Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1897-05-14
THE RICE SlBERT CASE.

! case growing out vi tilc hl'iihS VI
Isaac Bowers will be tried in Rock
ingham county instead of Shenan
dOah.
The counsel Tor the defense pre-
scented ten or more aiidavits from
parties living in different sections
ofthe county, the contents of which
were very similar to the one pub
lished below. The application for
removal was made by the defense
and vigorously opposed by the
counsel Tor the prosecution. The
Commonwealth also opposed the re-
moyal of the case to Rockingham
and suggested that either Freder-
lex or Warren would be less affect
ed by any local influence but the
court in its discretion selected Rock
ingham County as the place Of
trial.
The Counsel for the defense and
the Court criticized the press of the
county. AS far as the HERALD is
concerned we cndeayor to give our
readers the facts obtaininable from
the most reliable sources and the
decisions of the court. Whatever
our own opinions may have been in
reference TO the decisions, we have
not expressed them. We have per.
mitted them to reach our readers
as they came from the court and
every reader could form his own
opinion without any influence from
us. The same policy, we think,
has been pursued by the other
papers of this county.
There was day when lawyers
and courts attempted to prevent the
publication of facts for fear it
would have some effect upon the
decision of iuries, but that, with
many other old fogy practices, has
long since passed away. In many
sections decisions have been freely
criticized by the press, but as yet
the practice has not prevailed
among the newspapers Of this
county.
The following affidavit will give
our readers the grounds upon which
the application for removal was
made.
VIRGINIA.
Shenandoah County tO-wit;
This day J. c. Towns personally
appeared before me, the undersign
ed a Notary Public in and for the
county and State aforesaid, or a
Justice of the Peace for said county
and State, and made oath that he is
acquainted with the sentiment of a
large number Of the people Of said
County, in different portions Of said
county in relation to the said case
and that that sentiment is extreme
" hostile to the said defendants.
That this sentiment Is not alone
due to any peculiar facts Of this case,
but is to a great degree the re-
suit of the spirit of hostility to-
wards any one charged with the
commission of such an offence by
reason of the facts and circumstan.
ces connected with the case OF
Weatherholtz lately tried in SAID
county. That this afiant does not
believe that the said defendants
can obtain justice upon a trial had
in said county of Shenandoah; that
he believes that any jury selected,
however fair and impartial their
inclinations might be, yet that hos
tility already mentioned will be so
manifested by the people upon the
outside during the trial OF the cause
as to seriously affect the conclusion
of the jury, and possibly also mani
fest itself by personal violence to
the defendants themselves. Alliant
thinks that under all the circum
stances Of the case, it is proper
case for removal by the Judge of
the County Court of Shenandoah
to some other county Of the State
for trial.
Given under my hand this 10th
day Of May 1897.
II. f. MILEY.
WASHINGTON LETTER.