The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-08

Mr.. Miller, counsel for the defendant, pre-
sented an affidavit setting forth that VIM.
ii. Wilson, fearing and believing that he
cannot obtain a fair trial in this couIFty,
and that as an attempt has hecn made
to burn his house while he and his wife
and children We're therein; that an at
tempt has been made in this county by a.
body OF armed men to lynch him: that
the sheriff has been compelled to call
upon the Governor for protection, prayS
for a change of venue to some other court
in this Commonwealth.
Sheriff +. NJ. Jones testified that as an
attempt had been made to take the pris-
oncr by force from the custody of the
law, he believed a military escort neces-
sary for his protection, but that he was
confident the prisoner could get a fair
and impartial trial at this court. That
the citizens were no more enraged tia n
they would be if the crime had bean
committed in some other county
CHANGE OF VENUE REFUSED.
Walter Watson opposed the motion for
a change of venue, and emphasized the
fact that punishment should be admin
istered where the crime was committed
That the prisoner could not be removed
because the sensibilities of the public are
excited Mr. Miller made an eloquent and
inpassioncd plea in behalf of the Dris-
oner. maintaining that a fair trial could
not De given the prisoner with soldiers
around him with fixed bayonets and the
clash of arms in his cars, and that ii the
prisoner were forced to trial 1t would be
an act unprecedented in the history of
jurisprudence.
Judge Goodwin oVerruled the affidavit,
maintaining that the presence of the mil
itary is for the protection of the prisoner
and the laws of the Commonwealth, aud
that the prisoner can get a fair trial IN
this county.
FOR CONTINUANCE.
The defense then moved for a contin-
uance till some other day of the term, in
order to allow defense time to prepare
its case
Judge Goodwin overruled this motion
also, saying the name of no material wit
ness had been given. Defense then asked
for continuance on account Of the alb
sence of Minnie Y. Brown, OF Portsmouth,
sister of the prisoner. She was not
deemed a material witness, and the mo-
ton was overrulcd
Miller. for the defendant noted eXcep-
tions to both rulings preparatory to TAX
ing the case to the Court of Appeals
Miller also demurred to the Indictment,
as the date of the offense charged did not
appear. Demurrer overruled.
THE JURY
The case was then proceeded with A
venre was summoned and the following
jurors enpanelled: Joseph J.. Vaughan,
NJ Is. Leath, NJ. a. Wright, j. T. Borum,
w T. Hu ubbard. r. 4. Green, C. w. Ham
ilton. Daniel Schweetzcn, j. w Cary, j.
T. Robertson, 3. T. Hooper, John S. IN
gram.
MRS. WATKINS.
The first witness and the only witness
OF the alleged attempted assault was
Mrs. w. 7. Watkins
She testified as follows: Last Monday
two weeks ago about the middle Of the
morning L was at home, with my little
boy, aged six years, and my infant. VIII
son ciHtne to my husbands barn to strip
tobacco. The barn is fifty yards from the
house Wilson was working a share crop
with my husband. wilson had no busi-
ness with me when he came to my house
wilson came to the cool1-room door. asked
me lfor ID piece of meat to grease his
hands. 3 went to the closet cut off Il
piece and handed it TO him in my right
hand Ny little boy was with me in the
cook-room. AS turned from him. Wilson
grabbed me by my right arm, attempted
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