The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
THE SMITHERS FRAUDS.
,yRDYCT or TEN DOLLARS FINE
AND ONE DAT IN JAIL.
.w.s In Accordance with the Request
cfCspt. GuiCop. the Special Counsel
for tho Commonwealth.

for tho commonwealth.
-se famous Smlthers precinct elect IN
s...i case was brought up at Henrco
.-,r court yesterday morning at II
.l..k quite a large crowd OF spectators
..sre on hand. and interest was man
,...ei ou al sides.
.-.rt $. Il. Guigon. special counsel for
ne monwealth. occupied a seat VITA
q. Oh, FALLING. and col. Meade HasKins
an NsssrS. G. Y. Meredith. Mnec Martin.
an! E3mund Pcndleton. counsel for the
s,fa.e. as well as the prisoners. Mcssrs.
rr, Hoilcran. William Wilson. b. T.
..lr w. L. Wocdson. and Il. W.
sr..-. who are charged IN three coun-s
eh having committed frauds against
g.. election laws. occupied conspicuous
places .u the courtroom
some delay was made by a conference
nrtnc.0 thc Witnesses and counsel for
ts teucc and 10 was u o'clock when
b. 20 eot down 90 actual work.
Whom asked by Judge Wicl ham II they
acre ready Co proceed with the case. AR
Meredith. representing the defence. an
sNf.0. IN the Affirmative. and requested
tae ..erA 90 enter a plea Of not guilty"
..e .iy were duly sworn They were c.
% raesN. =. NJ. Ryan. r. ii. Nelson.
John Lamb G.. smell. John -. Tner. Her
ual iailweyer. H. W. Blackburn. ". r.
erson. John VI. King. Ben. Browning
ana Fred. HCmminger.
TWO WITNESSES ONLY.
Clerk $ Z. Waddnl was put on the wit
re>s-s'ond. and testified TO genuincness OF
t.e POLLOCK OF Smithers precinct
NJ John T.. Epps, whose name was
among those recorded as voting at
Sn.-aers precinct. was then put in the
cd. IN ff..r..
e1n he said he did not live In Smithers
B.. net and did not vote at the last
election.
cATTAIS GrIGON's SPEECH.
81 the conclusion Of Mr. Epes' cxani-
patton. Mr. Guigon addressed the Jury
as follows.
"At 'tis point. gentlemen Of the jury.
a. Vf.ut continuing further the tX-
animation n Witnesses. l ask at your
laras verdict Of guilty. and | suggest
t..t y.u assess fine Of ten dollars
el. AGAINST these prisoners and ascer-
tl.. tle GERM OF their confinement at
one lay H .all each. / make tins sug-
as~tOu upon the assurance OF COINS 4
for t.e def nee that they will asquiesce
ic tl.s result. desiring. as they DO. to
the an appeal only on the legal ques-
% have considered this matter very
earnestly and. l confess. with some
rls-l'.nts. as - the proper course for
me 60 pursue. but l have come TO the
uStou mat the course ! have inGi-
Gated IS right. Should this examina-
t"n proceed. vigorous and tedious
ana eNhduStlng contest would result. For
CONVICTION. twelve men must agree,
ans iu the event OF their disacroen nj
te county. with it's great attendant
cs's and inconveuiences to d very large
i--lieT ~ your citizens. and should a
verdict Doe finally reached. il m ght be-
H I
ask az your hands. There is no DISPOSE
non on the part of the Commonwealth,
or OF any OF IT'S officers 81 far as !
atn advised. 10 be harsh or revengeful, or
iI lnnlct severe or unusual penalties on
these defendants. But IL is a matter of
great importance that the majesty of the
laws should be maintained and that all
should know that such crimes will be
punished. and this. | believe, the verdict
] now ask Will accomplish.
The RHsPoNsIBuITY.
J appreciate fully the responsibility I
iAke IN asking mis- verdict at your
lands. responsibility but the greater
because Of the fact that ! represent the
DomnOnwealth IN this county in this
matter only and ! confess 10 a feeling
~ personal and professional disappoint-
Uent al this unexpected termination Of
what promised o. be most interest
ing contest but / am persuaded that
the interests OF the Commonwealth and
of the county are best subserved 10y the
verdict as suggested. irmly believe
ny course is right. and ] ask this
moderate verdict accordingly, If IL should
meet with the approval OF the Court"
me counsel for the defence COncurred In
me request and Mr.. Meredith I'm eXplana-
ION az why the counsel for the defence
lrered no objection L this plan, said
hat they had fought the case on technical
rounds. and that while they could con-
niue % contest the case on legal grounds.
hey would not dispute the right Of the
lrF 20 return verdict in accordance
lth the request Of the Commonwealth
Judge Wickham promptly stated that
De- verdict suggested would meet with
ae entire approval of the court
AK FOR Ns1nUcIIoNs.
After receiving the courts instruc- |
ions the jury retired and deliberatcd |
early half am hour before returning TO |
Do Courtroom. Foreman Palesh then |
wanted 10 ask question. He desired |
know whether that was the highest |
.laity that could be- imposed. and was |
8 That the maximum penalty was |
1e not exceeding 500 and imprson-
nent not exec -eliug twelve months in
De county JAIL The jury again retired /
aI upon returning the second time
f'er "a conference Of ten minutes the
-mau handed I'm the Indictment marked
I'VE. The jury. find the defendants
lty as charged in the third, fourth
r4 nth counts of this Indictment aud
secs tine OF so against each Of the
al defendants and ux their imprison-
.e.t ia tile county jain al one day each.
&C. O. PALESKI.
Foreman"
Judge Wickham ordered the clerk to
t,r the verdict on the records
colonel Meade Haskns then made
-mt motion 20 set aside the verdict
g teu. contrary to the law ana evi-
.r.. H the case and submitted the
ZION without argument
Mr g. s. Meredith also moved for
..rersiou OF Judgment and asked that
.. prisoners te allowed 10 renew their |
t,al which was granted. Messrs.
r Mitchell and ". II. Brauer acting
-.rtre-.
.tr .nIrct Of the defence is TO bring
.- ..-. o. the Circuit Court and argue
l. tl. law points involved. and with
a' .rI in view. notice OF appeal was
.a.
DEAIH ON CHICHEN>.