Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1902-02-06
Monday morning, and adjourned court
until then.

| VuOhuoJ HOAhH'Ss oN "~JO
until then.
On Monday morning the prisoners,
George and John Jones, were brought into
court and the motion to set aside the ver'
dict and grant new trial was argued by
counsel. Mr.. Anderson stated the grounds
upon which the motion was made, the
chief one being an irregularity in the ve-
nire facias. He contended that the ve-
nire facias was irregular and defective on
its face, and that before the jury had been
sworn the prisoners, by their counsel, had
moved the court to quash the venire facias,
which motion the court had overruled.
The statute which provides for the issuing
of a venire facias reads as follows:
"The writ of venire facias, in case of fel-
ony, shall command the officer to whom it
| is directed to summon sixteen persons OF
his county or corporation, to be taken
from list to be furnished by the court OF
such county or corporation, etc."
The venire facias issued in this case COM
manded the officer to summon twenty
foul" persons. Counsel for the prisoners
contended that the statute which COM
mands the officer to summon sixteen per-
sons should be strictly complied with, and
that the command to summon twenty
four persons was such an irregularity as to
make the writ either void or irregular and
proper to be quashed by the court.
Mr.. Chapman, who argued the motion
for the Commonwealth, took different
view, holding that discretion was lodged
in the court to increase the number of
persons named in the writ to twenty'four
or even more, if necessary, and thatit was
intended by the statute to fix sixteen as
the minimum.
Mr.. Wysor replied to Mr.. Chapman's
argument and made very strong presen'
tation of his side of the question. He ex-
pressed perfect confidence in the point he
was making, and was equally confident
that if the county court should refuse to
set aside the verdict for the patent error or
irregularity in the writ that the appellate
court would reverse the county court.
Judge Stuart held, however, with the
counsel for the prosecution and overruled
the motion for a new trial. Thereupon
counsel made motion for suspension Of
the judgment for sixty days to enable
them to prepare the record and apply to
the circuit court for writ of error. The
record will be prepared as speedily as pos
sible, and application made to Judge Jack
son for writ of error.
No criminal trial in Tazewell county has
ever attracted as much attention as has
this. The prominence of the man who
was killed, John G. Watts, not only at
tracted the attention of our own people,
but awakened interest throughout the State
He had been conspicuous figure in the
politics of Virginia, had twice been U. 5.
Marshal for the Western District of Vir-
ginia, had large and influential relation
ship in Tazewell county and lin Southwest
Virginia, and was the possessor of host
of warm friends.
Upon the other hand the men who were
being tried upon charge of murder were
men who came from the humble walks OF
life, and by hard toll had secured them
selves comfortable homes. They were
not known outside of their immediate
neighborhood and had possessed no op-
portunties for making large circle OF
friends. These conditions, of course, made
the large crowds which assembled daily
1
during the trial friendly to the prosecu-
ton, though the Jones' had few friends
always present. There was no feeling ex'
pressed against them and no unfriendly
demonstrations, and the trial was one
among the most orderly we have ever seen
in the court house.