The times. [volume] (Richmond, Va.) 1890-1903, 1897-12-17
QUAaH AN INDICTMENT.
THE TRIAL OFJOHN ANDERSEN FOR
MURDER At A ST1ND-STILL.
The Slayer of the Officers Of the Schooner
Olive PecAcr VIII Bage TO be Again
Indicted and Arraigned for Trial

NORFOLK, VA, Dec. 1G - special. -
Owing to the inability Of judge Hughes
20 remember a minor point in regard to
the swearing OF the grand jury. the de-
fence scored the first point in the trial
OF John Andersen. the mu;inous and
murderouS cook OF the schooner owe
Pecker. ana the case which has attract
ed the attention Of the entire country on
account oi ITS unusual circumstances ~
now technically OuJ Of court.
The indictment charging Andersen
with the muruer OF captain Whitman
ana Mate Saunders. of the Inflated YES
sci Is Juashed ana the wheels Of justice
for the time being are clogscd by a tech
meal objection successfully interposed.
Preliminary 10 the tridl in the United
States Distuct- Court this morning. ar
gumcnts was resumed upon the point
raised by the defence Yesterday that the
record showed that the indictment had
been found 10y grand jury consisting of
thirteen men. whereas the law requires at
least sixteen.
y TECHNICALLY.
II was not denied thar the Jury consist
ed OF the requisite number. but motion
10 quash the indictment was made on
the fact that the record was faulty.
AS stated by Judge Con for the court
the question was whether the record
might be amended To show the fact add
mitted. or the indictment quashed in ac-
cordance with the motion Of counsel for
defence. Upon this question. his honor
SAID the tniied States had the affirmative
of the argument and that the District
Attorney would proceed TO argue the
point.
District Attorney White opening for
the government held that il was compe-
tent for the court, at any time during
the term 10 amend the record so as to
make II speak the truth. He argued
thai the point ~ well sustained by the
decisions OF the courts Of England and
the United states and quoted numerous
authorities in support of the point
A LIVING RECORD.
II was admitted by counsel that the re-
cord Of court Is not subject to amend
ment after the term expires. but IL was
insisted that during the term the Judge
ts living record. and that he may amend
the written record of the term from his
own memory TO make 1t agree with the
facts
Counsel Mcintosh for the defence. opened
his remarks with broad intimation that
the authorities cited by the district attor-
ney were no, 10 the point and did not bea
upon the case In point. He insisted that
the court. as at present constituted-Judge
Con. of the Circuit Court. sitting with
Judge Hughes. of the District Court. be
tore whom the indictment was found
was not the identical court In which the
pioceedins was begun and. therefore. that
the record could not be amended. but
must speak for itself He made the point
that the record might be amended TO
remedy clerical error. but not as 10 a
material fact
JUDGE GOFFS REPLY.
Judge Con replied from the bench that.
a. 10 the court being Identical with the
. one in which the indictment was found.
the fact that he was sitting with Judge
Hughes did not alter the case. AS TO
the other point he held that the court
might amend the record during the term
as to any fact within It's memory.
The two judges then retired for consul
tation When they returned Judge Hughes
stated his recollection of the facts rclat-
Ing to the empannelling OF the grand jury,
showing that eight men were called and
accepted prior 10 the selection of the thir-
teen men whose names appear In the re-
cord bet he could not distinctly recall the
fact that each had held up his hand 70
be sworn when the oath was admins
tered. Judge GoI ruled. accordingly. thai
The Indictment II quashed.
ANOTHER GRAND JURY.
An order was entered directing Crane
fury 10 be summoned as speedily as pos
sible The witnesses for the defence were
called and recognized for their appearance
II the trial. .,-
Upon consultation between the district
attorney and the clerk OF the court y
Vas ascertaIned that a grand jury couie
he summoned In time TO respond IN cour
6y o'clock Tomorrow afternoon.
r. = probable that . new iIaic'men