The Montgomery advertiser., 1901-11-21
DR. CROSSE AND'S TRIAL
JUDGE WINTER AsxxD x1srIR.
 DAY FOR CHANGE IN DATE.
Judge Thomas overrulsd the Notion and Said Resident Counsel Was Fully Able by Himself to De-
 lend pr. Crossland.

Judge W. H. Thomas of the City Court, yest&rday overruled motion to reset tne date for the trial of Dr. J. II. Crossiano' charged with assault to murder and car. car snf f.a. sInseisS ss sas.. pfGa a M..r "Ss sns of the counsel for Dr. Crcssland.
 The principal charge against Dr.. Cross land is based Upon the recent shooting A. A. Wiley. The trial vas set for No- vember %. before Judge Thomas.
 Yesterday Judge Winter appeared be- fore the Court and stated that the de- N. Miller of Camden and Hon. A. D. Pitts of Selma. The trial, he said, had been set before these sttorneys had been consulted. He exhibited letters from
 ns n wssa SI s. sss s sas hsrs s0ud on 18th. Mir. Miller stating that he could be here on the 4th 3r 9th of December, or after the filth of that month. and Eiving could not attend on the 18th of Novem-
 Judge Winter also stated to the Court that the case had been eet down for trial not by the Clerk, but by the Court. on An exparte application of the states counsel. and without any notice what ever to him or the defendant theush It counsel for the defense, and was In easy reach of notice: that the defendant had rights as we'll as the State; that the C9ns%ton Q. sne sa.e to tns accsed the right to be heard by counsel of his own selection; that 1t was not his pur- pose to delay the administration of jus
 ss or to ssys Ss ..e ae asan or ing on . date that would suit the req sonable. convenience of all parties.
 To this the Solicitor replied. that Cap
 aS. s1 wey s: p.rts o sss in the army. and that if successful, he might be ordered away and his presence
 might never be obtained thereafter. ne Ss.s most n. s'sss ss sssr wasss s tSs ss Wiley. the Hon. A. A. Wiley. was . Congressman, and after the date set for the trial. he would necessarily be in sss. y oss snsa she ass was most important witness for the prosecution.
 The statement of Judge Winter to the sfeHt that the case had d been sst outs,ss ss denied by the Solicitor. he instanctng that even in capital oases he usually nx- ed the date of trial. To this Judge Win that while he had not had as much sx- perience as the Honorable Solicitor in criminal causes, yet he had had great deal of experience, both as an attorney ienged the Solicitors statement especial lv In reference to capital cases. saying that there was no instance of record where such a case had been set for hear ing without the actual presence Of the him or his counsel.
 Judge Winter insist ed that the conven- fence of the State or of the States wit orabie Congressman, or the sons of con- pointment in the army. should not inter fere to the manifest injustice of the de- or how ever the gravity of the charge, especially where the great constitutional right of selecting counsel for his own defense would thereby be disresarded. a continuance. or any unreasonable de- lay, and that while Captain Wiley might probably receive his appointment in the army. and might possibly. for that req son, be unable to attend at a future day, which latter proposition was about as improbable as death intervening In the meantime, he would now, in open Court. agree: that If for any substantial req. any future date. his testimony taken down In writing before the committing magistrate. could be introduced in evi- dence on the trial, he waiving all tech nical objections thereto.
 To this the Solicitor replied:
 ''Yes. you would like to have 1t that way"
 JuQBc winter TetOEtea'
 T know that you would not, for you want to mend your hold"
 Judge Winter concluded by an earnest appeal to the Court in the name of right and justice, to grant his motion, stating that he congratulated himself that his client was not in the hands of partisan prosecuting attorney. but of Court who should be absolutely impartial and un- swayed by clamor of counsel or public opinion.
 Judge Thomas thereupon promptly over ruled the motion, saying that while de- fendant might be thereby deprived of some of his counsel his resident counsel was fully able by himself to represent the cause of the defendant.
 The date of the setting of these cases therefore remains unchanged