The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-19

Is the virgins Law nepugnant to thu

led sta.ss Con,,iiubohf
Judge Wickham. OF the Henrico County
Court met counsel In the SmitDer's pre-
clnct cases at IL o'clock yesterday at the
Court OF Appeals courtroom en- Eleventh
street, prepared TO hear argument by
consent on the legal questions involved.
"A \. Guigon, Esq. represented the pro-
secution. and Messrs. Meredith, Has
kins. Martin, and Pendleton represented
the defendants. These gentlemen outlined
their defence as follows:
LIST. A motion to quash the veniTe
which summoned the grand Jury, on the
ground that the Virginia law on that
subject is repugnant to the Constitution
of the United States.
The substance Of this motion is that
the nth amendment to the Constitution
of the United States forbids the States
TO deprive any person Of life. liberty. or
property, without due process of law.
The counsel for the accused say that
when this amendment became part Of the
Constitution grand jury consisted Of
twenty-four men. and they say 1t for
bids the States TO make the grand jury
consist Of less number.
%. 4 motion 10 quash the indictment
on the grounds given In their pleas.
Sd. Plea in abatement to the indictment
alleging the disqualification Of Mr.. A. Il.
Sheppard as a grand juror. first as a
member Of the Board OF Supervisors who
voted for the special appropriation Of
500 to employ counsel 10 prosecute cleo
ton frauds in the county; and, second,
as being connected by marriage with Mr..
Guigon special prosecuting attorney in
these cases.
4th Plea in abatement 10 the Indictment
alleging the improper composition Of the
grand jury in three particuars-(a) the
failure TO require n grand juror to be
sworn in the place Of Mr.. Deitrick. who
was absent from one Of the sessions OF
the grand jury; (b) the act Of the Court
In allowing Mr.. Deitrlck 20 resume his
place on the grand jury at its next SEES
| sion. (c) the failure Of the Court e
swear in grand juror In the place OF
| Mr. Fourourean. who was absent on the
| dav Of the finding OF the Indictment in
question. but whose place as foreman was
| filed by swearing AS such another mem
Der Of the grand jury, Mr.. William NJ
| McGruder.
! 9Th. General demurrer TO the indictment
as q whole, and 10 each count thereof
! separately
Nr. Guigon stated that. in view OF the
varied character Of the defence outlined
the alarming array Of counsel and au
| thorites produced, and the fact that unti
! that moment no intimatiOn had been
given to the Commonwealth OF the pro
posed pleadings, he thought it would no
be proper for him to go into an arsu
ment without at least time 10 read Owe
the pleas filed and to prepare propel
defence TO them, and suggested that TN
matter be allowed TO go over until som'
! dav next week Counsel for the accused
however stated to the Court that thei
engagements in other courts would pre-
vent their attendance at any later da!
until the day set for the hearing whicl
is next Friday. the 18th instant and 81
Judge Wickham postponed further con
sideration of the questions involved unit
that day.
If the attorneys for the defence sue
coed in establishing their position tina
the present grand jury. laws are repus
nant TO the United States Constitution
the consequences will be far-reaching, In
deed. as every conviction obtained unde
indictments found by such a grand jur
might be unsettled.