The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-05
The Verdict a Cyoml'lplr'o''i.,'ll N ] J 4. Y
mise. and Does, !: y '':' q ! ! ". NJ
n Give atisfa aCtiO: 4. 4. n
MOTTO MADE \ y J, FOR. Q +
| ANOI'lH I E z 'T'R,l i, / lAL' 4. !
Community Incensed at Counsel
for Defense in Attempt toF 6, . Dis
8s3 credit Mrs. Moyler's Tes & sIS53S
tirnor1y Great i Sym ). = " iSts5
pathy for Fishburrie N
53i Come ton. VI .S s,s5Es3 s8s

* n. m ~ Y n
lThei Times. Df Spat01i,

sa$ fspecial 10 The Times -Di spatcn.
RoANoKD,8 NV Al, Eel. 4 w the $tuf1
md the prisoner. Charles r s.8@ n ishburns,
guilty of yoluntary n,anslau ter. md o.
1his punishment a. five year In the spsntssI
iter,tiary .'ssy This wns the svard lot sin
lB1shburne case this morning. Thsrs wa
no rush to the court-roo ON. the crowd
coming IN very slowly and there not
more than u half q dozen adde's present
atS D o,cloclk. y when the roll 81 the Jury
swas called ~ nepnty Clerk :,',ckst.
II The space within the bar, usually n1lsds
iup by \ the ladies. ,sss oooupi ied H ths
male q ex.5 = he Judge had q the bench az
to himself e ana Deputy Clerk TuckarE had
his box all q lone. 5s
~ Mrs. LefewR and wi ictor and Mrs. wood ssah
ruff we're not present MI. IL vtrt IetsWsa
was called to ichmond Il last sRniE Eht sssby.R;;
tho critical Illness OF ~ his s moi ther.H AsiS
Sheriff Tillett started to lead the Il Jury
had h agreed Il on a yerdio a 'er AXE thenIA
sout. said the Judge 3T he fury; /; out, he
crowd wait ted in sileno and innpre satVeSs
litS ,vas.S The Syo Jung loving wife sof II, thu
prisoner and his ~ mot Her 81 sat close a tos
him. sheriff :rillett IS entered
The "a erdict..S MI
ss''T he have greed 81 rssi
said he.I3 They had been out "a teen min
S5utes.3 The Jury lied II and took their
places Gent tlcmenS OF tt es Jury have you
agreed upon = yer dict 7.,sSa 7.,sS asked Deputy
Clerk Tucker. MI have. pondes
the foren,an. ~. ..Ssl V amison. of Franks
lin. Charles rs hburt,es nd ssss
said the gclerk tllst, came the yordskofs
~ Al
SlaThs sile lcs Il vas j "a & patnf I'LL u as deA
THE brave. lovlns sst tlib n prison
$whosoa presence Il talirin
much toS SGhe eers AZ I up. u 1san ed over san
selasped his j hands Oth Her 4 diesg of IA thes
sFlshblirne fami ept. u sv lllles many
crss shed tears. and Y gloom Sse Il tied over
Stle court on.s q he III prison erss he'll
Well but final rave Sar,siiSf VI
lWept. SF S
loved to Set Aside Is iSsl
Gentlemen OF he Jury said Judge
Aiken you are charged .Iss III
u After3 the jury lei I, Judge F'hlegarss
would ask tina 7 he yerd lot be- set asid e-s4
first. on the ground of error In selectsss5
ing the Jury III second. the exceptlon hat
had been filed during rial and thlrd M
Ut was tr:ary to- law and evid len &c. SsS
Sss Court took q recess for hal fga am hour
and at the xpiration Of l5t the; time. courtt
greopened, and N Of the a defense,S
took up tho reject lion 5of Fran Iar,irl-S
sbaugh az q Juror. II was rel ed soll afa
count Of ltis 4 long acq aintance vii ana
friendship for the Flshburnes. NJ Nm IIall
quoted authortti Ties. which, he claimed
Sustained his posi- tion that ti Mfr r.8& Brum-S
sbaugllf was improper elected He quoted
the case OF Montague. when X was held 4
that the rejection II of Jurors would Il pTesSss
E}udlcesthe case. Th eS defense stated that;
they would put the ejection OF 4 M Messrs,R
Rankin and anna wit Il thar of Brilln--IA
Sbaugf sS
3 I1e was 10 llowed BY Jud go Phi egar,sw ,o$
argued 5foniS I the Il same lines. Com;non-Ss
gwealth's Attorneys Perkins said A hes
Mon Ia que af ca 80 the prisoner had NJ been
put An jail before the juror \ became ao-X
squaintcd with 4 the famil Ii. y.a Juror Easel
who, under the Hcircllms tances OF syrlsa
{pathy, was ulwill Ing to trust himself asa
Juror, There Was no such In tilnncy 81 \! "a 4
In the Brumbaugh ca Sc. Brllmba itg lFsi
Language tnacessar r " means tha hss scolldtl
not give the prisoner a. fair and lnipaTs
5tial trial nj lg
4 Di ifferent Case.
Mr.. II s,mi til. OF $ the prosaGutio tions "a said iN
jRrun,baugh first said ~ have known TIL H
prisoner and his people so long e do not
teel tNflt = A!| ~ ~ q M ASt5s
case, In the Montague cas- se thers was mo-
Intimacy. ana j not even an q Cd auain ntances
between the prisoner and Juror .$ss
M The case of u. NJ. Drap q n Juror In ~
the ITishburne case. was then AIKEN il ii.
Mr.. Hale was sworn. He: testified n hat
he knew Mr.. Draper and Shea I'd him say
mt the fro engine house that he thought
iFishburne ought to be lync ted. Isl He said ss
IL lFishburne was a poor man hes&wouldas
he lynched. Some one ga Id IL 7 hey GET
that crippled man they II hang the Ajury,lag
t8