The Washington times., 1901-09-11
SPEECHES TO CONTINUE.
Virginia Convention Retains the
Committee of the Whole

| Committee of the whole.
| RICHMOND, Va, Sept. 1o-There was
/ no effort when the Constitutional Conven-
| ton met today to press the motion OF
| Mr. Keezell TO reconsider the action of
| the convention abolishng the Committee
| of the Whole. 1t was agreed that pend
| ing the disposition of the motion to
consider. the entire matter was in abey
ance. and the Committee of the Whole
would remain in operation. The contrary
was held yesterday.
| This original motion was regarded as
designed to operate against unlimited de-
bate no motion for the previous ques-
ton can be made in Committee of the
| Whole, and there is no way to stop the
| flow of elequence that is in reserve.
1t is sifinigcant fact that in nearly
every case the chairman of committees
| voted in favor of the abolition OF the
| Committee of the Whole and it is likely
that they are inclined to see the period
of debates considerably lessened.
| One of the most interesting facts that
has developed during the committee meet
| ings is that every committee having be-
! fore it the election of officers by the peo-
pie. mas decided against such step. The
| ComE.ittee on judiciary is opposed to
| the election of judges by the people: the
| Committee of Executive Departments has
voted against electing the Treasurer, Au-
ditor. and Secretary of the Common
| wealth by the people, and the Committee
on Education does not favor the election
| of school superintendents by the people.
| 1t has been thought that considerable
debate would be brought out on this sub
ject, and the elimination of the Commit
tee of the Whole might operate to prac-
ticaIly limit the debate to statement by
| the chairman of the committees. 1t is
said that a majority of the convention is
| against the motion of Mr.. Moore, and
| that the unlimited debate will go on. at
| least for the present.
| AT noon President Goode called the con-
vention to order and prayer was offered
by the Rev. C. L. Bane. He referred to
| the Presidents condition. Seyenty-nine
| members were present
| Mr.. Richmond, of Scott, presented a
| memorial from the Clinch Valley Baptists
against any appropriations for sectarian
schools, and another for the prohibiting
| of sale of intoxicating liquors.
Mr.. O'Flarerty presented similar one
from the Shenandoah Baptists. and ]. *.
Anderson three memorials from Allie
ghany and Highland Counties regarding
the clerks of courts. and also from Cow
ington, lodges of Maccabees and Masons,
| as to taxing their property.
The convention then went into the Com
mittee of the Whole on the Bill of Rights,
with MIR. Turnbull in the chair.
! Judge Green, from the committee, re-
ported a section providing:
| That in all capital or criminal prosecu-
tions a man hath right to demand the
cause and nature of his accusation, to be
| confronted with the accuSerS and wit
! nesses, to call for evidence in his favor.
and to a speedy trial by an impartial jury
of his vicinage, without whose unanimous
consent he cannot be found guilty. nor
shall any person be twice put in jeopardy
for the same offence: nor can he be COM
| PEELED to give evidence against himself;
| that no man be deprived of his life OF
liberty. except by the law of the land, or
| the judgment of his peers. But upon
plea of guilty by the accused in person,
or without plea of guilty with the con-
| sent of the accused and of the Common
| wealth entered of record, the court may
hear and determine any criminal case
| without the intervention of a jury: and
the General Assembly rIay by law pro-
vide for the trial. by a justice of the
peace. without jury, of persons accused
of criminal offences not punishable by
death or confinement in the penitentiary,
but in all such cases the General Assem-
/ bly, shall preserve the right of the ac-
cused to an appeal and trial by jury in
the appellate court.
Mr.. Petit. of Fluvanna. moved to
strike out the words: But upon a plea
of guilty by the accused in person or
without plea of guilty with the consent
OF the accused and of the Commonwealth
| entered of record. the court may hear and
| determine any criminal case without the
| intervention of jury. He argued
strongly against the abolition of jury in
any case.
The intent of the committees amend
nent is to avoid expense where a prisoner
! pleaded guilty.
The convention voted down Mr. Pettit's
motion.
Mr.: waddill offered an amendment
| which was designed to allow the waiv-
ing of a jury when a plea of not guilty
was entered in cases not capital.
Mr.. Braxton offered substitute, which
allowed the waving of jury when ac-
cuse pleaded not guilty, except in felony
cases He made a strong speech. hold
| ing that such waiver WIS nature of
contract which a person charged with
crime had no right to make. He was
| willing to have jury waived when a man
pleaded not guilty In misdemeanor cases.
and also in both felony and misdemeanor
| ther. He said that expense was not
worthy to be considered when the ''palli-
dunn of our liberties is attacked.
Mr. Waddill followed in a speech
against allowing the waiver of a jury in
capital cases. He also held that when
a man pleaded not guilty he should have
counsel.
Mr. Parke spoke in support of the COM
mittee's report. He held that when
prisoner wanted to waive jury and his
! counsel and the Commonwealth agrees,
he should have the right to do it.
Mr. Meredith stated that he would op-
pose Mr. Braxton's substitute, and felt
more inclined to accept Mr.. Waddill's mo-
ton. He favored the waving of jury
with consent OF the prisoner in all cases
/ except those involving his life. He did
| not think the responsibility of death
! should be upon any one man. Judge
Green accepted an amendment 10 this eff
| feet
| Mr. Braxtons substitute was voted
| down and pending decisive vote on Mr..
l .6A n1n mi fat
and adjourned at O'Clock.