Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-03-19
THE TRIAL PUT OFF.
SMITHS CASE CONTINUED BECAUSE
OF SICKNESS OF COUNSEL.
Witnesses for the Defence Return
Ing from Europe-says Mr.. Carter
Is Like His Fatber-Cascs before
County Justices.

The trial OF Frank lockwood Smith, the
gold-brick swindler, which was to have
commenced in the County Court yester-
day. was postponed until the 18th OF next
| month. and the prisoner was reIhanded
back TO jail 20 await that time.
In anticipation Of the trial. which VIII
no doubt prove Of more than ordinary In
terest, a large crowd assembled at the
courthouse early. and when the court
was called to order at IL o'clock every
available inch Of space in the old struc-
ture was occupied by an eager lot OF men.
who when Smith was brought into court
craned their necks and crowded forward
to get q glimpse Of him.
The prosecution was represented ny
Commonwealth ttorney Conway X.
Sands, who will be assisted by Mr.. II.
NJ. Smith, Jr and Captain l.. u. Thofna-
son. Mr. Hill Carter appeared TOT 'he
defence and Smith was given seat
next TO him.
As soon as Judge Wlckham assembled
the bench he had the jury called' arr
which. al the suggestion or Mr' odhls'
Clerk Waddill called the Witnesses TOT
the prosecution They are: J. 1. NOT
mis-. Mrs. f. o. Devilie. James Johnson
Joseph Shannon, 4. W. Withers. Cial-
borne Scott. a. ". Burnett. Andrew
Welsh. g. NJ. Johnson. ". ID. Schleh'
Thomas Feldner. G.. ". Butter, a. NJ
Huxier. and 4. NJ. Tomlinson. All but
MIR. shannon and Mr.. Withers answered
10 their names. The latter fallng 10
reply after two calls Sergeant Tomiin-
son audiby remarked, Mr.. winners u
not with US"
MIR WENDENBURG SICK.
Mr. Sands then announced that ne was
ready 70 proceed with the trial "h"re-
upon MIR. Carter arose. and. addressing
the Court ssid that ne had received a
note from Mr.. Wendenburg, counsel Tor
the defence. setting forth his Inability 10
be present Yesterday. and asking MT
/ Carter 10 make his excuses 70 the court.
This note was accompanied by phys-
clans certificate 10 the erect that MI
Wendeubure was suffering with la grippe
and was confined 10 his bed. rms
Mr.. Carter presented 10 thr Court NM
on the strength thereof. asked that the
case be continued until the next teiih.
lie said he was not connected win ths
case vet. but expected o. be assOclatel
with Mr. Wenderburg later. AS an hu-
ditlonal reason for postponinE the trial
Mr.. Carter stated that he had aHuiNl'S
that two Of the witnesses for.the deleh'e
were on their way back to this country
from Europe. Their names were not
mentioned, but they ARE believed 70 De
Messrs. Camps and Mclhin, Of NOTION;
Mr.. Sands raised no objection 10 the
continuance. and after expressing de-
sire To try the case "a soon az possible,
suggested that the 18th Of April be set
as The date FOR going into II. This was
satisfactory 70 all concerned, ana ac-
cordingly that date was appointed.
COUNSEL LIKE HIS FATHER.
rho Witnesses were all recognized for
,bcir aupearance at the next term Of
the court, and the jury was discharged
. for the term A Dispatch man called on
smith I'm his cell after the continuance
and found the prisoner very much dis
appointed that his case had not been gone
into. He IL very anxious that the whole
matter shall be concluded as speedily as
possible.
smith had never seen Mr.. Carter be-
fore he met him in the court. and. al
though his attorney is much older than
no there IL "A striking resemblance be
tween the two. This the prisoner COM
Inpnted on 10 the reporter. said he; Il
was never more shocked In my life than
when ] first looked at Mr.. Carter after
having taken q seat beside him. He IS a
speaking image of my father, who died
ten years ago. ! believe were my mother
- see him she would think her husband
had returned 20 the flesh. | really
thought for an instant that was seeing
ghosts"
Csscs Before County Justices.
J. II. Hi. a colored lawyer who has
been pacticing in the County Court for
some years past, was before Justice Vim
cent Yesterday, not In the capacity OF
practitioner. but AZ defendant, he being
charged with the serious crime Of obtain
ing a IromissOry note for $D.S from
Amanda Brown Ccolored) under false pre-
fences Ncssrs W. H. Beverage and :.
u. CHM appeared for the defence ana
Mr. A T. Cohen for the prosecution.
The examination was gone into at some
lengh and the accused was sent on 60
the grand jury. Bail was allowed him.
Justice Vincent again continued the
case Of Messrs. Rohleder and Gillian,
who were arrested on "A charge OF asss .it-
Ing and shooting AT each other. The case
VIII come up for examination on the 9th.
and the accused were hailed for their ap-
pearance on that date.
The examination into the train wreck
er's case has not vet been held Justice
Iarus says there viii be several more
until these are made before going into
the examination.
Morris Hopkins received n large crowd
% visitors yesterday He has given up
Dil hopes Of being pardoned. and IS pa
tiently submissive. To a Dispatch man
Yesterday he said that he would love
IN ghtily 10 I've. but he had 10 20 and
that was all there was 10 It." He con-
tiuually discusses religious subjects
reads the Bible frequently. and says he be-
lieyes that he will be- translated directly
from the scaffold 10 Heaven.
John Fisher. Of Illinois, who lost 5000
on a gold-brick game. accompanied by
his wife. was in the courtroom. the
couple having Journeyed all the way from
their western home % their own volt
ton TO give testimony IN the case Their
presence was reported u Mr. Sands and
he promptly had summons served on
Mr. Fisher.
Some time after court had adjourned
Ny Withers arrived. his train being late
having caused his delay. n. is stopDing
with his wife al the Mt Vernon.