Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-24

counsel where he was. and the answer
/ received was, that was for me 10 find
out"
Colonel McMaster: I repeat il now-
Judge Bond: Where is your client?
Colonel Wilson: / understand. may II
please your honors, when ne left Satur-
day afternoon. that he would return this
morning. | have no information except
what l have received from Colonel Nc
Master.
Judge Bond: Mr. McMaster, do you
know where your client Is?
Colonel McMaster: l beg that your
Honor will excuse me from answering
that question.
Judge Bond: Had you any knowledge
from your client that ne was going away?
Colonel McMaster: | hope your Honor
will not insist upon my answering that
question.
Judge Bond: The Clerk will lay rule
on Mr. McNIaster to answer the question
or show cause why he should not be
thrown over the bar.
There was some delay in drawing up
the rule-Clerk Daniel Horlbeck evidently
frightened.
Colonel McMaster: VIII your Honor
permit me to offer a suggestion?
Judge Bond: I'd rather you would an
sWer the rule.
Colonel McMaster suggested that as he
was ~ show cause why mis- name should
not bSstricken from the roll, he ought, in
so serious a matter, 10 have time TO re-
tain counsel and make proper answer.
Judge Bond said nothing.
The further hearing Of the case was
adjourned till the next day Uuesday,
Judge Bond having decided that the ar
gument should proceed. Colonel McMas-
ter asked whether he should speak. Bond
simply nodded.
Colonel McMaster showed the jury the
! injustice of compelling his client to be
| tried by such a collection Of partisans
evidently brought to convict lie pro
/ tested against the whole proceedings, de-
nounced the conduct of the prosecution
and warned the colored jurors that their
| policy would bring disaster on their race
lie reviewed the evidence, and then said;
"You cannot convict on such evidence
| and no jury except such as we are com
J PEELED 10 have here would convict"
! 1t was the boldest speech ever made
/ In courtroom.
! Or. Avery was found guilty, as a mat
/ ter of course.
Colonel McMaster duly answered tn
rule He was represented by Colonel l..
w Tickling and Mr.. John Waties. Judge
Bond stated that the court would take
the matter under adysement" lie never
decided the case.
DR.. Avery had, indeed, fed the State
advised 10 that course by Colonel Nc
Master, Mr. Louis LeConte, and perhaps
other gentlemen. His bond In the sum
Of 5000 he was compelled TO pay. This
exaction was one OF a series of outrages
upon an innocent man. DR. Avery. on
his trial Though not permitted to testify.
proved an alibi beyond honest ques-
ton. Besides, il was shown by physi-
clans (among them the late DR.. A. n.
Talley) that by reason Of crippled
arm II was physically impossible for DR..
Avery TO have done what tae negro
Postle attributed to him on the occasion
of the raid.
A few months after Dr. Avery's trial
Major Lewis Merrill, commandant at
forkviile, and the actual prosecutor.
stated to gentleman of that town that
there was a reasonable doubt OF the
Doctors guilt. Merrill then declared a
purpose 10 recommend a PARDON Dr.
Avery was afterwards pardoned Some
effort was made To recover the $1,000 for
Ieited, but TO no purpose.
This story of a lawyers faithfulness
TO his client his defiance Of a rufian
judge, and his speech. which, as things
We're I'm these times, evidenced real
courage, will not be considered out of
place among the tributes paid 10 the
character OF Fitz William McNIaster.
JOHN 5. REYNOLDS.