The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-07-22
The Testimony Of John Mariner as to the
Manufacture Of Divorce Evidence.
SMITH ADMITS HAVING RECEIVED MONEY FROM CANNON
Detective Eastwood Tells Why He Ceased Work for Can
non-lnportant Revelations Expected To-day.


at 1l:22 a. M The court room was
crowded as usual.
Mrs. Lillian Cannon arrived In COM
pany Of her mother and Mrs. King. She
was calm and composed, yet showed the
evidence Of her burden OF trouble. Sh,
wore q blue shirt waist, dark skirt
green lelt. sailor hat and a dark
gauZy Veil.
The following witnesses for the pro-
secution were called, hut, on motion Of
the defense, all excluded from the court
room. to be brought in one at time:
Mrs. Lillian Cannon. Il. r. Eastwood.
J.. o. Pitt. N1rs. Wester. Leo Myers.
Samuel Laylor, Mrs. King, Annie Wake
field. r. W. ShuAice. Mrs. Lydia II.
Balm, Sergeant Heppel, Chief Dornin
John Mariner, John Kelly and William
Hannan.
Z The defense stated that they had NJ
witnesses to Introduce then and Judge
Nicely repeatedly stated that there was
no o7e present that the defense would
SO far as they then knew, call to tho
witness stand at any point in the eN-
amtnaticn although, Of course. the nee
esssity Of calling up some one then pres
ent might possibly arise.
DAYS PROCEEDINGS BEGAN.
The proceedings were opened by MI
Thorn. of the prosecution, who statc,.
that 1t had been deemed best TO swear
ont Il new warrant In which the charges
were slightly amended. This resulted
froE the manner of her going from tho
Cannon dwelling. Mr. Thorn said:
In reference to the matter OF II
warrants. desire to make a statement
The warrants that have been sworn ou.
heretofore have been that they did TAXI
and detaln Mrs. Cannon against her will
for the purpose Of defilement. The
question In our minds is as to the mean
ing Of the words against her Will.
There Is no doubt in the mind Of the
Commonwealth Of making out ever
other factor in the charge. J don't
doubt that on our construction Of the
law 1f her consent was obtained by
fraud and deceit, then there was no
consent; It is regarded as If by force.
according to Minor. 1t is the duty of
the court TO decide whether or not there
is an obligation upon the Common
wealth to prove only the purpose to de
file and take away nut also as to
whether 1t was done against the will OF
the woman. even though she did not
have any idea Of his purpose, and If thu
woman is inveigled to give her conser-
to be in a certain place. behind which
Is Il devilish plot she does not suspect,
whether that is against her will MS pro-
vided in the statute. T don't know how
Your Honor will determine. Because
OF this fact we have sworn out another
warrant charging conspiracy to de-
bauch and seduce the said Lillian Cam
non. It Is the preference OF the Com
monwealth to examine all cases to-
cether"
TO this the defense dclnurred and
sparring at once begun.
Mr.. Neely-"No doubt Mr.. Thom
would like the cases to be tried rs he
suggests. but at present we are only
present to answer one warrant"
Mr.. Randolph-"I want to know what
disposition has been made Of the origi-
nal warrant. We don't know where we
stand"
N1r. Thom-'"There are two charges.
one q felony. the other misdemeanor-
they should be tried in order OF their
gravity"
The original warrant charged a felo-
ny. In which Justice Toml!n has only
cognizance as a. preliminary to indict-
111ent for trial In a higher court. The
second warrant charges msdemeanor,
triable by Justice Tonln. 1t will he
further understood that, should the evil
dence elitited In the present eXamina-
tion point to felony he has power to
bind over on charge OF felony. The
prosecution elected to proceed first on
the misdcmeanor charge.
THEY IeLE.AD NOT GUILTY.
The three defendants were arraigned
and by counsel. entered plea Of not
guilty.
X. w Shultice, OF the firm Of Cole &
Shultice. attorneys. was the first wit
ness placed on the stand
Mr.. Thom--"Were you employed by
Cannon to obtain n divorce for him 2"
II was retained by Mr.. Cannon two
or three weeks ago, but what trans
pired belongs to him. AS his attorney
have no right to tell what he told
me-"
Mr.. Thom repeated his question and
Mr.. Shultice replied that he was en-
ployed by Cannon, but declined to state
the nature OF the work to be performed
Mr. Nicely objected to Mr.. Thoms
question, and Mr.. Heath insisted on
the objection. A this point controversy
arose as to the questions Of the rnla-
tions of counsel and client and priVi-
legged communications. The attempt Of
the prosecution to prove that divorce
proceedings had been begun by young
Cannon was deemed so vital by both
sides that the question OF Mr.. Thorn
was fought hard by both sides.
The text book writer's and decisions
pro and con were quoted literally and
Justice Tomlin finally ruled the pues-
tion admissible.
DIVORCE PROCEEDINGS BEGUN.
Mr.. Shultice resumed the witness
stand.
Mr. Thonl-"Were YOU employed by
Mr.. Cannon as counsel for him In q
suit Tor divorce from Mrs Cannon 2r &