Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-21
ROBBERS ON TRIAL.
Asfsaansh Afraisnsd Before Judge
Ashton At Stafford c. Il.
= Pestmasscr Competent arana
Observation-Disclosures which Con-
ssias Nine Counts Amended and
ssssained by the Court-Adjourned.


STAFFORD COURTHOUSE, VA. Feb
ruary S.--tspeciai. )--Notw understanding the
uorriole condition OF the roads, the at
Nnaance upon the regular term OF :he
Sounv Court which convened to-day.
was the largest for years. the people
AV'nS come to hear the arrsignment OF
Aofsanfield and Searcey, the alleged
Aouia-creek train-robbers. The two
prisoners arrived here about 1880. having
sett Fredericksburg at s:s5. From the
ysh In fredericksburg to their arrival
mere they were closely guarded by eight
special officers. all armed with Wnches-
Ter rifcs. Searcey was handcufred TO
detective Hinde, and Morganfeid was
on q couch. They were Immediately
lodged In Jail, and few minutes after
wards Morganfieid was brought into
court, and his couch was placed d.
rectiy behind his attorneys. BY this
fime the room was crowded.
MoRGAN'S CASE
Court was opened. and after empsnel-
ing special grand jury for several
minor cases, Commonwealth's-Atto
White announced that he desired TO take
up the case OF Charles A. Morgan
alias Charles A. Morganiield, which. being
acceptable to his counsel. the case was
opened From the very beginning IL
was evident that Morgan's counsel was
going TO contest every point, and that
. strong defence would be made.
Their first step was subject TO an ar
raignment OF the prisoner. until after
HEIR pleas in abatement had been passed
upon, which Judge Ashton allowed.
Their pleas were as follows: ]. That
the prisoner ought not 10 be held. be-
cause the grand jury which found the
indictment was not a legal grand jury;
because the Judge had not selected the
required number of grand jurors in Au-
gust last, as required by law; one OF the
said grand Jurors was a postmaster, and
grand Jurors being officers, IL was con-
trary TO the Virginia statute that
man could hold both Federal and State
once at the same time.
2 That the prisoner could not be held.
because he had been extradited on one
charge. and he was called 10 trial for
another.
PLEAS REJECTED.
To these pleas the Commonwealth
moved that the Court reject both. which
motion the Court sustained The usual
objections were then noted. and argu-
ment 10 quash the indictment was com
rnenced by Colonel Shea, and continued
until the adjournment OF court-at 100
p'clock-for es.ner.
During the dinner hour Monganiieid' IN
an interview with the Dispatch represen'
%sative said re had stood the trip remark
Rbly~weu bat that he was not feehns a.
well as he liked. The taking OF The trip,
he said. had always caused him some
fear-not, however, because OF convic-
tion-but from cold and exposure. and |
travelling over country roads.
LIKED THE GRUB.
His dinner having arrived at this time |
he Immediately raised up and quickly |
disposed of il. and when he had con- |
cluded said: II was in hopes that the |
trial would not last more than two days
but II the country grub continues to be
as good as this, / don't care II IL woulc /
last two weeks.
At this point l was prevented by an |
order OF Commonwealth s-Attorney White |
from further conversation, which causen |
Morganneld to smile and say: I'll SET
you later" All during the recess crowds
surged around Morganfelds cot 10 get
glimpse OF him. and were rewarded. fol-
he gave all an opportunity who could TO
do so.
AP. NJ GRAND JUROR.
At the reopening of the court affidavits |
were presented by counsel for the defence |
showing that Mr. J. T. Chinn, member
OF the grand jury that indicted Morgan
field. was and is now postmaster at
Monterthsville. this county. The afiida.
Wits caused considerable argument, and |
finally resulted in Mr.. Chinns being |
brought into court. who admitted the
fact. The Commonwealth's Attorney re-
fusing to admit. without the commission
being In court, that Mr., Chinn was
postmaster. considerable argument war
again INDUCED in. which was brought to
a close by the Judge overruling the petit
ton Of Morgantelds counsel requiring |
that the commission be brought into court
before further proceedings. In his ruling.
however, he stated that the commission
could be admitted at any time during the
trial.
Argument 10 quash the indictment was
then continued. ana was not concluded |
until AS p. NJ. when the motion was
overruled. except the last clause. which
charged conspiracy from September l5tn
90 October 18th. and which the judge or
dered 20 be erased from the indictment.
The indictment contains nine counts.
and the motion TO quash each and ever>
count thereof was ably argued by both
sides.
GROUNDS TO QUASH.
The principal grounds to quash were;
o. That the indictment contains two or
more distinct felonies; CO the Indictment
alleges that an offence was committed
against two different persons: G one
count charges certain property as having
been taken from persons named ana |
other counts charge different property:
"a the indictment charges robbery ana
grand larceny, which (as argued) are
separate and distinct offences, and could |
not be included in one count, as In THIS
case; 90 II was urged that there must
be one specific charge Of felony, ana |
any other charge involving two felonies
Gas alleged) would vitiate the indictment. |
80 the last count in the Indictment
charged a conspiracy, which could not
stand with a charge OF robbery, especially |
as the count was too indefinite in alleging |
a conspiracy TO rob persons and corpora
lions, without alleging the corporations
and persons; a the indictment was other
wise illegal, because one Of the grand
Jurors was postmaster.
SUSTAINED.
The indictment, as stated above. with
Che exception of the last count, was sus-
tafned, and exceptions TO the ruling in
the remaining clauses were noted by the
defence. General and special demurrers
were then filed. the grounds being sub
etantially the same as set forth In the
motion 10 quash. On this the Court re-
served its decision until tomorrow, and.
at $50 O'Clock the Court, after instructing
the fury and witnesses 10 be present to-
morrow. adjourned.
The counsel In the case on potn sides
are Colonel shea. of Cincinnati and State
Senator William A. Little. Jr., for the de-
fence: Commemorative -Attorney White
and W. g. Thomas. Esq, Of Baltimore, for
the prosecution.
HELD UP IN ARKANSAS.
Among the notables In attendance is
r. w. Harris, from Arkansas. who claims
that Searcey and Morganfield held him
ND and robbed him Of 500. This is Har-
riss second visit TO Virginia. ostensibly
for the purpose OF getting Searcey back
20 Arkansas in some way. This move
Is viewed with alarm by Searcey. who
says that Harris, II he gets the chance.
will put him out OF the way"
A LADY WITNESS.
Among the witnesses for the prosecu-
tion there Is one lady. Miss Alexander. OF
ralyerton Station. where 1t IL said Scar
cey and Morganfeld stayed one night. |
This Is near where the missing pouch was
found. the contents Of which no one but
the Adams Express Company officials
have any idea OF. The Adams Express
people are here in great force. Their |
party numbers fifty or sixty.
The noon train from Washington |
brought down the Cumberland (Md) con-
/