The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-06

nsked M 10 What he said about the soild-
az "A a telegram utsAppotna by hin-
3helf and AndIs FORBES on Sunday May
Inc ed I, and i b the two toget Their did not
get the telegram sent. Morgan denied
Knowing tho contents Ut the inessngc
Watch Night Train.
isJohn51tg Sears, agent and operator at
Appoinnttox, was called by tho defense
10 Inpcach Morgan and was asked aif
gAndis FORBES and Charlie Morgan cahio
to his 6fficc on Sunday, May the ga.
lie stated that q & MI. Forbes aid Mr..
Morgan ibid mot know w hat Mr.. Morgan)
came into Mis- ONCE and wanted 10
send III d telegram TO- IA Lynchburg The
3ticssuEe was 10 watch the night trains
ana sarrcst Charlie Forbes Charlie Mor-
gan vas called before the Witness and
Identified as the person who sent the
message. Ills memory was accurate about
stha sending Of e. the y message. Witness
was prepared to say that Morgan knew
the contents OF the message. N RI Y.
The examination OF Ekin Ageo had be-
gun when Mr. HUBBARD Interrupted the
ana asked the court to send
tho Jury out, and hear the evidence OF
JS IL. Morgan as IL To the incompetent
OF one % he Jurors. "a 4 NJ N
Witness yyas asked as to any statement
he had heard by j uror venable as to his
opinion Of crctmstantial evidence, ana j
stuffed 4 that venab1e on the train said, In
speaking OF the woodbridge and McCue
5cases that ho did not believe In hanging
q man on crcumHtantial evidence.8I
Further that he did not believe in circum-
stant1al evidence. vi t 81 * ,l8 3ij
Poll the Jury
The court then announced that no would
bring the Jury in and poll them.&i Nor
Eo,, e,tr ~
stuffed that. he wa 8 Bon the Southern train
and this gentleman here identifying Ven
slblc) said that he did not believe In hang
Ing on circunlsta ntial evidence; # that he
did not believe In circumstantial evidence:ii
that he stated thatsh had been summon
ed as d Juror in the ooldridge case.
The witness Is d travelling man, ana Il
nephew OF John 8 !. D 70 hes. whose build
ings were burned. s n 4. NJ
Witness said this occurred sometime be-
tween the LIST and Isl TIL OF Dozen ber II TSs
George Norris was then Il placed upol,
the stand and rcpea ted what he had pre- n
SYiously testified to- that Mr.. ~ w, Ven
able. q member OF the jury. had said IN
his house that he would not hang man
onScircumstantial evidence. al 81
s$S4 j JUROR Venn bic RENE n1bered N being M on
Southern RAJ lWay; and having talked with
Mr. g. n s. Wing, Il and his whole CONVEX
lsation was upon I'd The iAfcC ue case. Tie
had often said he wouldn't hang OH
5circumstantlalg evidence unless the case
was made very clear. Did not recall
Morgan stating Il to Z him that he ought
not to serve on this case Is ~ 4,
S&s Lonsford Butcher, q Juror, was put on
the stand; on yesterday had conversa-
ton witt, 81 Mr. Yenabl g. Venable said:
Butcher. old boy. u 3 m fraid y ought
not to be on this jury. Il & ~ s4s M
iyS$ The Jury was them sent out, and Mr..
T. @3y w, }5s bard then asked that Juror
yVenable be Withdrawn and another Juror
put in his place Nm 53s
y This otion was Seloquently and forci-
bly, Il opposed 81 BY q the attorneys for the
defense. Congressman flood " and III Mr..
William i nncaster ana IA ttorney Aubrey
Strobe, Of Amherst, who is aiding in the8I
Il then II Iii an able. eloquehtS|
and forcble speech, insisted on the dis
charge Of the jury
.y At the end of heSargument4 the court
decided TO take time to sconstde the mo
ton for dismissal of the jury. 3t}g}{l
g j tror$ enable sked @permlssio lon TO 40 III
dress the court. and \ said tina he took
the oat to try this case fa irly and 4 to
do his duty, and that l,e3 WI he'd 70 say
this to the court, lawyers n and u tp the
$ueople OF Farl1vile 81 ri
Ts Tie court then said Il that It had not
Intended 4 by the course It had ursued
to reflect upon the cha cters OF ems
able. & "a $4t :. 4,
IA ire county, and tits eleyed that the
remarks he made, 1t any, about not cons
3yicting on circumstantialSA idence q We're
idle tai X,