The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-16
CHARGES AGAINST
EMP0RIA Men.
Dismissed Before Com
missioner Pleasants.
ONLY A DRUNKEN ROW
Charge Of Conspiracy in Connection
With an Affidavit.
A WITNESS DISCR.EDITED.
The Case Dismissed After Hearing
Only a Few of the Witncsses-The
Mayor Refused Captain Gee
Warrant Because Hc Was
Drunk-Indisnant Over
Matter ut Einporia.
Charge Of Conspiracy in Connection
With an Affidavit.
! WITNESS DIsCR.E. TED .

PETERSBURG, VA, March 15.-Spe-
cial.-Tlle case against AIessrs. S. Nalen-
tine southall, Jr., J. II. Manning. W. N.
Ruffin, Jr, and DR.. NJ. II. NIcGauShcy,
the Emporia young men charged with
assaultinS Revenue Collector Charles
Gee and interfering with him in the dis
charge of his official duty. was dismissed
by United States Commissioner McLain
Pleasants, OF Richmond, In this CITY THIS
afternoon.
The government was represented ny
Assistant District Attorney j. d. Z. De-
Jarnette and the defence by MesSrs. r.
r. Iassiter and r. B. Davis. Of Peters
burg: w. A Smith, of Richmond. and
w. NJ. Powell of, Emporla.
NATURB OF THE CASE.
The evidence went to show that the
trouble grew out of the fact that the
revenue officer and some of the parties
with whom he had alterations We're very
much intoxicated; that the officer was
generally insulting. and that it was in
the nature of a personal difficulty, and
not case for official action.
The charge against Che young men had
created intense interest and not little
Indignation at Emporia, and fifty SYM
pathizing citizens of that town came to
Petersburg with the accused this morn
ing, and fifteen We're witnesses for the
defence.
GEES STATEMENT.
The first witness for the government
was Collector Charles Gee. His state
ment was to the effect that The went to
the restaurant of Ben. Clark (colored), in
Emporia, on the evening of March Tth
in company with Mr. j. II. Manning;
that while in there he was assaulted by
A. I, ,,,rJ
beat him because he was revenue col
lector.
To the question of Mr.. Davis whether
or not he was drunk at the time. Mr.. Gee
said ernphatically that he was not; that
to the best of his knowledge he had
taken two drinks and a glass of beer that
afternoon, and that when he desired a
drink he took it publicly and did not
have bottle sent to him secretly.
REFUSED y WARRANT.
Mr.. Davis then asked him if he was
not refused a warrant in Emporia be-
cause he was drunk. Mr. Gee said that
he was not; that Mayor L. l.. Deakins
opened book when he went to him for
a warrant and either read or repeated
something to the effect that mayors, ser
geants, justices Of the peace could not
issue warrants ito drunkards or lunatics
and that he said: II hope I am neither
DIR. j. NJ. Burke, Of Petersburg, who
examined Mr.. Gees wounds on Saturday
after the affair occurred on Wednesday,,
said there We're four slight bruises on each
arm made by fingers. bruisc on the left
side over the spleen, and a small scratch
on the forehead.
To a question of Major Lassiters as to
whether all his wounds would have IN
convenienced a healthy child, DR.. Burke
answered no.
BEN CLARKE.
iEen Clarke (colored) who keeps the
restaurant in which the fuss occurred
next testified. He said that two of the
young men We're III his restaurant when
Manning and Gee came in. both vesy
drunk: that at the time Mr. .Southall
came in they were drunk and cursing:
that soon after he heard Gee say: "Do
YOU mean to mob ne?'' Tl.en he heard
Southall say: 'No. no one is after you
but me. and if You were not so drunk l
would beat YOU
On cross-examination Clarke said he
heard Gee say something about young
lawyers and doctors being thieves pr
scoundreis. but could not remember the
exact language: that when Manning and
Gee came in they were SO drunk they
could hardly hold each other up.
AN AFFIDAVIT.
At this point Mr.. DcJarnette started to
hand Clarke an affidavit that Clarke was
said to have made.
Counsel for. defence objected, and Mr..
5DeJarnette said his object in introduce
ing the affidavit was to impeach the gov
ernment's witness. Commissioner Pleas
ants took the affidavit, and after care
fully examining it, said that he had seen
it before, but at the time did not. Know
that he would hear the case, and that
}tno ,fi 1-it
believe anything the witness said
Mr. Davis asked that memorandum
be made, to show that the commissioner:
examinlng the case had expressed an
opinion after seeing the afildnNt
THE PAPER FALSE.
Counsel for the defence then asked to.
he allowed to show that the affidavit was
not Clarke's: that Clarke could mol VT. write;
that it was written py8 some one e!se ,
while Clarke was. locked IN q room, .1il.'
ti;at when it was taken to a notary to
he certified. the notary was told that
& ~, -l,a knew the purport&of Its contents,
and not to read It to i'm, h
,Tbe defence wanted to show that CLARKE
+ d;d NOT know what was in the atildaH.t,
a,,d that it had been made after witness
~ "a been summoned ,Sit having been made
4 ,,ast aritay. The affidavit twas not read as
evidence.
sworn a nd her evidence was Substantially
the same as her husbands. i=#
d Mr. William Harding, sergeant of the
toWns of Emporia. was the next Wit
,es.9ss He said that about O'clock on the
Ertg5tS OF, the row. Ben Clarke sent for him
tn'come to the restaurant. as Mr., Gee
wanted some warrants sworn out, and that
he went to the restaurant.,an "a It from there
Mr. Gee to get the swarrants.Sand after3hes
was IN the Office Mr.. Gee. pulled out his
,,istnl Iand8 gave it to the Mayor ssfssss 81
\ %DRJTNKF3N NJ 4 NJ Q ->r1Ts5PROCuRD
+ "A WARRANTS