdraw from the case"
Very we'll, sir" responded the court
while the crowd looked in astonishment
land the court assigns Messrs Sinclair and
AZ