The times. [volume] (Richmond, Va.) 1890-1903, 1902-02-12
{. AYLETT ASHbY
Placed ON TRIAL
Must Answer Charge Of Muir
der of E. A. Marye.
A JURY NOT SECURED
A Venire of Thirty Produced
Only Eight Men.
MANY HAD FORMED OPINIONS
A Brilliant Array of Counsel ID the Casc-No
Active Prosecution VIII be hlade by the
Friends OF the Dead Man, but Ills
Good Name Will be Protec>
ted-A History OF
the Tragedy.
MANY HAD FORMED OPINIONS.
Especial Dispatch to The Times

Special Dispatch to The Times)
NEWPORT NEWS, VA, Feb lie.
Aylett Ashby, one of the most brilliant
and popular members Of the local bar,
and belonging to one of the most dis
tinSuished and aristocratc families in
Virginia, was placed on trial in the Cor
poration Court this morning to answer
Engineer Z. A. Marye.
The young man, who was mortally
wounded, was a son of Colonel Morton
Maryc, of Richmond, State Auditor, rep
resentative also of one of the oldest and
best known families in the State. Young
Marye was a caller at the home OF Miss
May Garnctt, sister-in-law of Ashby, but
for some months previous to the shoot
ing had been denied the privilege OF
calling upon her.
On the afternoon of December S0th last
Marye passed by the house, and, sieZed
with L sudden impulse, began throwing
rocks, bricks and flower pots through
the window, after first trying to enter
by the door. He had been drinking some
and was also very much wrought up
over a controversy regarding contem-
CITY paving, anu llSu iiit1ut up LIS
mind to hrosewhip one newspaper man,
who, he thought, had reflected upon
him.
MIND UNSETTLED.
These things in combination probably
unsettled his mind temporarily. at any
rate, Mrs. Ashby telephoned to her hus-
band to come TO the house Ashby left
his office, went across the street ana
borrowed a revolver and started home.
On, l1a 1,n a11rn ,fay,
coming down the street with an officer
Not realizing that MaIye was under ar
rest, Ashby fired four times ut him. One
| bullet struck the officer in the breast,
| but was detected by a button. Another
| bullet struck Marye in the abdomen
| pierced his liver and part of the kidney
| and caused his death, under an opera
| ton. a week later.
Ashhy was arrested and bailed In the
sum of s20,000 and rebailed i'll the same
| sum when sent on to the grand jury. He
was also charged with felcniouS assault
| in the Woodward case, but this was not
| pressed. The bail was furnished in five
| minutes. and many times that amount
| could have been raised
a feature Of the proceedings in the
/; matter of furnishing bail was the ap-
pearance of M. r. G. Bickford, counsel
| for the wounded man. and his brother,
| stating that they did hot believe Ashby
| to blame for the shooting.
The case is the most famous this sec
| ton Of the State has ever had, and one
| of the most notable in the history of
Virginia.
CROWDED COURTROOM.
| When the case was called to-day the
courtroom was crowded to its capacity,
the throng including almost the entire
| loca! bar. but no member of the Marye
| family was in court. Connected with the
| case is an array of legal talent never
| euualled here before. j. l.. Lee, OF Lynch
! hltrs- and r. NJ Lett, OF this city, conduct
the active defense. Colonel j. c. Baker
! and C. C. Mitchell are OF the counsel, but
! NAV take no active part Major X II.
! Henry, Of Tazewell, uncle of the defend
| ant and a noted lawyer, and Hon Daniel
| Trisg. of Abingdon. and Colonel John W
Friend are present as frienGs and TO Of
| for aay legal assistance required Of them.
Mr.. Peter Mayo. OF Richmond. kins
nan OF the defendant. is also with AshbA
| in tho capacity OF friend MIR. Fill Car
| ter. a, distinguished member of the Rich
nond bar, is in attendance as frienf
ND counsel OF tho AIaryeS While he vii
! Iot ioin in any prosecution of the defend
snt. he will see that the dead mans gooe
name is not teojardized by the efforts OF
he defense to prove provocaion and JUS
! tification.
| The State Is represented by Common
wealth's Attorney c. w. Robinson. The
| group is tynpically Firginian.
TACT MUST BE USED.
+, There seems every reason to believe
=. that the trial will progress smoothly and
/ rapidly after the taking OF evidence is
| under way, but much will depend upon
| .he tact with which the defense is con-
| Quoted.
An inofscretion, an over-reaching in the
| effort to prove Med" Marye bad or q
(, dangerous man, j too-pronounced an at
! .crnpt to prove Ashby entirely biameless
| md Marye altogether blameworthy, 8
| nance reflection upon the dead mans
| character. an ignoring Of the causes which
!. led I'D to his conduct on that fatal after.
| ,ocn-any Of these may precipitate 9
| scene such as would result from hot re
| sentiment because of What might be con,
| ,dered unfairness to the dead
| There are many shoals 10 be avpided
| md Mr. Lee conducted the examination o.
jurors this morning with consummats
| act and finesSe. making friends OF every
| -e of the thirty mon who composed ei's
| vellire-
| Out OF this venirc. the examination OF
! which consumed the entire morning, only
| eight of the panel Of sixteen men were
! secured, and another venire was sum
| moued for the afternoon session, the
| court adiourning at noon for dinner.
The examination of the members OF the
, venire showed in a striking manner just
how extensive an influence the news
naners have in enabling the public to
formulate opinions in cases of this sort.
ONE WITHOUT OPINION.
Of the thirty men, there was but one
who did not admit that he had formed
an opinion. based upon newspaper reports
/ and I-n1nors This one, Fox by name, de
cIored that he had formed an opinion te
i tbe extent that Niarye was dead and hat
.1.;li.,ia III, "A Oh III, .Illrtfar tharl that