The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-19

applauded without rebuke from the court
| tSec page 73.)
CHALLENGED ALL.
At this point your petitioners counsel
announced that he challenged each and
every juror upon the panel for various
| causes. which he was prepared 10 name.
and announced himself as ready to sus-
| tain the same by evidence. and introduced
| the following petition. which he asked to
| be considered. and that he be allowed to
sustain by like evidence:
| ITO the Honorable E. N. Wood. sitting as
judge Of the County Court Of Am
| horst. this 31st day OF July. 1902:
| 1.-The attorney for the Commonwealth In
| the county of Amherst doth respectfully
| petition and move that the court win
ln1mon renire Tacias from some other
county or corporation to try the indict-
/ n.ent Of the Commonwealth against c.. J.
Campbell for felonious assault, now pend
/ ing in this court, as from the peculiar
] I.ature of the case the said attorney for
the Commonwealth believes and charges
that this court cannot conveniently find
il. the county Of Amherst panel of quail
flied jurors free from exceptions, md this
/ for the following reasons:
The accused. the said c. J. Campbell.
has for a number of years past been prom
| inent in politics, the judge of the County
| Court of Amherst and the holder of offices
! in the gift Of the people, and In conse-
Quence has naturally large personal and
1 political following, who very loyal to
him in their support and feeling On the
other hand. there Is also in said county
a large number of persons who are strong
ly. II not bitterly. opposed to the accused;
4 the former of them are so loyal that
! many of them fail or refuse to see any
/ FAINT or guile in said Campbell. while on
the other hand his opponents are in
| mary instances so preju1iced against the
| accused as to be unable or unwilling to
| sit in judgment or give him fair and
| impartial trial.
| That this is true your petitioner will
show, not only by the testimony of num-
! hers of the best and most prominent
/ citizens Of the county but also by the
introduction Of certain public utterances
1 of the said Campbell and his editorial
1 comments. published in the Amherst
/ New Era. newspaper of which he is
| editor and proprietor. from which it
| will be seen that he has undertaken to
! give this trial a political significance
| AS an additional evidence Of the ne
cessity and propriety of this motion, at
tention may properly be called to the
| venire summoned to this court to try
this case. Those acquainted with the
! personnel Of the said venire will state
| that of the sixteen jurors composing the
same. nearly all. II not quite the whole
! number are friends and followers OF
j Judge Campbell, and of the number
| twelve can be selected who are mis- par
| tisans and possibly half Of that number
i his clients. OF course. this selection
| could not have been by designA and
therefore OF necessity must be taken
4 as strong persuasive evidence of the
need OF this motion.
1t is far from the wish of the at
| prosecution to In any way intrfx7uce
sught that is personal. political or other
| than proper. and he desires only that
| the dignity, purity and good repute or
| judicial procedure IN this county and
/ State may be preserved and kept from
1 disrepute- In this he feels sure Of the
| cooperation of this honorable court
| It is therefore confidently submitted
that this is clearly a case where jury
| should be summoned from another coun-
| ty or corporation. as provided by sec
| ton 1924 of the Code. It is not right or
proper that the accused should be tried
| by a jury personally hostile to him, who
might be tempted to be unduiy severe
| In their verdict nor on the other hand,
| is it right 6r proper that there may be
| a chance that the dignity and purity OF
| Justice may be lowered by the imputa-
| ton that a partisan jury selected from
| the friends of the accused disregard the
law and facts to portect favorite. and
this is especially forceful when we con-
| slider the position and prominence of
| the accused.
| It is submitted that the foregoing
| statement Of facts. which petitioner is
prepared amply to sustain by proper
evidence, and the conclusions drawn
therefrom, should convince this honor
able court OF the righteousness of this
| petition.
Respectfully submitted
o. L. EAvNS.,
4 Commonwealth's At4krnev.
oiled In the above entitled cause
| July 81. 1902
HEATED ARGUMENT.
After a lengthy and heated argument.
| which were listened to by the jury. the
court, after allowing peremptory chal-
lenge to four of the panel. took until
the next morning to consider the said
| refused to allow the petitioners coun-
| eel to introduce evidence either to sus-
| tain his challenge to the poll or in sup
| port OF said petition. {See page 1897
| Your petitioner was prepared to show
| that several of said panel had xpress-
1 ed opinions one of the same having gone
/ SO far as to say that If the prisoner had
| killed Crawford, the same would have
/ been justifable. and the said juror would
have acquitted him. Further petitioner
/ was prepared to show by the testimony
| OF some of the most prominent and relia-
1 BILE citizens of the county of Amherst,
that they did not believe that there was
| in the said county man OF sufficient
intelligence to serve as Juror who had
4 not made up or expressed an. opinion res
/ gard.ng the case at bar Also that It
was noticeable fact that the friends st
the accused almost universally conten ed
in private conversation that they were
/ prepared and could give the accused q