Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-09
VERDICT SET ASIDE.
TOM KELLY, THE NOTED HoRSE-THlEF
GRANTED A NEW TRIAL.
A uo.t Extraordinary observation-disclosures
ton Among the witnesses aud People
OF King GEORGE County.

CONFORM. KING GEORGE COUNTY.
VA. October s-tSpecial.)-The october
form of the King George County Court.
which adjourned Saturday was not with
out peculiar interest to the public. Tom
Kelly alias Louis Scale. who In February
or March. 1873. stole from Mrs. cardosias
stable. I'm Hanover county. horse be
longing TO Mr. Junius Mosby. OF Rich
mond CITY. was tried In this court for
obtaining from sir. W. y. Helm here
n horse and a certain sum OF money by
fa'se. uretencFs.. II will be remembered
that the horse stolen from the Hanover
stables was brought Immediately here
and traded to Mr.. Helm. the latter
e,v;nr boot In the transaction, and that
very soon thereafter the animal was
Identified as Mr. Mosby's property AMI
promptly turned over to It's lawful owner
leaving Mr.. Helm minus a horse and
the amount he paid as boot. In the trial
inst closed II was proved that the
prisonor at the bar was the man who
thus obtained Helms horse and promls-
sorry note. and the jury found verdict
of guilty.. anu HNFl Asit i'iai''A'-'r ''N
six wears in the peuitentiary. But Judge
- II Ashton set this verdict aside.
granted the prisoner a new trial and
re,nanded him to jail until the next
tc,m OF the County Court when sail
new trial is to take place. TINS caused
not only great surprise. but almost VIA
excitement among the whole people,
many of whom are Indignant at the
Judges action in the case.
INDIGNANT WITNESSES.
When the sheriff under the Courts IN
s.ructlors went on the green and sum
named the witnesses In the case u 20
before the Judge and be recognized 70
annear at the November term of the
crnrt against the horse thief. these in
dienant witnesses refused to obey such
summons. and declared that they would
nav naes or stand any punishment be
fore they would again appear IN inc
case and have their testimony ignore !.
"a they considered it had been by the
Court The Jurors who brought in a
verdict according to the law and cvi-
dence as II appeared 10 them. are CON
demniug the Judges decision IN I'M
measured terms. and constrHe IL as an
omen reflection on their Intelligence ana
Integrity. 80 intense IS the feeling caused
hy the setting aside Of the jury Verdi't
that Mr.. HELM ana otn'IH oi WV Nit-
ncsses against the man Of several al'ase5
declare tina; they viii not under any cir
cumstanccs testify again in the ease h"-
fore the same court. without commenting
hero on the merits Of the case. II may be
safely stated that no decision In oar
County Court has ever excited such gen
eral public comment or caused more - IL
eral dissatisfaction among the people than
that which set aside the Jury's verdict
I'm the case of the Commonwealth against
Tom Kelly.
CASE CONTINUED.
Sam Moore. one of the negroes who
was last spring convicted OF robbing ana
cruelty beating Mr.. oscar Johnson. Of
this county. and who was subsequently
granted new trial BY Judge barton, ~
The Circuit Court was brought down from
Fredericksburg for trial At the October
term Of this court but on motion Of Hon.
John l.. Mason. who has just become
associate counsel for the defence. the
case was continued 20 the November term
Of the court. As before stated in thia cor
rcspondonce, Moore was some months ago
conveyed to the Fredericksburg Jail, for
The reason that the authorities here con.
sidcrcd the prisoner unsafe in the King
George Jail. This case. from the inception,
has fully illustrated how criminal ex-
pensos multiply b. "contnuances' which
should ana could be avoided.