The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-22
NOLLE PROSEQUI
IN DUNCAN'S CASE
The Officer Charged With Grave Rob-
berry in Fairfax Goes Free
IMPOSSIBLE TO GET WITNESSES.
They We're too Widely Scattered over
the Countrywide Community sat
isfcd. as the Result was Not
Unexpected-History ofCasc

FAIRFAX C. H., va. Nov. I.-Spc-
ciaL-Dr. Louis c.. Duncan is a free man
at last. a nolle prosequi being entered
I'm Fairfax county court this morning by
Judge J. VI. Love on motion Of Common
wealth's Attorney c.. V. Ford.
When the case was called at the open
ing of the November term OF court this
morning the prisoner was present, having
lust come IN from his home near Topeka,
Kansas. The Duncan cose was the first
called. and Commonwealth Attorney
Ford said he was not ready for trial.
He had been I'm communication with
some Of the witnesses. but had been un-
able 20 secure the attendance OF material
witnesses. There was no law 10 enforce
attendance, but he hoped 20 be able 10
get some Of them 90 come later, ana
therefore asked that the case be con-
tinucd.
WIDELY SCATTERED.
Ia response to a question by Judge
Love. Mr.. Ford said the witnesses We're
scattered AN over the United states.
Hon. h. Walton Moore. counsel for the
defendant. said he was ready 10 proceed
with the trial. His client was charged
with "A very grave offence. ON the same
charge he had been tried once BY court
martial and the result was practically
an acquittal. Or. Duncan, he said, had
hoped for "a trial ~ he was confident of
acquittaL. lie had made no technical de
Tense and no effort 10 have the trial
postponed. Inasmuch os the Common
wealth was not ready for trial and there
was no indication that IT ever would Doe
ready. the case should be dismissed. lie
spoke Of the long trips half way across
The continent. very expensive D caus-
ing considerable loss OF time from bust
ness. Besides this he was living with
this grave charge hanging over him.
REASONS FOR DISMISSAL
Judge Love said counsel for the de-
-.nse very Justly said the charge was Il
serious one, and the prisoner was en-
titled 10 trial. lie was also ready at the
last court, but the Commonwealth was
not. This was through no fault OF the
commemorative Attorney, as there was
mo- means of securing attendance Of Wit
uesses. The reasons for asking con-
t-iuuauce we're reasons for dismisslng n.
lie therefore refused to grant the con-
tinuauce.
MIR. Ford then asked that a noile
prosequi be- entered in the case, when
was ordered by the court. and Dr. Dun
can released from custody.
NOT UNEXPECTED.
As I stated when the case was called
the last time, there was little probability
II conviction because nearly every Wit
ness lives elsewhere and attendance
could not be secured.
Captain Duncan was assistant surgeon
Of the Twenty-second Kansas Volunteer
infantry before the muster OF the or
eanizatlon on November 81. His com
mand was stationed an Camp Alger early
D., tho war with Spain and was one or
hose sent 10 ThOroughfare Gap about
August LIST. Near Bull Run battleneld
.be Graves OF Major J. Il. Duke. OF the
Cahabra Rifles OFifth Alabama. and
other Confederate soldiers were robbed
teeth and bones of the dead being car
~ied away as relics by ghouiish soldiers.
Dr Duncan was charged with being one
- tho party and was tried by court
m,-.i,t and acquitted. The grand jury
n tbe county Court Of Fairfax indicted
o Cor alleged completely at the Sep
,.v1ber term. The case was continued
the october term and then 10 this
+erm with the result above stated.
TWO TRIPS.
7. hoe heen necessary for Or. Duncan
90 twice make the trip from Meridian.
uan 10 this place 10 answer the charge,
as he was out on bail
The reople OF FAIRFAX Were hd'urally
very anxious that the guilty persons
ho,,td he punishcd. but there was no
Icing against duncan. as the evidence
Inns, him was not strong and he had
r,,cb testimony at the court martial 70
proyr an alibl. Much doubt was also
81, as TO whether. after having been
,ried nv court-martial. another trial
you'll not be in violation OF the constitu-
tlonal guarantee that a man shall no,
"a ,wice placed in jeopardy Of his life
ar liberty on the same charge.
The only conviction that mas Deen Sc
-. 50 that Of Prince A. Wise. OF the
rwenty-socond Kansas. who was SEN
fenced 10 one years imprisonment at
b,rI labor and dishonorable discharge.
wise practically convicted himself while
IN the stand ne n witness FOR me prose-
cu,ion AZ the several courts-mariial grow
ing out Of the case.
THE MATTER ENDED.
Ths unalA matter has probably epdAd