The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-08-05
BEDFORD CITY BANK CASES.
The indictments Against 7. D.
Berry Were Dismissed.

The Lynchburg News says: All the In
Gictments against T. d. Berry in the
Bedford county court were dismissed
Yesterday morning by Judge Barksdale,
OF HALIFAX county, who has presided
throughout the various proceedings in
the case. And thus is concluded. 80 far
as the State courts are concerned, a case
that has excited great interest throughout
this section of the State. and one which
mas peen before the county court of Bed.
ford for several months.
MIR. j. Tinsley Coleman.'of this city.
and Judge VIM. H. Mann, of Nottoway,
OF counsel for Mr.. Berry, went up to
bedford City Monday afternoon, and
shortly after their arrival the indict-
ments drawn by Major T. j kirkpatrick
were iirst taken up, and were dismissed
Yesterday morning, the othe, indict
ments, which were drawn by Mr. a. II.
Burroughs, were discussed. Mr.. Cole
man argued that the indictments should
be dismissed on the ground that four
terms OF the court had expired since the
hnding OF the indictments without trial
or continuance ut the instance of the de
PENDANT. The motion to dismiss the in
dlctments was resisted by Mr.. ]. Il.
NOEL, DR., of this city, who repre- sented
the com m uwealth
Alter the question had been argued ut
'NHSo I)hI hSlhle, uDOn consider
ing the matter, rendered his decision,
Diminishing the indictments under section
4o4i OF the Code of Virginia, which reads
as follows:
Every person against whom an indict-
ment Is found charging felouy, and held
III any court for trial, shall be forever
discharged from prosecution for the
offence, If there be three regul,r terms
OF the circuit or four of the county, cor
poratlon or hustings courts in (which the
case Ia pending, after he is so held with
out n trial, unless the failure 10 try him
was caused by his insanity, or by the wit
nesses of che Commonwealth being en-.
ticeu or k-pt away, or prevented from at
tending By sickness or inevitable acct
dent; or by continuance granted on the
motion of the accused; or by reason of his
escaping from jail or failing to appear
according to his recogniZance: or of the
inability of the jury to agree in their yer
diet"
There were about ten indictments
against Mr.. Berry altogether. He was
trieu on one of them, charging him with
allowing money to he deposited in the
nank knowing 1T to be insolvent. In the
i'rst trial on this Indie tment there was Il
hung jury, and in the second he was nc
Quilted. BY the action of Judge Banks
dale, the other nine indictments are dis
missed. Mr.. Berry's counsel have been
Messrs. Cnskie Il Coleman s. Backford,
tiorsley & Blackboard, OF this city, and
Judge William II. Mann, of Nottoway
The prosecution has been conducted by
AIR. a. III. Burroughs, of this city, as
sisted by Mr.. II. Il. Noell, Jr.
At the conclusion of the Berry case, the
court announced that it was ready to go
into the second trial of the cashier of the
bank, Mr.. j. w. Smith. who at his first
trial was convicted and sentenced to the
penitentiary, but who obtained Il new
trial AS Mr.. Smiths counsel were not
present, tn" case was continued and will
he ent-red into tomorrow. Mr.. Howard,
of the firm of Lee IL Howard, counsel
for the accused. went up to Bedford City
yesterday afternoon. 1t is said that the
! same conditions that resulted in the dis
missai of the indictments against Mr..
Berry exist in all the indictments against
Mr. Smith, except in the one Oh which be
has been tried.