The times. [volume] (Richmond, Va.) 1890-1903, 1898-10-18

| FAIRFAX G. H., Va, oct i"-"i
| The case OF Dr. Louis G.. Duncan ch''s-
ed with grave robbery. was called imtne-
diately after the opening Of the OCTOBER
term OF the Fairfax county court TINS
morning and continued until the Noyem'
Der term on account OF the absence o.
material witnesses. Dr. Duncan was rec
ognzed for his appearance az tho ne~'
term of court
THE CHARGE.
The defendant is assistant surgeon m
! the Twonfv-secOnd Kansas volunteer lh-
! fautrv. with she rank of captain he was
| arrested I'm August charged with penie
| party to the desecrau9n and robbery "t
| the grave OF j. r. Duke. a memoer 90.
the Cahaba Rifles. who was buried near
where he was killed 40 one of the Dai-
ties az Bull Run. Duncan was tried by
court martial and acquitted and an DID,
dictment was brought against him al th7
August term of the Fairfax county court
The case was continued 90 tne OCTOBER
term.
COMMONWEALTH NOT READY.
DR.. Duncan was ON hand this morning
when the clerk. Mr.. j.. w. richardson
called the case
rho prosecuting attorney Mr. G. Y.
]
witnesses on account of delay IN get
ting a COPY OF the records of tho court
martial The records contained list OK
the witnesses he wished 20 have sum
moned and the War Department had
promised that COPY should be tutnl7neo
as soon as the original was received rs
thought he might be able 20 get lne re-
ord by tho next term ~ court tie WISH
ed 10 have fifty or sixty witnesses SUM
moned aud so far haa been able to- scr
only eight or ten names. Mr.. Ford said
he had done the best he could ana he
hoped 10 De ready by the November germ
Of court.
Hon r. Walton Moore. counsel for
| Dr. Duncan. said he had made itue
! preparation for the case because ne h'o
been told BY Mr. Ford that the case
would I'm an PROBABILITY be continued
The remarks just made by the prosecut-
ing attorney indicated that there was
much uncertainty as 90 whether the at
| tendance of the Witnesses could Too See
cured at the November term. HIS
clients regiment was NOW in LeaNen-
worth Kan. and he had % come all the
wav from that city go appear for trial
to-day n was am expensive UP ana
and Dr. Duncan a poor man ana DC Wta
hardly fair 20 require him 10 return ~
November If the case was not 10 %
heard then Not only that but the oX-
penses on the county would Boz greatly
Increased. He asked that the case go
over until December.
OUTSIDE THE STATE.
Mr.. Ford said IL was highly probable he
could not be ready by November He
did not even known. Doe said. what Wit
nesses would be wanted and AIN of them
lived outside the State.
County Judge j. NJ. Love who presided
....... tb. ,s.ftrf said % the vii uUaaDe
sided out Of Virginia there was no pro-
cess which would bring them here.
During the discussion Mt Moore said
most OF the witnesses were from Indiana
| and that If the case was continued on
| Indefinitely 10 would bring the courts eX-
penses Of the county beyond ait precef-
ent. with regard 10 the record for
which Mr. Ford IS waiting be said this
court was not dependent on the court
martial. that court had decided Dr. Dun
can was innocent
INSUFFICIENT EVIDENCE.
Mr. Ford admitted that the testimony
on which tho Indictment was based was
not sufficient % secure the CONVICTION
| of Dr. Duncan and that his cise
would be lost unless he could secure
some of the nonresident witnesses. TO
had been informed hy ana official at the
War Department, who heard the evidence
before the court martial that sufficient
evidence had been introduced there 20
convict the defendant.
JUDGE LOVE ENDS 1T.
Judge Love ended the matter with tho
statement that DR. Duncan stood indicted
for a felony and was entitled 10 a speedy
| trial. n witnesses had been unable 20
attend on account Of sickness, he would
be willing 10 continue the case longer
! hut I'm this case they were outside the
, | state and could not Doe required tO come
/, | 10 court against their viii. He, there
fore. continued it until the November
, term and said IL the prosecution was not
then ready the trial would proceed.
CAN CONVICT HIM
Mr. Ford feels sure bee can prove DR.
Duncan not only c0uniendnced the grave
robbery. but took part in the dissIhs' II
ne can get hts witnesses. inc present
outlook bowever. IS that the case will b.
. o1',ed +, Novernber and either nolle
prossed or a verdict N acquittal returned
bv a Jury after brief trial
DIR. DUNCANS STORY.
D- Duncan said to-day that on the
r ,,,,rnina, OF August 9Th no saw some men
,rbom he did not recognize digging 10
q I the ground. but thought nothing OF it
This was about two or three miles from
% Prfl Pun battlefield and he was not aware
that there was a grave IN tho vicoinity
Bic did nor recognize any pA Ait' iiA''t.f
NOT know 20 what command they belong
81 nor what they were doing.
The real robbery occurred later N TIE
dav. according 70 the testimony ~ other
officers before the court-martial says
DR. Duncan. and he says he proved ne
was in camp at the time named. by VII
nesses.
THE PRISONER.
Dr. Duncan is about five feet nine incnes
I'm height and weighs about $50 POUNDS
He has light red hair and moustAch
Of deeper red. He is slightly stoop-
shouldered While II is natural mat ne
should have a somewhat troubled look
with the grave charges against nim' MS
face IS by no means unattracuFe' ana
he would not be picked out as Knoul.
Ills manner is quiet and reserved ana mis-
department above reprOach
The people OF Fairfax are naturally
anxious that the guilty persons should
be punished but there is no teeiinS
Il against Duncan as far az can be learned.
. Every one IS disposed 20 await tho &C
!" ton OF the court.
Dr. Duncan has SLIGO on deposit here
n 10 secure his bondsman. r r..
TO- -------
DEATHS.
r DOsWELI1-Died, az the old Dominion