Daily press. [volume] (Newport News, Va.) 1896-current, 1898-01-18
The ASHBY CASE UP
Motion to Quash the Warrant
OverruIed.
SUNDAY MORNINGS FIRE
No Proof That 1T Was of Ancediary Origin.
Salvation Army Meeting. Death
OF Thomas Masscnburs.
Other Matters.

The case of the commonwealth
against Mr.. George w. Ashby, who is
charged in warrant, sworn out last
summer by Mr. William III. Br.dgeforth,
with having committed perjury in the
testimony given by him in the action
for divorce tnStLtuted by Mrs. Alice
BrI1lgeforth several years ago, came up
in the County Court yesterday morning.
On the side OF the prosecution are Conn
monWealth'S Attorney Collier, Judge
William II. Mann, of Nottoway, Court
house; Mr.. "A. c. Garrett, of Newport
News, and Ndr. E. E. Montague, OF this
city. The latter yas not present yes
terday. Mr.. Ashby is represented by
Colonel Thomas Tabb and Mr.. Francis
f. Causey.
When the cass. was called last week
Colonel nabb surprised his opponents
by moving the court to quash the war
rant against his Client on the ground
that action under it was barred by the
statute of limitation. He held that
the law sets forth two classes OF per-
jury. one of which is a felony and the
other a misdemeanor. In the former
case. proceedings might be Instituted
against the accused within three years
from the day on which the offense was
committed. but that when the charge is
in the nature of a misdemeanor action
Is limited to one year.
The attorneys for Mr.. Bridgeforth did
nlGt reply to the brief argument of
Colonel Tabb at the time the point was
made, but asked, Judgk, Lee to adjourn
the case until yesterday, when they
promised TO produce authorities to show
THAT he was wrong. They made their
statements good. Judge Lee, after hear
ing the question discussed at length by
counsel ON both sides. overrulSI the mo
ton.
Mr.. Garrett led off with an able angu-
il he ySI.1 h. 10y
bearing on the subj ct. He atIimittei
Colonel Tabs contention that there
are two classes of perjury. cne Of which
is defiD-j as felony and the other as
misd elnS amor, but denied that the Leg
islature ever intended to make any dis
the S tatEte OF limitation The fact
that proceedings against persons
charged With fvlonious perjury must be
commenced within thrse years, while
no limit is laid upon other felonies. Is.
he explained, due to- the nature OF the
the offcnse- STATEMENTS made by men
under osai.in are Mkely to be forgotten IN
the course of time, or to become so
confused in the midst of the multitude
of mental operations Which fall within
the experience cf every man, as to be
of doubtful value In tiers involving
the liberty of individuals. Hence. the
Legislature, in its WISDOM has provided
'ullslt proceeding in cases of felonious
perjury must be commenced within
three years.
mfr. Garrett was ably supporter by
Judge Mann and Mr.. Collitr. Mr.
Causey and Colonel Tabb delivered
strong addresses in behalf of their CHI
eni, taking th*' view that the law cited
asst week covered the case and holding
to that Interpretation s1ndEr which per-
jury as q Nlouly is limited to three
years and perjury as mIsdemeanor to
one
Court adjourned at the conclusion Of
the argument until O'clock in tine at
trrncon. when Judge Lee overrulad the
motion to Guash. MIR. II. C. Ivey was
then called to the stand.
MI. Ivey's testimony was brieT. lie
simply stated that MIR. Ash y's dkposi-
ton, in which 1T is alleged that Mr..
Bridgeforth was seen entering the fur
niturv stora OF Mr.. Birmingham, was
made before him as notary public on
December 4, 1884.
After Mr.. Ivy lent the stand sonk,
sharp legal sparring took place between
counsel concerning tf;e, a!1nissibiiity of
the bill and answer in the divorce suit
as evidence in the present proceedings.
Colonel Tabb vigorously denied the
right of the prosecution to submit thk1
documents. and quoted law to show that
the record in case in which his client
had no part, could not properly be ustH
as evidence against him. MFR. Collier,
and Judge Mann replied that having al
legged certain things they must prove
them, and that it world be impossible
for them to dos SO without recourse to
the record. The point as to the materi-
al!ty of Mt. Ashby's testimony In the
action for divorce could only be shown
in that way. After some time the, at
;tt.rneys reached an agreement by which
the rapsIs were admitted as evidence
ana Mr., Collier began to read tn depo-
sition of Mr.. Ashby. The document il
a .ong one and as 1T will be frequently
referred to in the course of the trial and
all the facts, it contains brought out, 1t
is unnecessary to repeat them here. In
addition to it Judge Gunter's decree in
thsz taivores suit will, with certain alter
atoms which are understood by the at
ttTnays on both sides, be allowed to go
TO the jury toaay.
DID GHOSTS START THE FIRE?
Strange Stories About the Old Sewatl
Mansion.
No one. knows how the fire which de-
stroyed the old Sewall mansion at
Phoebus sariy Sundaiy' morning started.
Until three weeks ago the house was &C.
cupied by man named Wiltoughby,
who had: lived In 1t with his family for
sons time, Since. ile moved out it has
been untenanted, unless it has bSen the
scene of nocturnal revels i'm wdlicf.