Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-11
ALEXANDRIA AFFAIRS
SESSION OF THE UNITED STATES
CIRCUIT COURT.
Case of Representative Rixey Against
C. A. Stevens Postponed Gen
eral Matters.

Special Correspondence OF The Star
ALEXANDRIA, Va, July II, 1908.
The morning session of the United
States court for the eastern district OF
Virginia Judge Edmund Naddi' presld-
ing. was taken UP principally with dis
cussion of the motion, made by counsel for
the defense, to postpone the cases OF Rep
resentative John S. Rixey and his brother,
Mr.. c. Jones Rixey, against Mr.. {. A.
Stevens, in both of which suit is brought
for damages in the sum of 100000 for al
legged defamation Of character 1t was
finally decided to set the hearing for one
or the other of the cases for October ~,
but it was not indicated which suit would
be taken up first. The expectation that
these cases, or at least one of them, would
be opened this morning attracted a large
gathering to the United States court
room. Representative Rixey was present
and occupied seat near mis- numerous
counsel, Attorneys Rixey q Barbour OF
Supeper Keith & Keith of Warrenton
and c. NJ White of Warrenton. They
also represent Mr.. c. Jones Rixey The
defendant was represented by Attorneys
r. Walton Moore of Fairfax, Eppa Hun
ton jr., of Richmond, and Edward ,. Iur-
ner of Warrenton.
When the matter was brought up TINS
morning soon after the judge had taIen
his seat on the bench, counsel for the de-
tense, upon the indication of opposing
counsel that an immediate trlal or poth
cases was proposed, moved for postpone
ment on the ground that they had come
into court expecting only TO de1end a
motion to have the cases renamed pach
to the state court instead OF being tried al
once Mr.. Moore stated that the cases
would have to be tried separately and be-
fore different juries. He was OF the opih-
ion that each trial would take ABOUT q
week or ten DAYS. The motion to post
pone was vigorously opposed by counsel
for the plaintiffs. who declared that their
clients should have the earliest oppoTtu-
nifty for clearing themselves OF the pup'!c
scandal infamy and disgrace, which, 1t
was alleged in the declarations, they mad
suffered on account of a letter published
by the defendant, when was me S cause ol
the proceedings. Judge Waddii an,
nounced that he had not been INFORMED
that two trials would be necessary, nor
that a special jury would De required; II
view of the circumstances he thought 1t
would he hest to set another date In cooler
weather for the hearing of the cases. ana
the last week in October was hnally agreed
upon by the court and the counsei inter
ested Mr. Moore stated that his SIDE
would plead not guilty to each OF the
declarations In indicating that the two
trials would be different, he stated that
ratraction had been made in the case or
Representative RiXey, but not In the other
case. ...o,,oa 20 the
Irnited states court from the circuit court
of prince William county at Warrenton.
In their declarations. the plaintins set up
that they had been greatly ln1ured In .he 81,
credit and reputation by publication py
Mr. Stevens in state paper conce,hlhs
certain real estate transactions on large
scale between the parties near heiiy
Ford, Culpeper county.
Indictments Reported.
The grand jury in the United States court
this morning, by It's foreman, Mr.. FRANK
8, Harper, presented indictments against
the following: Henry Smith, coloreo'
charged with altering 81 bill and passing
# as $40; Daniel p. Motley. charged with
making false returns from the post once
at BATTERY. Essex county. where he was
postmaster and against Edward FitZpat-
rick charged with stealing about $3.50 worth
of stamps from a vault in a bank at Ma
other names was given in the Fitzpat-
rick indictment, as follows: Louis camp,
alias Burlington Fatty; James A Gallaher,
alias ST. Louis Jimmy; Frank Burns, allas
Thomas Grady; William Smith, alias Will
lam Bennett, alias California Bill; Robert
Casey, alias Robert Cassidy, alias Big
Casey District Attorney Lewis announced
that the prisoner was in Jail in Richmond,
and asked the court to postpone the case
until the next term, which was done.
Chased by Tug.
Two small boys giving their names as
George Ammon and Humbert Fontine and
stating that they hailed from Washington.
were in the dock at the police court this
morning to answer the charge of attempt
ing to steal a sailboat belonging to Capt.
Henry Simmons of this city. Ammon said
he resided at S12' I'd street southeast and
Fontine gave his address as SOB on the
same street. Capt Simmons testified that
he had seen the boys sail away In the boat
toward Washington yesterday afternoon
and had pursued them in tug which he
secured at the shipyard a short time after
the departure Of the youthful mariners
from that place. There was a stin breeze