Evening star., 1894-03-07
The Manassas Court Again Pro-
tected by Military.
STUBBORN FIGHT FCR TEE DEFENSE
A Number of Motions OyerruIed
by the Court.
FEELING OF THE PEOPLE
Special Dispatch to The Evening Star

! MANASSAS. Va, March Manassas N
once more in a state Of pent-up excitement
since early morning crowds OF people from
all over the county, from other counties and
from Washington and Alexandria have been
gathering. 1t is a crowd made up of white
men and colored men OF all ages the for
mer of a class plainly showing that II a bold
leader suggested lynching all would partic.-
pate. Because of an error in ruling made
by Judge Lipscomb at the beginning of the
former trial the negro, Ben White had been
granted new trial. and this is the day set
Tor hearing. White. II will be remembered
was tried. convicted and sentenced to death
pS the court for criminaly assaulting Mrs
Elliott at her home, about two miles from
TINS place, on the night of January II last
| 6e,; % tne lltne he was in company with Jim
I1oplhson, who had been declared guilty of
| slmllar crime against Mrs Hefrin a
MlooW ana the sister-in-law of Mrs Elliott
Juuse Llpscomb. on February IL, sentenced
DON men TO be hanged on March 80
| since the trial the prisoners have bean
confined in the Alexandria Jail
me reason Tor granting the new trial was
an unusual one. Under the law White had
the right to elect to be tried i'm either fhe
county or circuit courts. He chose on Feb
ruary ., the latter. The Judge however.
n1,os,i IeeeiSe9 information that the law in
question mad been Repealed, and therefore,
cOnpelleu the accused to 20 TO trial in the
eouhy court In fact the law was not re-
the point was raised
On learning of this Judge Lpscomb. OF
ms own Volltion, Immediately ordered a
new new srlaI The announcement was not re-
| celFed with favor by the vengeful ana
angry residents OF the county.
Bright and early this morning the Alex
andrla Light Infantry marched TO the jsil
/ IN that city and escorted Deputy SbertfT
VIM NJ LongweIl and the prisoners 70 tba
depot where all boarded two cars in wait
ing. ing. When the Lynchburg local train from
w asIInston rolled IN the cars were attach
ed, and on reaching Manassas were side
tracked. Capt. Mushbach had eighty-one
men under his command, every member Of
the company, except one, sick in bed, being
out They were attired in regular uni
forms, oNercoats and leggins, with loaded
rifles, and bayonets fixed. Scores Of per-
sons We're at the station and also lined the
railroad track, and peered from doorwavs
and windows OF houses as the train slowed
| up at Manassas at 3 O'clock The militia
disembarked and formed company front.
Rlsht forward fours right. march,"
! commanded Capt. Mushbach, and guarding
the two trembling wretches with down.
| cast eyes. the march 10 jail was begun A
surginS mass surrounded the small parade
| on the way, but no violence was attempted
The Court Room Packed.
BY this time the court room was packed.
every inch Of standing room being occupied.
even the window sills and the stoves A
platoon of militia separated the spectators
from the lar.
1t was a few minutes before ii o'clock
when Judge Lipscomb took his seat and
said: Bring the prisoner White" Under
strong guard the cowed and handcuffed
negro entered the room and took seat
beside his counsel Throughout the day ne
did not raise his eyes from the floor While
waiting for the prisoner 10 come in a dog
in the hallway below suddenly uttered a
| howl Every one started. thinking prob
ably an effort was being made TO harm
White. The sound, however was recognize
! 81 a he eff SsalsS lsal
In opening the proceedings Mr. Robert
r. Campbell, one Of Whites counsel made
motion that if allowed would release
White, and thereby have much to do with
an attempt at least to lynch him.
Fighting for the Prisoners Life.
Mr.. Campbell in opening said that this
| was not a very pleasant case to appear in.
1t was fight not for acquittal, but for the
life OF a person under age.
Then he made motion to quash the in
dictment because. he claimed, the county
court had no jurisdiction. According TO Mr.
Campbell the case against White is really
now pending i'm the circuit court.
Commonwealth's Attorneys Thornton and
Jeffries argued that this entirely
new case from the one begun February -
the prisoner having been rendicted 10y an
other grand jury. Judge Lipscomb over
ruled the motion and an exception Was
noted
Next Mr.. Campbell moved for a change Of
venue 10 Alexandria or any other county.
on the ground that the feeling in Prince
William county was such that IL would lie
improper to try White here. adding that
a affairs looked very bad when IL became
necessary TO call out the militia to protect
a man. He claimed that il would he alb
solutely impossible to secure an unbiased
jury.
Thereupon a scene Of pandemonium en-
sued Each Of the four lawyers at the
same time began talking and gesuculauns.
ne1
though If would be necessary TO call IN the
militia to restore order
Finally quiet was restored. and Attorney
Campbell asked for jury from another
county.
During Iun in the application Of sar-
Casm 10y counsel to each other IL was
agreed to call Witnesses in an endeavor 10
show whether or not feeling against White
existed in the county.
Capt. Mushbach testified that he had
heard general rumors that mob violence
would be attempted. and Commonwealth
Attorney Thornton stated that everybody
had heard that II the prisoners should be
acquitted Judge Lipscomb would be hanged
and counsel skinned alive
LAWYER Campbell was then sworn. He
stated that he believed that popular opin-
ion would be satisfied with verdict OF
twenty years in the penitentiary instead
of one Of death. The witness made several
other statements. but owing 20 the rapid
fire Of personalities INDUCED IN by every
body in the case the spectators were kept
laughing continually. snd 81 was impos-
sih'a to follow the testimony.
BurIcsquc Rather Than Tragedy.
In fact, the proceedings up 20 this roint
resembled burlesque trial at a minstrel
entertainment rather than the real article.
What the opinion Of individuals had 10 do
with the law in the case was not apparent.
Several other residents OF the county tes-
titled 70 general rumor and several sharp
retorts between the court and counsel Tor
the defense followed in connection with the
question as TO whether or not White should
take the stand and give his opinion In re-
gard to having "A fair trial
The point was settled by removing the
prisoner from the room in order TO take his
affidavit.
II was now nearly . o'clock. and prac-
ticallv no progress had been made toward
a settlement % the case. IL VIII lie impOs-
sible 70 conclude the matter before tomOr
row at the earliest