Evening star., 1902-08-07
SURETY FOR $4,000
BAD FEELING ENGENDERED IN
THE COMMUNITY.
Judge Tebbs Favors an Early Trial of
the Gases - Arguments
of Counsel.
Lpecial From a Staff Correspondent.

$4,000 in the three cases. Samuel H
Grimes the butcher. and DR.. Weaver were
released upon giving bond in the sum of
$1,000 each. while $4,000 was the amount
fixed in the case of John Lefevre.
As soon as the amount of bond had been
agreed upon counsel asked if the court
would accept the security Immediately
Judge Tebbs answered in the affirmative,
and a number of the most prominent and
influential citizens of the county stepped
forward and qualified. Congratulations
and handshaking followed, and apparently
a large ajority Of the citizens of the town
expressed approval of the courts action in
accepting bail for the men. although they
believed the amount was rather excessive.
The question of amount. however. II was
admitted, would have made no difference, so
far the three men charged were con-
Cerned. They could have given bond, it was
stated. had it been 10000 each.
After The Stars report of the hearing
closed yesterday afternoon two Witnesses
were examined in the cases Of Grimes and
Lcfevre. The defendants in these cases
were not put upon the stand as was DR..
Weaver. EX-JUdge MCCabe, Mr.. r. Walton
Moore Of Fairfax and Capt. W. E. Garrett,
representing the several men in court, an
nUIuH.d their cases closed, and Judge TebbS
said na wanted to hear from Common
We, lth's Attorney Garrett before passing
upon the applications. The latter cited sew
eraI authorities to show that in cases where
the death penalty is the maximum punish
ment the court may, under certain cOndi-
tiOns, admit the accused to bail. In cases
where the accused parties are clearly guilty
and capital punishment is likely to result,
he argued, the court cannot accept bond
while. on the other hand, If 1t is apparent
that capital punishment is not to be in
fticted, ball is a matter of right.
Makes Frank Admission
commonwealth attorney. "and say 1 do not
expect a jury will infiict capital punish
ment in any one of the cases before the
court. AS a necessary consequence the men
are entitled to bail Considering the tes-
timony there is something to be said in IA
vOr of DR.. Weaver 1t is different with the
other defendants
Continuing. the prosecuting officer said
that very little had been offered in the case
of Grimes and no testimony had been given
for Lefevre. The grand jury, he stated,
will meet Monday. when the cases will be
investigated. He added that there had been
pra Htical surrender on the part of the
men then before the court.
And now, your honor he said. in con-
CiusiOn. Il ask that extremely heavy bond
be required of these men. 1 would not con-
sent to bail at all if / thought these men
would not appear for trial.
Judge TebbS inquired of the common
wedIth's attorney if he meant his remarks
To apply TO all the men who were held by
the COrOner's jury. He was anxious to
know if the state admitted that capital
punishment would not likely be the result
of any trial
Il was speaking only of the cases before
the court" said Mr. Garrett 80 far as
some of the men are concerned should GER
tainly resist an effort to have them re-
leased on bail. 1 cannot say in regard to
some Of them that 1 believe they will es-
cape capital punishment"
Counsel for 10 fbrpp followed wit
arguments. EX-Judge MCCabe was the first
of the three attorneys to be heard. He
cited authorities to show that the court
had the power to release the men on bond.
Their release, he argued, would have a
tendency to allay the bad feelings which
exist over the case. He asked the court to
fix the bond at reasonable amount, re-
membering the constitutional provision that
excessive bail shall not be required.
Plea in Behalf of Grimes.
Captain Garrett followed in a plea for
his client, Samuel H. Grimes. During the
course of his argument ne spoke of the long
residence Of his client in Loudoun county.
He also called attention to the fact that
Mr.. Grimes had remained F-''hin a few
feet Of the court and had made no effort
to escape from the Jurisdiction. He was
proceeding to tell Of the great number of
persons who participated in the lynching,
and of the few who were arrested. when
Judge Tebbs said that that had nothing to
do with the question before the court.
Mr.. Moore concluded the arguments, re-
ferring to the lynching a deplorable af-
fair and upon this question he said there
Is no division among the people of Fairfax
and LOudOun counties. His client Dr.
Weaver. he stated. could have left the jur-
fsdiction had he felt SO disposed. His home
Is IN Loudoun county, his family live in
the county, and it is not at all likely that
he is going to leave all his interests es-
DeCidIlV when there is no IN
him with the lynching. He cited several
authorities in support Of the motion to ad-
NIT TO ball and concluded by asking that a
small bond be accepted
Judge Tebbs In reaching a conclusion
said he could not consider the question of
the standing OF the men in the community
A very serious offense had been committed,
ne stated, and the parties may or may not
according TO the evidence, be punished
As TO the guilt or innocence OF the men
before the court said the judge. II shall
express no opinion. 1t is certain that a
grieEous crime was committed by some
body"
Concerning DR.. Weaver the Judge said
there were points in his case different from
not one whose actions induced the crime,
and his case should, perhaps be weighed
more lightly than the others. Another
point of difference. the judge said. Is that
he is physician and a man of education
and more IS expected of him. Grimes II l.
charged, was actively engaged In the affair.
and Lefeyre was termed a leader
The judge then fixed bond in the sums
stated.
Bad Feeling Engendered.
1t will probably be several weeks before
the town will recover from the excitement
and bad feeling engendered by the Iynching
OF Charles Craven. People who had been
friends prior to the lynching and investiga-
ton Of the affair are now enemies. Wit
nesses who gave testimony against persons
alleged TO have been implicated in the af-
fair are being condemned by their neigh
bOrs, and some Of them, II is believed will
never again enjoy the good will of a ma
jOrity of the town people. Some OF the citi-
Zens even go so far as to predict that some
of the people whose names have figured in
the affair will leave Loudoun county and
make their homes elsewhere
Charles Lowenbach, the saloon keeper
who was implicated by the coroner's jury.
has not been apprehended. Rumor has it
that he went away for trip, to remain
until the court cOnyenes next week. An
application will probably be made for a
hearing In his case when the August term
OF the court conYenes Monday.
Judge Tebbs will have something of in
terest TO say to the grand jury when court
convenes. He will discuss the lynching of
Charles Craven at length, and will charge