Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-05-16
HE GETS EIGHT YEARS
THAT THE PUNISHMENT Melted
OUT TO sEARCEY.
The Last Act In the Aquia-Creek
Train-Robbery Drama-The Conn
ments OF the Judge-The Prisoner
Was surprised.

STAFFORD COURTHOUSE. May Is
J (special)--The last scene In the noted
AquIa-creek train-robbery drama was
given here to-day in the conviction ana
sentencing OF Charles j. Searcey. the
! seif-confessed bandit. to eight years IN
/ the penitentiary. The punishment meted
out to him was ten years less than that
Of his companion, Morganfieid. yet 1t was
very apparent that he did not expect such
long term-in fact, the opening state
ment OF Commonwealth's-Att White
and the indictment under which Searcey
was tried were sufficient not only to
give the prisoner hopes OF a shorter
term, but also TO bring to light that there
has existed ever since his arrest promise
OF leniency to him.
On leaving the Jail in Fredericksburg
Searcey was handcuffed to Sheriff Ken
nedy. He was neatly attired In black
diagonal suit. tan shoes. and straw-hat.
After boarding the train he purchased
a Dispatch, with which he entertained
himself until arriving at Brooke. where
he was placed In a carriage and driven
to the courthouse
IMMEDIATELY CALLED.
On the opening Of court, at the request
of the Commemorative Attorney, Scar
cey's case was Immediately begun. and on
his being arraigned he pleaded guilty.
The indictment as read fixed the punish
ment at not less than three nor more
than ten years and did not even charge
him with having committed the offence,
but only with an attempt 10 enter, rob-
etc.
tha thru Mr.
Whits the Commemorative Attorney
stated that as the case had ELECTED so
much notoriety he deemed II necessary
to make a statement In referring to the
indictment as drawn, he said: when
SeaTcey was arrested, In Cumberland his
counsel advised him to make confession,
as by so doing and turning states EVIL
dence he would only get five years rms
he did. and an agreement between MIN
and the State authorities to this effect
was Immediately made.
WAS INDIGNANT.
when ! was informed Of tits sad
Mr. White Il was indignant, but was
told that II served two purposes. First. II
brought TO justice two noted criminals.
Second, II would have a tendency TO break
up gangs. for il would make them suspl-
cous of each other. and prevent conf
fronting me. and knowing that the State
was bound 10 stand by the agreement, l
acquiesced. although both of the robbers
should be hanged"
At the conclusion Of Mr.. Whites re-
marks Senator Little. Morganfields
counsel. said: "'rhe jury are not bound by
that agreement, and, as | have said be-
fore. the whole thing will be a farce"
THE JUDGES COMMENTS.
Judge Ashton then commented upon Mr..
Whites statement as follows:
II have listened with amazement at the
statement made by the Commonw ealth.
and emphatically say that this jury, not
withstanding what agree ment was made.
are not bound by any action taken outside
Of this courtroom. and you may render
your verdict regardless Of anything the
Executive of this State may say
The case was then given TO the jury,
who, after an absence of one hour and
fifty-three minutes. returned with YER
dict of guilty, assessing the punishment
as above.
After the verdict had been read and
the usual question whether he had any
thing to say as to why he should not be
sentenced had been asked Searcey re-
piled: "Well. no, not particularly: but l
did not plead guilty to that indictment L
into the car"
The Judge then passed sentence upon
the prisoner, saying. among other things:
81 am sorry the indictment was not so
framed as to give you eighteen years
You have been very fortunate, Tor you
are as guilty, II not more So than your
companion. and should have had the same
punishment. regardless of any agreement;
and it gives me pleasure TO pass sen
tence upon YOU.
Several times during the passing of
the sentence Searcey interrupted the
Judge by saying he had great deal
vet TO tell. and would do so when an OPP
portunity afforded.
What the Governor Says.
Governor OFerrall when seen last
night in reference to the statement made
above. said that Mr.. White. who had
conducted the prosecution of Morgan
field and Searcey with such ability, was
laboring under a misapprehension when
he stated that the Virginia authorities
had agreed to let Searcey off with a
fve-year term in the penitentiary.
"When the robbery occurred" he said
ait was believed that there were seven
or more in the gang. few days there
after Searcey was arrested In Cumper-
land as a suspect. He employed coun-
sci. and ii was necessary for virginia
TO employ counsel also, which she did.
The express company reported to me that
there was not sufficient evidence 10 con-
Wet Searcey, and there was no informa-
ton as to the others
1T was also reported that Searcey had
made a confession to his attorneys. II
was important to get this confession,
and in consideration therefor Nirginia's
attorney at Cumberland agreed that
clemency should be extended to Scar
cey upon certain rigid conditions The
attorney, who is one of the ablest In
MARYLAND. was familiar with all the facts,
and believing there was not evidence 10
convict Searcey, and no clew to his con-
federates. felt the necessity OF getting
his confession, which. 1t was understood,
he had made 10 his attorneys. He succeed
ed in getting the confession, and tina;
led to the conviction OF Morganfield. as
well as Searcey.
1T remains TO be seen whether the con-
ditions have been compiled with, and
whether Searcey is, under the agreement.
entitled TO clemency. In my opinion. there
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