Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-13
FOR A NEW TRIAL
ARREST OF JUDGMENT ASKED FoR
IN THE LACY CASE.
SEVERAL GROUNDS OVERRULED.
Judge waddnI VIII Decide the One
Remaining Point This Morning-A
Not In Accord with the Verdict.

Judge Waddill will render decision at
10 o'clock this morning on the competence
of the motion made to set aside the ver-
diet in the Lacy case as being contrary to
law and the evidence.
The motion made by Mr.. Edgar Allan
at the close Of the trial on Saturday night
last. was supplemented and argued in the
United States Circuit Court at some
length yesterday afternoon.
District Attorney White, with his as
sistant, Mr.. b. Rand. Wexford. again APP
| peared for the government, and the AL
lans. father and son, were assisted by
| Mr.. Charles L. Page. of Manchester, who
appeared at this stage of the proceedings
as a friend of the prisoner and OF the
family into which Lacy married last
June.
The prisoner was brought into court
and occupied seat behind his counsel.
! GROUNDS URGED FOR A NEW TRIAL
Mr.. Edgar Allan, who opened the argu-
ment asked leave to add to the motion
| already made after-dscovered evidence
| as ground for setting the verdict ASIDE
! and he further submitted q motion TO ar
! rest judgment on the ground that the
| prisoner was prosecuted as govern
ment official who had betrayed the trust
imposed in him, while the indictment was
not drawn under section 5467 of the Re
vised Statutes, which refers TO post-omce
! clerks, but under section 5i69 which Is
general in it's terms and application.
Concerning the matter of after -discov-
cred evidence, Mr. Allan said 1t was not
within the range Of possibility 10 have
utilized the testimony he could now pro-
duce during the progress OF the trlal.
Stress had been laid by the prosecuting
attorney on the testimony OF one OF the
government witnesses that the floor Oh
the post-office in front OF the mali-poxes
had been swept on the morning OF Lacy
arrest about o'clock. The Janitor OF the
building would have directly contradicted
this evidence. Counsel said he was fur
Their prepared to submit an affidavit show
ing that during the progress of the tfiai
about twenty of Father Donovan's letters
had been found in another box, ana that
some letters had been misplaced just as
Lacy had claimed the one had been mis-
placed that he picked up. and that leo
him to take Father DOnovan's mail to ms
desk on the morning he was watched py
government detectives This evidence.
| counsel argued, SDOWtu ~ SNeeS -
and circumstances thoroughly In line with
the statement of the accused
Mr.. Allan made the motion for arrest
Of Judgment on the fourth count or the
Indictment, which charges that accused
did feloniously steal the mail OF Father
Donovan. Counsel emphasized the WORD
mail" and said the count should nave
contained specifications as 20 what guam
tity of mail was stolen.
HOW THE MAIL GOT MIXED.
Referring again to the affidavit con-
n | corning the mail OF Father Donovan, Mr.
Allan stated that Mr.. W. 70. Barrett an
employee Of the Virginia Carolina Chemi-
cal Company. found twenty letters in the
| company's mail last Saturday addressed
TO Father Donovan. Some were opened
by accident before the mistake was dis
covered. and they were found to contain
a remittances. Continuing. he argued that
tina verdict was contrary 10 law ana EVIL
go dence The testimony was surrounded
with doubt and while there were strong
. circumstances they had been met with a
reasonable explanation, and the doctrine
Of former good character certainly ought
b to be applied in this case.
\ Mr.. Allan went on TO say that the YER
D dict was contrary TO law. for the Dis
trict Attorney had. in the presence OF the
Jury made a motion to discharge them
, because they haG tried case the uay
= before and acquitted man charged with
y breaking into the Clarksville post-of1lce
n which they could not have done IL they
believed the statements Of the govern
n ment inspector, who was one or the pIln-
o cipal witnesses in the Lacy case. Inc
IS Judge himself had expressed surprise al
"a tbe verdict. and the jury, having heard
the condemnation of the District Attor'
~ ney and the rebuke of the Judge, mus,
re have felt their weight in arriving at tne
" verdict in the Lacy case.
N JUDGE WADDILLS RULINGS.
D. At this point Judge Waddill interrupt
N ed the argument. and said that in order
ST to curtail unnecessary argument ne
N would decide some, at least OF the points
raised by counsel at this point In the pro
~ ceedings He did not conceive IL 10 D'
% | true that the motion Of the District Al
N torney and his own remarks as to tn
al verdict of the jury in the Clarksvill'
A. case had any undue weight with TIT
le iury. Only one or two members, at TIT
n outside. were included in the panel which
pc SAT- in the Lacy case. The effect OF TN
- motion was that the government oincial
w wanted something done that was Vigor
or ousIv opposed by counsel for the prison
~ err and their demurrer was upheld.
n, The District Attorney moved 10 sum
~ mon another Jury, BECAUSE lHe NSiuiSl y
ID the dav before was improper. The Judge
VI conclusion and statement did not fohoS
no from what the jury did in that case, be
d. cause there was nothing In the conduc
e. OF the Jury that would warrant their dis
Id charge. With that view, Judge Waddil
o. said he could not think of disturbing IN
n6 verdict on this ground
~ On the question of after discovered evl
pre- dence. Judge Waddill said that the rul
he was that the evidence must be material
n must be discovered after the trial. an
es seem likely to lead to another result IN
ne question as to whether the floor was o
was not swept was not material eli
III cumstance. and the fact might easil
have been introduced during the progress
. of the trial. =,
The affidavit of the employee OF tn
Virginia and Carolina Chemical Compan
,r az 10 the misplacing of Father Donovan
~ letters was not material and would nc
have been evidence in the case at al
IT, Therefore. the verdict could not be Gil
turbed on this motion.
rs. AS 10 the motion that the verdict WI
contrary to law and evidence, Judi
rs Waddill said that the law was so W.
or settled that 1t was almost useless
as discuss II. 1t was peculiarly jury case
DO fu1