The times. [volume] (Richmond, Va.) 1890-1903, 1895-05-11
ONLY FIFTY THOUSAND.
THAT WAS TIE AMOUNT OF BAIL
REQUIRED or PARKER.
Judge Barham Was Firm In His Decision,
and the Gold-Brick Man Could Not
Gyo the Bond.


Virginia at a late hour yesterday after
noon held as a choice prisoner FRANK
Lockwood Smith alias Parker, the no
tOrious god-bri,iS man, whose operations
OF late nave nctted the gang something
like two OF three fortunes, ana whose
latest victim was a. W. Withcrs. the
vouDn Gloucester spectator. with the
proper English pronunciation or Don
You know" was no fasllt OF the man
who impcrso1ated the United states
aSSayer IN the deal That M 70 MI. WIN
ers famous as a purchaser OF brlcKS
Parkcr's motives were good. lie want
ed 10 be free man Ike other American
citizens. 1t was natural.
The question at O'Clock yesterday
afternoon was whcthcT or not MS coun-
sci could arrange win Judge Barham
TO get the bond down. Ills Honor gave
the attorneys for the defence a broad
side when he announced mat $1,000 would
be the amount required. The courtroom
was crowded win m0iDidiy curious peoe
pie. among whom were number OF
ladies' whose curiosity TO get peep az
the handsome prisoner got the better or
them. Two peewees hi,ted aD92 ABOUT ain '.eas
the only sound audible. All was eNpec-
tatiOn.
he noted the judges COuntenance with u
scrutiny that would have done justice 20
any botanist Hair q hundred rural
people pricked their ears ana listened
Emory. the New York sport. who has
stuck 10 his friend Parker with the ie-
nacity Il porous pl1s.er, was an an
ticiIatiDn. Commemorative Ai'pincyS
Sands Smith and Goodwin tried 10 be
serene, ard counsel for the prisoner
spoke not word. Then Judge Barham
remarked sercnoly. THE court VIII bail
The prisoner for $50 Counsel for the
defence Will decide the matter by !
O'Clock. Until that time the court VIII
TIE figures we're doubtless surprise
to many present, as Judge Bar
ham had announced in the midst
Of the proceedings That ne wo QUO
that when the case was called iOr trial
the presence OF the acc lssd could not
be secured.
THE PARTY OPP.
Parker was taken To Emporia, the coun-
n seat of GrecuesVille county, Yesterday
morning AT g.05 O'Clock, over the At
ianfic Coast Line. He was I'm the custody
Of sheriff Simon Solomon and Deputy
RUSSELL of HenricO county. Among those
WHO accompanied the prisoner " ,rt com
mOnwcalths Attorneys Conway X. Sands
and VI. NJ. Smith. Jr., representing the
Commonwealth. Mr.. j.. o. Wendenburg.
Fnd MFssrs. HAMILTON and Davis OF
Petersburg, counsel for the prisoner,
Messrs. a. w. Withers, the gOd-brlck
victim Evan n. Chesterman. Serg amt A.
NJ. Tomlnson, and Manager Welch. of
,hc Southern Express Company, who were
summoned as witnesses in the case,
Sport Emory. Of New York, friend OF
the prisoner and man who wears
pair OF ElnSSfS at times anu lpiIpdloAF
hair. and who claims that he Is cousin
OF Parker's from Kansas city, Mo lie
goes by the emphonious cognomen OF
DumOnd Smith Besides these Mr. Mann
Quarles representing the Virginia Trust
Company. accompanied the party, ana
carried along a tin box, while Clerk
Waddill. OF the Henrico County Court
and Mr. William Flegenhemer helped TO
increase the delegation. Add 10 these
Deputy United states Marshal A. J.
Ilcasants, who was armed with the
papers TO arrest the prisoner and take
him 10 Norfolk TO be tried before Judge
Hughes, Of the United states Circuit
Court. in case that bail was settled. and
couple of newspaper representatives.
and the crowd was made up.
At EmpOra number OF people who
usually hang around the court house, con-
gregated 10 get view OF the prisoner
and some expressed the view that Par
ker was a fine looking fellow beyond
doubt. Commemorative Attorney Good
win. of Grccncsvillc county. was secured
10 assist Mossrs. Sands and Smith I'm
the prosecution, and soon everybody set
tied down for steady work.
QUESTION or COST
After Messrs. Wendenburg Sands. and
Smith had qualified, the question of re-
ouifing security for the cost OF the wit
ncssos and other expenses occupied the
attention Of the Court for some time
Mr.. Sands asked that the prisoners coun-
sci be required 10 furnish security Tor
This, giving his reasons therefor.
Mir. Davis stated that papers for this pur-
pose should be filed with the proceedings
on the writ. and the statute did not
hold that the prisoner should furnish
bond for tho1e costs after the prisoner
had been produced before the court II
such a thing Mci0 required or the prison
err ne ought TO have been notified he
forehaud The law had no bearing upon
the case. unless the prisoner had been
previously notified. The question was one
10 be decided by the court which could
hold him for costs AZ the case went against
the prisoner The statute did not read
that the court could require bond after
the writ had been issued and executed.
Mr. Hamilton. I'm behalf of the prisoner.
stated that counsel for the accused would
he responsible for all proper costs
incurred by the sheriff clerk OF the corn-
~. and witnesses. Counsel Ter the ne
fence would not DE responsible for tX-
pcnses incurryc 10y bummcrs like old Nor
lis and that gang, but would answer
for costs incurred by the proper Witnesses.
II was agreed that the court could
decide upon the amount OF expenses 10 he
Urged. The fact that the prisoner had
been refused bail, Slld MI. Davis. uld not
infer that under different circumstances
ne could not renew application FOR bail.
The Judge OF another court, AT dlftci-
ont place. a different time. and under
totally different circumstances, had re-
fused the prisoner bail Since that time
jury had failed TO convict MIN OF the
crime vithswhich ne was charged. This
was now an entirely different case, total
" unlike the other and had 10 be tried
upon its individual merits exclusive or an
OtItr previous proceedings. III NFfNfH
that everything in connection with the
case previous TO this time Ice stricken out,
and the case tried upon the evidence
produced there.
ONCE FOR ALL.
MIR Smith, for the Commonw calth, ar
rucd on the ground that after a man
had been fully. and fairly, and freely
tried. and refused bail that must settle
the matter until the trial was held. All
the Judges in the Commonwealth were
upon an equal footing. When one heard
the case fully and denied the prisoner
hail. that was the voice of the Common
wealth. II the prisoner was not given
bail hy Judge Earham, according 10 the
arguments of counsel for defence. Mr.
Wenaeuburg. the prisoners attorney
would pop up ina Highland county ana
40 through with the same proceedings
there. and if bail was declined up would
pou MIR. Wendcnburg iu another county,
and so on. The prisoner had been SiNen
a fair trial I'm Hcnrico, and the lnry was
unable TO agree only seventeen days re-
manned before he would be given another
Mr. Hamilton held that the refusal OF
Judge Mullen. OF fhc Hastings Court OF
Petershurg. was based upon that partiCu-
lar case. which WAS totally different from
The one ina hand The Court was not
suunoscd TO know what evidence was
ont before Judge Mullen. The statut-
held that the judge before whom the
prisoner was brought should decide from
he evidence produced before him.
Mr. smith here Interrupted the speaker
by permission. and stated that the prs-
onor had a right TO apply for bail before
Judge Wickham. of Hcnrico. before whom
a. 4at.. ..NI