The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-06-10
THE JOEsSON CASE.
Motion for n Continuance and Change
OF Venue Overruled

OF Venue Overruled.
me Johson case was called in the
ftuSt1ngS Court yesterday, and a Venire
Oh sixteen men was summoned
Mr.. w. II. Parker, attorney for Job
son. offered the following motions and
demurrerS
MOTION FOR CONTINUANCE.
Upon the grounds
t1rst-BecauSe his cause not having
been set for trial until Monday last
only two days ago-he has not had suffi-
clent time in which to prepare his de-
fence.
Second-Because his cause was neither
tried nor set for trial during the term Of
court at which his indictment was
,ounu, although several applications
were made to have it set to some day;
ana not until two days ago was it set
at all, since which time he has not had
sufficient time III which to prepare for
trial
Ihlrd-Because. as shown by the rec.
ord, several indictments for various Of
lenses having been found against him
by two different grand juries summoned
and lmpannelled at the last term Of the
court, he could not ascertain upon which
one he would be first tried until Just
two days ago and therefore has been
unable in so short a time to prepare his
defense.
= wi III 'l'SStluSC Tie DuDllC prCJuQlcG
IS SO intense and strong agaiSt him that
he cannot secure fair trial by jury
summoned from citizens Of the CITY.
Notions overruled by the court, and
exceptions noted
lie then made Il motion for a Jury
from another section. The court declin-
| ed to rule on that motion until an effort
mad been made to secure jury
He then made 4 motion for change of
venue on the ground Of public prejudice.
Inc motion was ovcrrulcd.
The motion to compel the Common
Wealth's Attorney to elect upon which
! indictment he will proceed to trial--whe-
ther upon the one found by the regular
grand jury or upon the one found by
the special grand jury at the May term
| OF the court
Hiere, there being two indictments
against the accused for the same Of
tence-one found by the regular grand
| jury and one found by the special grand
! jury Of the May term-the Common
Wealth's attorney asked leave to enter
q nolle prosequi in the former, and said
| he would proceed to trial on the last In
dictment.
DEMURRER TO INDICTMENT.
First-Upon the grounds that II
charges no offence and violates the sta.
tute under which the Indictment pur-
| ports to have been drawn
Second-1t omlts to state that the
| ownership Of the property burned was in
Inc name of trustees Of the" etc, q cor
| poration. The indictment failed to show
| that the ownership Of the property was
! IN the name Of a corporation
Demurrer overruled by the court and
exceptions noted by the defense.
DEFENSE GRAVES OYER OF We.
NIRE FACHAS.
The defense craved oyer of venire "a.
cias. and moved to quash the same upon
the ground that it was issued on the 18th
day OF June, 1897. the first day Of the
present term. no venire having been
issued previous to the beginning Of the
said term for the trial Of felonies OF
said term, as provided by the statutes.
Court overruled the motion and ex-
ceptions noted by the defense
Inc prisoner. Ellis B. Jobson, was ar
raigned by the clerk and pleaded not
guilty. ''o'
a number Of Jurors were examined
. una not one was received. The court
s slien ordered thirty men to be summoned
from Nansemond county for Friday, the
18th, at II q. m. N