Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1899-07-13

themselves by assisting in the prosecution
of SO distinguished man as General
Walker; and if they could, by possibility,
secure his conviction they would establish
a reputation for life. This, no doubt,
made some of them more eager than they
would otherwise have been, and they
were led thereby to take many positions,
both as to law and facts, that were grossly
erroneous and unfair. If they were eager
to protect Rhea and his co-consplrators'
the very course they pursued only at
tracted more attention to those whom
they were trying to protect; and notwith-
standing the court would not, at any stage
of the proceedings. allow the defense to
introduce proof of conspiracy, enough
was brought into the case to create tlrm
belief, in the minds of all who heard the
evidence, of wicked plot to injure or Kill
General Walker.
When distinguished citizen commits
crime without provocation, and mali
ciously, he should receive no considera-
ton that is not extended to the humblest
citizen. The greater his opportunities
and the higher his position the greater his
responsibility. But when an old and dis-
tinguished citizen, one whose record as
man, as a soldier, as q lawyer and as
politician has been such as to make him
honorable and distinguished, is accused OF
committing crime, lis proper to treat
him with the same generous consideration
that is accorded the humblest citizen.
This is especially true when it is plain
that the act was provoked by systematic
line Of conduct, pursued by his adversaries,
made up of personal abuse and tie appll-
cation of numerous vile ephithets. In
General Walkers case it was plain, in the
early stages of the trial, that such line Of
conduct had been pursued toward him;
and that ne had submitted to taunts and
insults, numerous and CALLING, rather than
do violen: act. 1t was further shown
that he made no assault until he was con-
vinced that his personal safety demanded
prompt action. This being true, the char
acter of the prosecution was bitter, vindic-
tive, unwise, and at times disgusting.
1t so impressed unbiased bystanders, it
must have so impressed the jury.
The trial was not concluded until $3.50
O'Clock on Saturday night. The jury was
out from ten to twenty minutes, and when
they returned with tue verdict, it was, as
confidently expected: eve, the jury, find
the defendant, Jas. A. Walker, not guilty, las
charged in the indictment"
While the trial was in progress General
Walker constantly had by his side some
of his staunch friends from different por-
tions of the Congressional district. Among
those present, were H. c. Joslyn and Geo;
w. Blankenship, of Lee; W. E. Hoge, o.
Scott; ]. II. Meade, of Russell; c. c. Lin
coin, of Marion; Hon. I. NJ. Anderson,
United States District Attorney: and COL
joseph Harrison, Capt. Henry Bowen, G.
]. Barns, ]. I. Barns, ]. o. D. Copenha'
yer, and VIM. C. Pendleton, of Tazewell.
There were others whose names we cannot
now recall
There were many battles Of words. be-
tween the opposing counsel, over the IN
PRODUCTION of evidence by the defendant
and "we object" and objection sustain
ed" where objections were raised by the
prosecution, occurred so often as to become
both monotonous and amusing. They al
most became by-words with persons at
tending the trial. One person would NEE
another aud say, 81 object and the 9th
| er would promptly respond, objection
: sustained" 1t was fight from start II
, finish on the part of The defense to get IL
what it believed to be important teslimo
nv. Much that was considered not on
e proper but material was ruled out by tn
e court. When the defense proposed to eS
hibit the wounds of General Walker, mad
e by the pistol shots of Geo. E. Davis,
=, contradict the testimony of Davis, Stone
/ Rhea and others, who had testified ths
1 Davis had shot Walker in self-defense
II part of the counsel for the Commonwealt
), objected. Judge Curtin admitted th'
d it was proper evidence, but the court su
is tanned the objection raised by Ashworti
Il holding that it was immaterial eVidenc
!, When the ruling was announced wa,
e of dissent was audible in the audienc
= which must have awakened in the min
e of the court the injustice that was beir
d done the defendant. The court in fe
!. minutes requested that the question
g exhibiting the wounds should be raist
n again upon the grounds of res gestde. Th
as was done, and the argument thereon W
a. not completed until Friday morning. !
the conclusion of the argument the cou
ID ruled that the wounds could be exhibit
d. as evidence. Davis, Stone and others hi
V, sworn positively that General walker W
e. facing Davis when the latter shot hi
.'s that he had his pistol in his hand, 81
ne smoking, and pointed in the direction
I'd Davis. This was to sustain the plea
o. self-defense set up by Davis at his tri
of and upon which he was SO promptly
in Quilted by partisan jury cotton up
he Bristol. When those wounds were show
.ir and their nature explained by the t
ct, physicians that attended General Wall
Iu. when he was wounded, Drs. Pearson a
its Vance, we were not astonisbed at the st'
born fight made by the prosecutors
bv keep the wounds from being shown to
Dr. jury and the audience. 1t is we'll sett
]. principle of law that physical marks
H. loot e,idonoa In this instance IL