The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-28
THE GOLD BRICK NAN.
NE WENT OVER TO PETERSB URG
An BLTTHE AND GAR.
Efforts for Bail Before Judge muiien-hf-
gnment on Both sides-Ihc Case POST
ponod Until Next TUESDAY,

Just before o'clock. 10 get a glimpse "a
the now famous goid-bricK s"lhdieI'
Prank H. Smith, alias Parker VINO l"'.
persopated tae United states assayeT IN
the clever goblin story and ali-arouna iaN'
THAI cost y. W. winners o.
ter 500. ,,-.,,.,.
il Wa, tho idoa OF MIR l.. O. Wendeh-
burg counsel sor Smith, 10 carry 'nc
prisoner TO Petersburg TO try ana SEQ ~
wit Of habcas corpus, WHEREBY ~
prisoner might give bail ana go nom
mis- sinking mother in New lorK' anu -
81 1.flrc slc cied IL was alleged thai
che was PROSTATE with Etiei anu "''', "a
she pot a glimpse Of her boy soon ~
die OF broken heart. since she was dII'3"'
sinking with anxiety. -is,
The prisoner was locked 10 INC -
OF Jallcr Russell. OF Henrco' Nho' 'oe-''.
er with ShcrE simon solomon, o,'l' nose
him 10 the Cockade CITY. AmoHs ~"
IN The marty were Commonwealth ~
torncy II VI. smith aad convey ~
SANDS Of Richmond and hcnrco respect
tivelv who represented the Oou4ihon-
wealth. L. q. Weudeuburs couhSel lol
The prisoner. and sergeant AlcNa ~,
,ror,i,reo,u Detective ~. f.. SchHeH, car
horne scott Thos Fcidner G. W. But
lor and j. W Bennett, who had Deeh
suD,tnoucJ 10 appear as Witnesses. OtheTs
on the Train we've Mr. Louis belta' sport
Emery. Of New York, ana the man "ho
claims 10 Doe Dr. BUCK, OF Ne" oIh VINO
saws he Is the attending physician upon
Smiths. alias Parker m'iHt'. III. I'u,A
said that the woman had never recovered
f,om a serious fan she had some years
ago and vas in q very bad physical con-
ditou She was gradually SINKING, Said
he, am, IS deeply distressed ABOUT the
welfare OF her son, ana could think OF
nothing else. She repeatedly spoke OF
him. and constantly yearned TO see him.
die without seeing her boy SO much for
the story OF Dr. Buck, rs he represents
himself
PARKER CHEERFUL.
Smith. alias Parker, was in good hu-
NOR lie expressed himself AS happy 10
get out again IN the fresh air. He look
ed we'll. and chattcd away Cheefiully
,louah while smoking his cigar. That he
was The centre of attraction ia the party
did not seem TO disturb his equilibrium,
and well wishes were i'm order.
At $40 the train pulled into Petersburg
and Sheriff Simon Solomon and Jailer
Russell secured carriage and conveyed
the cOld-bfick man 90 the Hastings Court.
Parker was the observed Of all OBJ
servers" in the Co~-adc city. See that
nne-l1okng prisoner there" was heard
everywhere; that's Parker the notorious
Eold-brick mdI. Handsome fellow, ism
hc2"
The courtroom was crowded 20 it's Ut
most capacity. and IL was evident AT a
glance that great interest was felt IN
the case. Among the visitors from Rich
In0ud noted I'm the courtroom was United
States Deputy Marshal DuesberIy, who
went 10 Petersburg armed with a war
rant charging Smith. alias Parker with
impersonaung q United states dssayer
Mr. Duesberry said he had come along TO
arrest the Rold-brick man on the spot as
United States prisoner. in case lac was
allowed ha!l
Mr.. Alexander Hamilton and Mr.. r.
j. Davis, of Petersburg. were secured TO
assist Mr.. Wendc1barg Ton the defence
Air Hll Carter one Of the attorneys for
Parker, was not present.
The casg COMMENCED.
when everybody got settled Mr.. Ham
ilton asked that Mcssrs II. NJ. Smith, l..
.. WuIenburs ana Conway Il. Sands
qualify TO practice I'm the Petersburg
court. which was done.
Nj. Wendenburg then asked that the
prisoner Frank l.. Smith. be admitted
10 bail. He said that the counsel for
1be prisoner intended having the case
tried ON the 18th instant bat owing TO
his CWeadcHburg'sj illness and the alb
scnce of two witnesses i'm Europe, who
had since returned, the Ease was post
pOucd. Counsel for ,he defence wished 10
show that Smith mother WhO was an
old woman, seventy years of age, and
who was now at the point of death, had
been Frustrated by the imprisonment Of
her BON II was a question Of life and
death and Dr. Buck, of New York, who
WAS the attending physician, would testi-
fy TO this if put upon the stand.
After a few brief remarks by Com
monwealth-Attomey Smith, in which he
made some inquiries about the subpoena
and the papers an the writ OF habeas
corpus Judge Mullen said he did not
think the case was one which required
The taking OF evidence. The point was
that the indictment of the grand jury was
a pTima facie evidence that the prisoner
was guilty. ana the question of bail was
one 10 be decided by the court. SO far
as ne knew there was no statute bearing
upon this kind of case, and he would
have 10 go back To the common law Of
half a Ger airy ago, and be guided by
that
Mr.. Hamilton then stated that ii did
not seem to him that the burden was
upon Tie prisoner 10 prove his innocence.
The court was 10 hold that the prison.
err was innocent until lac was proved
guilty. This prisoner had not yet been
tried. There Were reasons why ne should
be bailed. The question at most was q
charge of swndlng a man out Of 5000.
lie knew of men who had been charged
"
who had been bailed without question.
Take the recent bank cases I'M Lynch
burg" said ne.
"Thcy are United states cases" replied
Judge Mullen, where the statute was eN-
pressed
81 do not think it necessary TO go into
the charge" said Mr.. Hamilton. 81 un-
derstand that the chief witness. Mr..
Withcrs. could have been communicated
with by telegraph bat he was not pres
emit" However that might be, this was
a case Of life and death. and the custom
IN Virginia courts was 20 give bail, eX-
cept I'm murder cases.
Mr. DAVE sPErCH.
Mr. i. q. Davis of Petersburg also
spoke In favor OF the motion. lie said
that the object of the bail was 10 bring
the prisoner TO trial lie believed the
facilities with which man could he
caught and brought TO court rendered the
question Boo the courts uniform one.
In 1873 The Law was stricter for The sim
pie reasons that railroad and telegraph
communication. detective agencies and
so on. were greatly inferior 10 what they
are "a present The question for the
court TO decide was whether the amount
~ bail WAS Sufficient TO produce the
presence OF the prisoner at the bar by
means Of tho present facilities for catch
ing criminals lie guaranteed that 81
go sould be "A sufficient amount 10 re-
turn ANY man TO the court for trial. The
question had not been up for forty years
50 FAR IS he knew There was not one
could escape with the present facilities