The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-08
SURE BACON
IS GUILTY.
Judge, Holmes. Of Mecklen-
burg, Writes to Governor
AS TO FURTHER RESPITE
Does Not Think He Should Have I'm
less There IS Other Evidence
Which was Not Produced
at His Trial "

Special to The Times-Dispatch.)
BoYDTON VA, September The fol-
lowing is. the letter OF Governor Montague
and Judge Homes reply In reference to
further respite for Doc Bacon: @
Commonwealth Of Virginia. Governor s
Office Richmond. Va, September 5. 1908.
Judge w, r. Homes. Boydton, Va: 7
beg to ask your opinion as to the ex-
5pedency Of further respite in tho matter
OF the application OF Doc Bacon. In tie
connection I also ask that you will gtre
me your opinion upon the facts OF the
case. regret to trouble you but the mat
ter is one Of such Importance that am
persuaded you will agree that i am en-
titled to the opinion Of the trial judge.
Judge Holmes Letter,
(signed) "a. r., NrONTAGUE.'
"Boydton, Va, September I, 1903. TO His
Excellency, A. j. Montag que. Governor OF
Virginia: Dear slr,-yours Of the 5th
Just received, In which you ask for my
opinion as to the expedicncy OF further
respite in Doc Bacon's case and that
would give you my opinion upon tho
facts of the case in which you state that
you regret to trouble me about this mat
ter, but 1t is of such Importance that
you are persuaded that will agree that
you are entitled to the opinion OF the
trial judge. Replying. i desire to say that
T agree with you that as Governor Of
Virginia. you have been and arc now en-
mir n ho nj = i,,
the case In passing upon this most Sc
rous and delicate matter which has taxed
the patience of our people to the last ten
sion. Therefore, there Is In my opinion
no occasion for regret on your part for
exercising right and privilege which
are plainly yours. and which every other
Governor Of Virginia has not hesitateu
heretofore to exercise during my official
career as Judge of this court now
period OF eighteen years. The case before
vol, Is n delicate and important one, and
/ have all alons held myself ready to re-
spond to any inquiry you might feel ad-
v,sed to make of me and to render any
service could when called on, but you
can readily see that It would have been
improper for me to volunteer my as
sistance, especially after had been
informed that you had called to your as
slstance and advice two gentlemen of
this county, 10 VIII -, " tOOOe, attorney
for the Commonwealth, and Thomas N,
Williams,
"Now as to the expediency OF further
resnita and my opinion upon the facts
OF the case will state that ] gave on the
trial the most patient and deliberate con-
3sIderatIon to the evidence and the law,
and was then and am now thoroughly sat
IsfIod Of the guilt of Bacon beyond MI
doubt, therefore, upon the evidence upon
which he was tried and convicted am Of
tha oninion that there should he no FUR
ther respite q do not give the evidence
AL do not understand you to ask for it,.
7',,ft ia proper to say that have been
nrormed m " recently that the Common
wcaith's Attorney, who boleye Is striv-
tinr ~ get at the right OF tho ma tier has
hesn IN Formed that there Is additional evil
dane which was not produced at the trlN
,vhathor In fact there is any additional
ev,dence. and If so, whether 1t Ia SUFFICIENT
- na,,se the sentnece of tha court to be
t,rt,,or ,nterfered With of course,
cannot now speak Should any new evil
aanna he ascertained stand ready to give
usMps w" ~, views upon the subject matter
spn shn,,id a. vo,, Indicate that such is your
''s''', N's "ycry respectfully,
,e,ansd, ~ ". r. HOMES,
Indae 1nasns' of the County Court for Neck
u NTo . t y T.. .1f Il