Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-22
THE TRAIN ROBBERY.
Second Days Proceedings in the Trial
Of KOrsanfad al Stafford.
CONTINUANCE ASKED FOR.
Thc Court Promptly Overrulcs That
and other Mofions-A Jury sworn
Prisoner Pleaded "Nof Guilty.
Opening speeches-First witness.

STAFFORD tOA X tiOtSiss NfN''
mary eI-CSpeclal)- )-The attendance upon
he train-robbory trial was as large u
aot larger, to-day than on yesterday anu
when court was called 20 order al iV''V
.hc room was packed 10 its iui'os'
paclty. Morganfeld was brought III ""
The cot. -.
ON oncn,ng the court Mr.. White the
Commemorative Attorney
that Il would be- several days AZ 'e"s' v'
fire Charles }. searceN one OF "'e
,u.~oa robhers would be arraigned' ana
os one of the Jurors summoned ior ms
- ,,,a hecn advised OF the serious Ill
ness ~ his wife. he would ask that 'he
60, c,cuse the said juror until Mon
dav. which was granted.
OVERRULED.
Judge Ashton then stated that ne "ouio
o,errule the demurrer TO the indictment
end each count thereof asked for by the
defence Yesterday, and upon which decis-
a., was reserved until to-day. The fourth
clause however. ne quashod, and the
ninth having been duashed the day De-
fore this left the indictment with seven
counts. which charges the offence III
various ways, and upon which the pris-
oner will be tried.
At the conclusion or Judge Ashtons
decision the Court. as well as spectators.
were somewhat surprised by the announce
uent from the counsel for the defence
that they would ask for continuance
Of the case. The reasons given were mat
there were material witnesses whom,
owing 10 the irregularity Of the mails
occasioned by the recent blizzard Oey
were unable to hear from. although let
ters requesting an immediate answer
had been written. Upon this motion Mr..
Shay and Senator Little who are counsel
for the accused. argued. and were an
swered 10y Commonwealth s-Attorney
White and Mr.. Thomas. the prosecutors.
In the argument OF the counsel for the
defence and from questions propounded
20 them by the Judge. they stated that
n the witness they desired could not
he obtained in person by the next term
they would endeayor to have their depo-
sltions.
a NOVEL PROCEEDING.
This motion was also overruled, ana
the Judge I'm delivering his decision said;
This Is somewhat OF q novel proceeding,
and n depositlons could be taken In
criminal cases he would be CAD TO have
some Virginia authority. for he had never
heard OF II.
In arguing the motion Mr. Shay. coun-
sci for the defence. stated that the prls-
oner was pursued 10y a rich corporation;
that witnesses and police officers had
been hired 10 testify against the accused;
that even Morganfelds money had h,ea
TIED up for the purpose Of prosecuting
him. so as 10 prevent him from having
witnesses here 20 t-sti:y In his behalf.
and whom they knew required money to
oring.
Even the Chief OF the Cincinnati police,
ne said. had been an employee Of the
Adams Express Company. and thus
throughout the entire case had his client
been Handicapped.
OVERRULED AGAIN.
In reply the Court saii. II have always
.DdeaVOrcd TO afford a prisoner every
reasonable benefit. In this case. however.
The prisoner has failed 10 bring himself
within the rule OF this court and the
decisions both in this State and others
are that when witnesses are beyond the
Jurisdiction Of the State as you say yours
are. there is no ground in my opinion, for
continuance. The Court can never get
them here. FOR there is no process known
10 the law by which they can be reached
Continuances are at the absolute discre-
ton OF the Court and exercising this the
motion for continuance is overruled
The prisoner. through his counsel then
excepted to the rulings. which were noted
by the stenographer. This concluded all
the pr iiminaIy motions, and by order of
the Court the prisoner was arraigned.
NOT GUILTY.
In response to the question. "Are YOU
guilty or not guilty?" Morganield raised
himself uron his cot and In a clear and
distinct voice said. Not guilty please
your Honor The argument on the pleas
and abatement before the arr4ignment
OF the prisoner as well as the preliminary
motions. is somewhat unusual: bat the
prisoner. through his counsel, insisted on
tucn proceedings. which the Court al
lowed. Before the prisoner entered his
plea or not guilty. however another mo-
tion was made TO Quash the Indictment
and also the ruling TO the demurrer both
of which were overruled, the defence
noting exceptions.
At the conclusion Of his arraignment
The vcnire summoned for the case was
called.
TO this the defence moved that tbo
court quash the same. which motion. be-
.ng considered by the Court. was over
ruled, ana exc rtlons were taken.
THE JURY.
The Court then proceeded TO the OK
animation OF members OF the venirc on
their volr dire. propoundlng the usual
questions. Tie first Venire was ricidlv
examined, and consisted OF twenty. bat
only fifteen were obtained. a second
Venire OF ton was then Immediately sum.
moned, and, after procuring the neces-
hary number-siXteeen-a recess was
taken for dinner. during which time coun-
tel Tor the defence selected the jury. as
follows: r. II. Jones, Taylor Rollins
hrl rl.yf.s
John v. Chiffon, X. A. johnson, ". H.
Rollins. Frederick Dent, Milton Harding
Burnett Doid, and e. II. Truslow. on the
cali Of the second venire counsel COR de-
fence also objected. which ,he Court also
oycrrulcd.
on reassembling after recess the twelve
lurymen were sworn IN according 10 the
usual form. The case was then proceeded
with by the Judge delivering his charge.
THE CHARGE.
IN doing so. In substance. he said II
You tnd him not guilty, as charged IN
The Indictment. say 80. and no more. II
you find him guilty. as charged. the
punishment may be death or not less than
eieht years nor more than eighteen IN the
penitentiary Under the Indictment, how
ever you can find the prisoner guilty
ot assault and battery. and also
oi simple assault. In which case the mini
mum line must he five dollars, and maxi
mum not excessive and imprisonment IN
The county jail. also not excessive, and
either o. both"
To this the defence also excepted.
OPENING SPEECHES.
Mr y. $. White. the Commonwealth
Attorney. then made the opening state
mont for the prosecution. in which hs
oNhaustYeiy reviewed the case from the
lime q the deed 10 the finai arrival OF
me accused. saying in connection with
ne same that reliable and positive evi-
aence would be produced 10 substantiate
every charge made by him.
siate-Senat0r Little. for the defence,
followed and delivered one Of the strong
est opening appeals ever heard In this
court. During his opening he boldly and
foarlcssly arraigned both the Adams Ex-
press Company and the Pinkerton force.
saying that the accused had not only
been bounded by a rich corporation but
also by detective force who lived on
crimes and dsstardly deeds OF devlltry,
whose policy was 10 catch any one, no
matter whom 50 long as their ends were
copsummated; that to-day HIS client
was surrounded by paid hirelingS and
henchmen; aud that before he would treat
a dog as Aorganfield had been treated.
he would crawl upon his belly as a snake.
CAPTAIN BiRDSONG.
Mr.. Little and ccmmonweaith's-At
4 a.a a