Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-21
VERDICT BY CONSENT
Ang md Tedious Trial Avoided In The
Smlthefs Election Cases.
APPEAL ON LEGAL POINTS.
The ccmprosaise Agreed to SO ~ 70 Get
the Matter Before Higher Court
The Procccdings


zion case. which has been before the pub
months and attracted good deal OF at
DENTON. came 10 rather an abrupt end
In the Henrico County Court yesterday.
when a verdict was rendered by consent.
lining each of the defendants so. and de-
lining each OF the defendants $40. and
hiking their confinement In Jail at one day.
The Jury really had nothing to do with
this verdict except 10 ratify IT and direct
the foreman to afiix his signature thereto
u was compromise accepted by counsel
{or the defence In order to avoid long
and tedious trial, and TO enable them to
get the matter before Judge Wexford,
OF the Circuit Court where the legal ques-
lions involved In the rulings Of Judge
Wickham. to which exceptions were taken.
may be argued and passed upon.
The persons affected by the conclusion
reached. provided the case Is not reversed
by the higher court. are Messrs. Il. #.
Ashby. James Holeran, William Wilson,
lee w. Brauer, and w. l.. Woodson,
who served as judges and clerks at
smither's store last November.
IN LIE tASEs.
When court convened at IL o'clock yes
.erday. the room was well filled. and the
personnel OF the gathering was far above
hat OF the usual court audience. Captain
Gnigon sat at table within the bar. and
&essrs. Haskins. Meredith. Martin. and
pendleton. with their clients just outside
ihe railing. While waiting for two e the
Jurors TO arrive. counsel for both ddes
and the prisoners held a conference the
Irand-jury room.
The case was taken up at five minutes
70 II O'Clock. Both sides were ready, and
The plea OF mot guilty" was entered by
hr. Meredith for the election officers. The
jury consisted of Messrs. G.. g. Paleske,
=. NJ. Ryall, John NJ King. Ben. Brown
tng, Fred. Hcninger. X. H. Nelson. John
y. Tiller. Herman Gallmeyer u. w.
blackburn. John Land, w. II. johnson.
and c. Smell
County-Clerk s. +. Waddin, the first
witness sworn, brought in the poll book
Of the voting-place. and, replying to n
question. said the name opposite space
was John f.. Epps. Mr.. Epps was
gotten through with about rs quickly as
Mr.. Waddill was. He said he d1 not
live within the bounds OF Smthers Pre-
cinct. and did not vote there In November
last.
ASKS FOR A VERDICT.
The spectators were greatly surprised
when Mr.. Guigon arose, and, addressing
the Court. said:
AT this point, gentlemen Of the jury,
and without continuing further the
examination Of Witnesses I ask at your
hands verdict of guilty, and / suggest
that you assess a fine OF so each against
these prisoners. and ascertain the term
of their confinement at one day in Jail
each ! make this suggestion upon the
Of al 10 ba Hafanca Iot
they will acquiesce in this result. de-
string. as they do. to take an appeal only
on the legal questions.
II have considered this matter very
earnestly. and. l confess with some
misgivings. as TO the proper course for
me to pursue. but ] have come to the
conclusion that the course l have indi-
Gated is right. Should this examna-
ton proceed. a vigorous and tedious
and eXhausting contest would result.
For n conviction, twelve men must agree,
and In the event of their disagreement
another long trial might be imposed upon
the county. with its great attendant costs
and Inconvenience to very large num-
Der of your citizens and should ver-
dict be finally reached, il might be. per-
haps, no more severe than this | now
ask at your hands. There is no disposi-
ton on the part of the Commonwealth,
or any OF its officers, so far as l am
ADVISED. 10 De ndTSH OF TtNtHBtIul, OF
TO inflct severe or unusual penalties on
these defendants. But it is a matter OF
great Importance that the majesty of the
law should be maintained, and that all
should know that such crimes will be
punished; and this | believe, the verdict
] now ask Will accomplish.
Il appreciate fully the responsibility
take In asking this verdict at your hands
I responsibility but the greater because
Of the fact that j represent the Com
monwealth in this county in this matter
Dniy, ana | confess 10 "a feeling OF per
bonal and professional disappointment at
this unexpected termination of what
promised 10 be a most interesting con-
test, but | am persuaded that the in
terests of the Commonwealth and of the
county are best subserved by the verdict
as suggested. / firmly believe my course
Is right. and ] ask this moderate verdict
accordingly, IL IL should meet with the
approval Of the Court"
THE DEFENCE EXPLAINS.
When Mr. Guigon concluded there was
look OF utter amazement on the faces or
all present, none of whom had expected
30 sudden a termination OF what promised
to be long and weary trial.
In explanation of the action OF the de-
fence In agreeing 10 this verdict. MIR.
Meredith said:
1T may perhaps be proper for me, In
behalf OF these gentlemen whom we rep
resent, TO explain that while We do not
really agree with this conclusion. yet we
feel that in view OF all the circumstances
We ought TO acquiesce in the result
though we cannot, in view OF our plea
of not guilty. give technical consent to
the suggestion made by counsel for the
Commonwealth.
1--WE shall, therefore, offer no objection
10 such a verdict, should You gentlemen
see fit TO give IL. or course we reserve
the right TO take any further legal steps
in this matter which may be deemed
necessary"
THE VERDICT PREPARED.
The Clerk then prepared the following
verdict:
1--WE, the Jury. find the defendants
guilty as charged in the third, fourth, and
NTH counts OF this indictment, and assess
a. fine of $40 against each OF the sald
defendants. and fix their term OF I'M
prlsonment in the county jail at one day
each"
Judge Wickham expressed his hearty
approval of the compromise and handed
the indictment 10 the jury, so that one
of their number. as foreman. might sign
II. There was some hesitancy manifested
among the Jurors, and In a few moments
they requested TO be allowed to withdraw.
They retired TO their room. where. to the
great surprise OF all present. they re-
manned for period OF twenty-eight min
utes. Entering the courtroom again at
twenty-five minutes TO l. Mr.. Paleske as
spokesman. asked the Court IL the pen
atty named in the verdict agreed upon
By counsel was the severeSt that could
be inflicted by them. The Judge an
swered by reading section $3.50 or the
Code. which provides that the fine should
not exceed 500 nor the imprisonment
Twelve months.
The jury again retired. and AFTER an
absence OF seven minutes, having spent
altogether thirty-hve minutes I'm their de-
iiberations re-entered the court ana re-
turned the verdict requested OF them.
They were Immediately discharged FOR
the term.
THE DEFENDANTS FAILED.
Mr. Haskins arose at this Juncture
and made a motion 10 set aside the ver-
dict. This motion was promptly over
ruled. and MIR. Meredith requested sus-
pension OF Judgment, and asked that the
defendants be admitted to ball, which re-
quests were granted, and the amount OF
their bonds fixed at 500 each. Messrs.
William II. Brauer and John Mitchel
went on the bonds conformity.
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