Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1894-10-05
WRIT OF ERROR IN THE GOODMAN CASE:

ARGUMENT FOR THE GRANTING OF A
: NEW TRIAL TO BE HEARD-ALLEGED
PREJUDICED JURORS.
Judge Mclaughlin, at Warm Springs,
last Thursday, read the petition for re-
hearing in the case of 7. A. Goodman, con-
victed il Allegheny, of the murder Of Col
H. C. Parsons. and granted writ
of error. This gives stay Of the
execution of the sentence of Goodman
eighteen years in the penitentiary-an
puts the case in the position for argument
to be heard on q motion to set the verdict.
aside. If Judge Mclaughlin S decision is
adverse to the applicants, an appeal will be
taken to the Supreme court, which will ne
cessitate another stay of the execution of the
sentence until that court can hear it. The
following affidayits were contained in the
petition:
County of Allegheny, State of Virginia-ss:
On this day came before me, Swepson j.
Brooks, justice of the peace for the county
and State aforesaid, George Long. and being
duly sworn, deposes and says: While at work
on bridge at the Sweet Chaly beate Springs
| heard ID. J. Callaghan talking tabout the
Goodman case, and heard him say. that he
/ (Goodman) would hang. That is all have
to say about it.
(Signed,) SwEPsoN j. BROOKS
Justice of the Peace
WHAT MIR. HUGHES SAID.
Virginia, Allegheny county-ss:
l, John L. Delaney. commissioner in chan
Gerry for the Circuit Court of the county afore-
said, in the State of Virginia, do hereby cert-
fly that A. l.. NOEL this day personally APP
peared before me in my said county. and
I made oath in due form of law that he is by
Occupation travelling salesman in the em-
ployment of Messrs Craddock, Terry & Co.,
of Lynchburg, Va, wholesale boot and shoe
merchants. That he has been residing in the
town Of Covington, since the 4th day of Jan
uary, 1894, on which day he moved to said
town with his family. That on the follow
ing Monday which was the 9th day of July,
he was in the store of J. Walker Hughes, at
Allegheny station, Va, and while there the
case of the Commonwealth VS.. Captain T. A.
Goodman, for the killing of Colonel Parsons,
was mentioned: that he remarked to said
Hughes that he thought it would be very diff
cult to secure jury in the county, and that
said Hughes replied that in his opinion, it
was very clear case, and that if he was put
on the jury to try said Goodman he would
!, swing him up and that he talked with him
about ten OF fifteen minutes about the case,
trying to reason with the said Hughes and
show him that he was wrong in his conclu-
sion that Goodman ought to hang, but that he
occio II far ha RI
Judge, bnt that when he ceased to talk with
him about the matter, his (said Hughes)
opinion remained unchanged.
Affiant said that he was confident that he
used the exact language Of Hughes; that
Hughes said in reply to him, when af1lant
said he thought it would be very difficult to
get jury in the county. 81 think it a very
plain case, and if l am put on the jury that
tries him, will swing him up Given under
my hand, this 18th day of September, 1894.
i (Signed) JOHN. L. DELANEY,
Commissioner in Chancery, Virginia.
MIR. GENTRY's AFFIDAVIT.
Allegheny county-ss:
&c B. Cushing, justice of the peace in
and for the county of Allegheny, in the State
of Virginia, hereby certify that Riley Gentry
personally appeared before me in my county
this day and made oath in due form OF law
that some time before the trial Of Thomas A.
Goodman for the killing of II. q. Parsons he
was on the porch of j. Walker Hughes.
and that said Hughes and d. j. Callaghan
were both presents that said ID. j. Callaghan
said that if he got on the jury that tried Good
man he would hang him high; that he had
had some trouble with Goodman abouta tick
ct on passenger train Of the Chesapeake and
Ohio Railway Company when coming from
Lynchburg to Clifton Forge, Goodman being
the conductor of the train at the time, and
that the said Hughes was with him on the
train, and that after they gotto Clifton Forge
they hunted for him (Goodman), but could
not find him; and if they had caught him he
and said HUGHES would have thrashed him.
Given under my hand this 21st day of Sep
TENDER, 1894.
(Sjgned). e. B. CUSHING, j. 2.
A correspondent of the Richmond Dis
patch, writing from Covington on Satur-
day, sends that paper the following:
j It is difficult to see how these things, if
true. can be gotten into the record, however,
and unless they are, how they can come pro
perly before the appellate. courts. AS gen
eral rule after-discovered evidence, unless it
, goes to the merits of the case, cannot be adj
mitted to change verdict. This is after-dis
covered evidence but does not 60 to the mer-
its of the case.
1t is we'll to remember, however, that the
men charged in the affidavits with being pre-
JUDGED, asserted in open court that they had
expressed opinions in the case, but that theii
opinions were merely hypothetical and would
not in any way interfere with their verdict
The defence meets with considerable difficulty
in the case, from the fact that several OF the
grounds claimed for a new trial are directly
contradicted by the prisoners own statement
on oath. The fourth instruction for the de
fence, which was rejected by the Court, and
is one of the bills of exception, directly con
tradicts the prisoners statement in its mos
I important particulars, presupposing sudden
and violent passion which the prisoner swore
he did not feel. 1t is most probable that the
! entire fight will be on the admission OF the