Daily press. [volume] (Newport News, Va.) 1896-current, 1898-02-19
ASHBY CASE ENDED
One Minute in Jail and Five
Dollars Fine.
MOTION FOR A NEW TRIAL
Why the Charge of Purjury Was Pressed
Judge Lees Fa :rness in the Case.
rutherford Discharged
from Custody.


HI TIE AShoy case, which began in the
county court nine days ago, reimn5G, a
verdict Of guilty. and fixed the punish
lfaSnt ,f the "a cuseH at oIie ul...ute in
jail and a fire OF IS. Mr.. ASnby and
his counsel, CLlGnel Taaofo and MIR. Ca,l-
sey, "e.'e unmoNeI' by the announce
mGnt. The long absence of the Jurors
10 whom r.Je case mad bSsn committed
Il" ariy five hours before, hid evidently
PREPARED them to hear tGat they had
.Cst. There was E,J demonstration but
ttte.e "plLl have l,4en hai.' not Judge
Lee WARNED tx crGwd in the chamber
that eNir eiS,S-Cns OF appreciation or dis
approval must i:.L'l be .n.ui..,d ii. Wnan
the jul'-rs .upped for admission to the
Iount-iSon the t.T>ng of spectators
outsl-e the bar incl. sure s.urged to ard
FRO Tor moment and then as one nan
mounted t.ae beaches. If Ashoy had
tSen On trial for his life they could no,
nave Sh2w-' greater interest IN the event
that was eI1out to tlanSptue. GnSt:
Eerched on the rickerty SEATS. however.
th'y becana cI.et Then Clerk Harry
Holt. taking up a Li'atte of Write lap-r
which the foreman mad laa1' an his desk,
read the verf.lt, declaring Mr. AShhy
guilty as Charged in the warran, and
fixing his puEi-S5ne-r at a fine of s.. In
an in.a;2i.t Ju sc Mann and Mr.. Garrett
"S:.S en- Their Gi5'2t and ca!aed the atten-
lion of the court to the fact that the
Jaw required Eat the accu>,-I re impris-
oned as MSll as fc:td.
Can We make the imprisonment any-
thing We tla>2?'' asked a juror.
YES su:hi' Mr.. Ger1ttt, You can
make ii OK asilute If you chos Sc
The jury then retired, but quickly re
tul;.sd With TIE umsnited verdict.
Wr-n the fbuS'tie that full, wed the fl
.!,, announcement s,lbsided Colonel
T;.Ei5 al0sa and fiaeii a mott. COR a new
trisl, Ipa.s>i upon l1,.a following sr.untis:
l. FIR rejecting certain jurors
2. FOR permitting the jury to take a
view If the PR nlilses a,ma' to make a t.s;
without giving certain instructions
therefor
For refusing C.zItain insiruc lions ask
ed for by the defense.
4. For su anting certain inst:u ii ms
I'M lieu thereof.
.. bs1aus; the verdict was contrary
10 the law ard the ev.d<'nce.
s. In arrest of Judgement.
T..esa L -'.ntS Co~onel Tabh and Mr.
NaESey VIII argue at a future day.
The s'lSe- IN making c.y.3-' yesterday
>'a, l't.y after l o'c.Cck, at Which time
Judge Mann finished ore Of the ab!est
arguments ever heard here. II IIuL ii
srSat 81 ech to answe:. chat delivered
by CSll'nel Tabh the evening beG.-L.e. au,
no one kt.'e'N this Better than IT,. ,.c-
comptLs'he,.' attorney from Notu-wly. l;
Would lbs Impossible to give 5ven a en-
d~nssd out."s of Judge MaHn's address
IN less sE2Ie than a column Of the Daily
Press. E'e ttuk up the various argu-
meHtS udNaEced Ny C.I-ne1 TabD and
Mir. CanS, y aE!.' answered them in u
hammer which lett its evdeGt impress
upon the MINIS % the Jurors. He he'd
uI tie 'SViden'-e for ard against his Gil
snt in its varhcus shadEs an. colnrs,
wound tie coils of a powerful a. UNI Mt
around his own and t0S:.~i tha oltGt
.-s!de as If 1T We're lat the ghost Of what
IL had been on the previous day. Iie
SID that had stranger enierd the
sGun12er '.'uEing Colone. Tabb's spsSch
ne Would have supposed that Br.Lge-
forth was tbs n,:n on trial instead Cf
Ash'by. He declared that he cau.d res,
the case on the testimony of AShby
acne a;.I convict aim. Then he spoke
or the motive a%degSd 10 undSrl.a tEe
act Win '"llAch AshDy was charged and
Is islat:Sn TO other things Now and
'ohen. by apt quota tilas. he showed MS
iathl..aEIty WIZ Roy Writ. Addressing
Aaif'seM TO reference made by Mr.. eau
Ssy 10 fAh!anam, ne began with the pa
trarcn, an absolute monarch, .lad Snow
60 hSW s3ci@!y rad grown and human
soserhii!s!.t come with its blessings and
SiiSSualuS 70 man, ara now that gov
ei!!li-SIt Woc4d De eaGiEgerei We're tn.
tIin| OF lisrJury to go unpun.S..ad.
AGAINST "hcch the ksites't and most eX-
.h'sea juHSe was rowsr1esS. Judge NJ ann
SPOKE more Chan two hours ara Ml.en
Ie SHoSeo II was pain &c be seen thar he
nad made profound impression upon
ne spectators
'udse Lee then Rad the instructions
10 the JURORS ana they hsed out to their
t toUn.'' Mlsie Icy reh!alht.d unt'!! the