The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-19
EVANS APPEARS IN
VIRGINIA'S FAIR name.
CONTINUED from First Paee.3

CONTINUED from First PaGe)
to-wit:. the slst day OF July. the trial OF
said Indictment was begun peiote s aA'
Judge Wood. and the said accused WAS
then and there tried by jury drawn i'r
the most part from list iurnisheo w
him. AGAINST the protest of your petit
,,oner.s counsel. Said trial continued for
three DAYS and at midnight OF the Sec
ond day OF August, that being Saturday,
sd Jury brought in a verdict OF NOT
entity, the same being in the face and
teeth OF the law and the evidence ad-
duced during tho trial by your petit
toner This verdict was sustained by the
tr4al court and the prisoner discharged
In contravention OF the laws of this land
and against good conscience. as will ap-
pear from transcript Of the record OF
the proceedings. to be herewith exhi-
o!ted.. Your petitioner is advised and
represents to this honorable court that
said judgment is erroneous asd that the
Commonwealth is aggrieved thereby in
the following particulars. namely:
l.
PICKED JURY.
In that said accused did choose and
select the grand jury to find the indct-
rnent in this case. which this petitioner
submits IL unusual unheard Of and OPP
posed to all the principles of the COM
mon and statute law Of this land. Fur
ther your petitioner shows that. accord
ing to the testimony of the accused him
self given as a witness in his own be-
half in the trial OF the said case he
admitted that he packed said jury for
the purpose Of having himself indicted,
using the following language:
Something has been published about
S,,,-, n,
plain that point. drew It, and If you
call 1t packed in that way you can do it.
took six enemies and one friend l
might say I was In an embarrassing po-
sition, and packed the grand jury
against myself. I think some reporter
here stated that 1 was indicted by
grand jury Of my own selection. That
is true and II you want to know the
facts / will tell you. / was embarrassed.
The law requires the county judge to
draw the grand jury. OF course no WIS.,
itng judge could come here and from
the bystanders get a grand jury, and
drew from the list seven gentlemen
well. there were six political enemies of
mine. / drew seven gentlemen. and six
were against me politically and one for
me, and they indicted me, and I wanted
an indictment. Regardless Of what may
have been said by my counsel, / never
wanted to be tried by magistrates
court Y cnted twelve jurymen of my
county 10 try me-
See stenographer's report page 37S
In that the said E. n. Wood, who acted
as presiding judge in said trial, did SO
without authority of law, he having
been chosen OF so act be the accused.
The only statute applying TO such a case
being section 1889 of the Code, makes no
provision for such selection and there
fore the acts and judgment of said z.
N Wood were without authority of law
and void. he having no jurisdiction in
the matter.
COURT ERRED
In that the trial court erred in refusing
to grant Your petitioner a continuance
In the face OF the good and sufficient
reasons for the same advanced by petit
toners counsel. refusing the same in
the face of the representation that two
material witnesses We're absent, one hav-
ing been summoned and the other having
had summons issued but not served upon
him. Further that there were no duly
qualified jurors in attendance upon said
court, and for other reasons set forth in
the following challenge to the venire
fed by petitioners counsel:
ITO the Honorable E. N. Wood, sitting
as Judge Of the County Court of Am
herst. this 31st day Of July. 1902:
asa 1 tor ss c fsn Snsss o
hereby except to and challenge the array
OF the jury summoned under a ven're
facias issued by the court and return
able this day for trial Of the case OF
Commonwealth vs. c. J. Campbell, in
dictment for felonious assault. which is
set for trial In this court. for the follow
ing good and sufficient reasons:
First. Because said venire was sum-
moned by this court from a - of jurors
prepared and furnished by said c. J.
Campbell, the party to be tried in this
case: and that said panel is largely COM
posed OF said Campbell. friends and fol-
lowers. and a number OF same are his
clients. as said attorney for the State is
informed and expects to show.
Secondly Because none Of said Jurors
are registered voters under the law as 1t
now stands, and therefore are not duly
qualified to serve as jurors.
: For which reasons 1t is respectfully
Bumitted that said renire facias should
be quashed and said jury dismissed.
'.Respectfu''v submitted.
o. L. EVANS,
Attorney for Commonwealth
All Of which petitioner was prepared
to sustain by evidence. as appears from
photographic report from page to page
81, and particularly on pages g. Z, 10, IL.
In that the trial court erred in making
UP the panel OF the jury in this case,
first, from the thirteen summoned az
aforesaid, accepting therefrom eleven
Jurors all the personal and political
friends Of the accused. according to their
own testimony: also by the same token,
none OF the game had made up or ex-
pressed any opinion although they had
read accounts Of the assault and had
heard the matter discussed freoueptly.
five OF his eleven had been entertained
by the accused; two admitted to have
been his clients and two more the Com
monwea1th is prepared to prove had been