The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-15
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is3EES (COitlIMtieu from Flfst} IAHc.l t$yt345l
5 nresldod t{tho trialto, decide upott that X
eyisHnsl t weIg IL Y liz eoaaths
.sredlbllity of witnesses, aid lor VIC
e dstornIne W N ,na Tie
4 observation-disclosures anew trlal ought or or
olight"iiot 10 40 awarded. . /. 4 s h, & %
besides Incense OF Il ca ~ inefin,il
$$5sirS wfisi, d i,unbel' on cases nro cilsu,
E8und sSinst!1uf Ill. tho Hodges case 4
Seighty-seventh& Virginia. u. y. 40.
RI mehts'i lin 'ndvlscd TINT tern,lcsss
si,iada as sHa witnesses tsstiilcd arg ,e
~ ss|leiGSn ~ 1',st5Sy t }Ms 1py
RI cunistnnces. there Ii no reason to be- Il
5yiiovo thit Drapcl wio, wien r, e. M,
1mei f nnGptl'i 10 opioi, and could bS
II i i Sbetweer tito commonwealth \
tie prisoner falss s d + lhed 1e
sud the prlsone ~ iy nxsea.
III sioi,,Imnda under excitement within
day or fwo utter tho al,oll,cidle -, ai1,l
before ~ ad heard my - r3f aara d the
Wlthesses Iihio ani Rcan y; s 7 ~. Wh ,sa
b lie had no recollection Of having i,la,Gi96
any such renarks ha g eGrsanly {
ne waf seSS apS iii 5hf opinion
Ills mind. 81 II, 4. I. .5 Z, +, \, l. ~ x
show That lit any time after. ~ be- .,
came member OF the Jury lo fnyoreu
13anv3 greater shlnen Y than thilt OK ~
p5 $3.50 pon es ia stsasaHs
was contrary to the law md evidence g y
the ,notion for t new trlal 3 20 over
ss3S8|11I5 "A Statement.
p3At8tho conclusion of the decision judge
1ohlegarl said he had Just heard Of i, = !.
statement that, u + II was correct. would !
5bc$ofBthe greatest Importance ilnd ASKED N
for somo time to. look Into IL y 9 ~n !, .
asked BY the judge how much time wou " !
bo required. ~ Mr.. Phlegnr said no wouiiue
80 ready by II O'clock } rs @ 81 81
&3 When tho case was again taken y. Y. ~
Judge Phlcgnr said nothing about y y
statement that had becl, made He snld =
lie had no further motion to make 1n,st 9 I.
matter, He wished It to BIO underst o t
tina tile Judges decision appl ing 70 4, y
jurymcn named was applicable v 70 al.
This tho court agreed to. "
lie asked that tho Judgment IS OF ne
court he suspended for sixty daS 70 ~ y +
low time to appeal to the Supreme Court.
Mr. Perkins read an abstract ire m ~ nv :
tnOrlClGSE SAAtiG. ~
sion of Judgment Ia cases OF Spnrtles CON
$vlcted Of murder or granddaughter - ns1 /
5ly it was decided to nsk for q SUSPENSION
Is April 9Th, Mr.. I'hlegar said they nag M:
asked FOR thirty days to prepare the &bill
OF teX ceptions, but at could 1 probably pc
done IN III shorter time AZ counsel res
sided here, they could got together, pre-.
$paro the record, and send It to the tud &c.
not requiring his presence ~ ere. VI . FIJI !.
II Mr. Perkins asked that the opinion OF
Judge Aiken be filed ms part o. the
record This the court agreed y o. In /.
order, MS Ecntered, recites that an appeal
was made from tile decision of the court
md Jury: TINT court had erred In reject
Ing competent jurymen;$ tho motion. duly
considered by the court, was over ruled
Judgment suspended, and appeal taken,
Fishbur11e Sentenced.
Charles r. Flshburne, stand up, Z said
Deputy Clerk Till Tuck or. I1a ye you
anything to say why tile sentence should i.lltl
not DO pronounced upon you II
Mi. ITishburne made no reply u
s"Chnrles X. Fishburne.'' said Judge
Aiken, ..the ict&on the jury arquttt ca
YOU at different charges OF murder and
convicted you OF voluntary manslaug hter;
not actuated BY mallciousness. but by
the heat OF blood and loss Of self-control,
This should be gratifying to you. and ID ]
have no doubt II Is, II have co dereel
tho motion for a new trial. The court
has given you a fair trial, and II II ma has
erred you have able counsel, who VIII
see that such errors are corrected ~ t i
Supreme Court. All that can BIO done
now5is to sentence you to five years IN I'M
sprisdnment In tho pcnitentiary. s5
This ended the proceedings. u 4
Friends gathered about the F>isllbnrnees
md shook hands with them. They seem
ed to DO in very good spirits.
& Bail can Abo obtained for Mr.s F'lshbur r.
if il IS desired. bu It has not been de-