Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-29
ALEXANDRIA AFFAIRS
TRIAL OF JOHN HOMER INDEFI-
NITELY POSTPONED.
Legality of Juries Under Present Con-
ditions Called in Question
General News.
Evening Star Bureau.
No. 101 King Street,
Bell TelephoOe No IpS

ALEXANDRIA, Va. July - 1902.
Leave the prisoner and come home"
was the peremptory order wired from Mon
tross. Westmoreland county late yesterday
afternoon to Deputy Sheriff George A.
Sandy. who had been sent to Alexandria to
conduct John Homer the colored youth
charged with attempted rape back to that
county for trial. The Washington Guards
of Fredericksburg. constituting Company L.
of the Seventeen Virginia Regiment. under
command of Capt. NJ. b. Rowe, were drawn
up on Reardon's wharf at O'Clock waiting
to escort the deputy sheriff and his prison
er to Montross when the telegram was de-
livered. But the Westmoreiand county
ofhclai was not in evidence. After visiting
Alexandra yesterday morning he had left
presumably for Washington, where all
efforts to locate him failed. In his absence,
however, the message was opened, as il was
deemed necessary to have more light on the
situation Capt. Rowe then waited half an
hour and still no deputy sheriff appeared.
AS the orders to the militia had been car
rfed out and 1t was then nearly time for the
afternoon train for Fredericksburg, the
captain decided to march his men back to
the depot. They left over the Richmond
Fredericksburg and Potomac road at 3
o'clock. A few minutes later when the
steamer Randall stopped at her wharf here
Deputy Sandy walked down the gangplank
He did not tarry in this city, but it is I'M
derstood went back to Westmoreland.
A question as to the legality of jurors
under the new state constitution is said to
nave been at the bottom of the fluke.
Qualifications Of Jurors.
According to the law In Virginia no one
can serve on a jury who is not a qualified
voter. Those who are eligible to the right
of franchise under the new regime are not
yet determined and the list will not be
formed until the new registration books are
complied. 1t Is held, therefore, by many
judges and attorneys that competent juries
cannot now be empaneled in the state. This
consideration. 1t is said, Influenced Judge
Beale of Westmoreland county in deciding
not to allow Homer's case to come up at
this term of court. The case was to have
been investigated by the grand jury today,
and the sheriff had been directed to pro-
duce the prisoner. Fearing an attempt at
lynching the county authorities had ap-
piled to Gov. Montague for an armed guard
to protect the prisoner. Instead the gov
ernor decided to dispatch a military COM
pany holding, it is stated that If the pres
erce of any armed organization were neces-
sary a complete company should be detail
ed for the duty.
The first hitch in the proceedings occur
red before the militia had left Fredericks-
burg. when Capt. Rowe received a tele
phone message from Judge Beale directing
him not to move his command AS the cap
tain could not receive orders except from
Richmond this was disregarded. But yes
terday afternoon, after arriving here, the
deputy sheriff to whom Capt. Rowe had
been ordered to report could not be found.
The captain communicated the facts to
Adiutant General Male, who wired back
about 3 o'clock directing him to report with
his men at the wharf at o'clock, which
was done.
From the turn affairs had taken Homer
remained in confinement in the Alexandria
city jail. None Of the local authorities
have any information as to when he will
be carried away for trial. According to the
position assumed by Judge Beale, it is not
likely that the case will come to trial until
the question of legal juries has been finally
passed upon.
The Other View.
Several Of the leading lawyers of this city
have given the question some considera-
ton. and many of them seem inclined to
the belief that jury trials can take place
legally under the present status just as be-
fore. Mr. John NJ Johnson gives it as his
opinion that all laws in force under the old
constitution remain operative under the
new instrument until the legislature passes
laws in conformity with the new constitu-
tion.. Without giving the matter careful
consideration he was constrained to hold
that every one who was a competent Juror
previous to the date of the proclamation of
the new constitution, July 10, was thor
oughly qualified without any additional leg
tslation on the subject. 1t is understood
that Judge ]. X. NJ. Norton, who is now out
of the city, holds a similar view. Presid-
ing in the corporation court several days
ago he empaneled a jury which tried sew
eral cases. Commonwealth Attorney Sam
uel G. Brent also holds substantially the
view expressed by Mr.. Johnson.
Fire Damages Warehouse
Fire broke out last evening about
o'clock in the warehouse of James McCuen,
at the southeast corner Of Alfred and Glib
bon streets, spreading to the adjoining
store and doing considerable damage The
flames were eXtinguished after a half
hours work by the fire department, which
promptly responded to the alarm. 1t is
supposed that the fire started from a light
ed match dropped by employee. The
damage to the stock and building, amount
ing to several hundred dollars, is covered
by insurance.