The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-23
Commonwealth Opening.


Mr.. Mintree Folkes the Common
wealths attorney proceeded at l0.iO TO
sum up the case before the jury. He
spoke in very plain English. and without
any crcumiocution or any effort at ora.
tory he went directly into the merits of
the case Mr.. Folkes frequently referred
to the accused as a rascal. a swindier,
a scoundrel. liar and thief. and
summed it all up by describing him as a
.'hypocrlticnl. sacrilegious thief, who not
only robbed his fellow-men, but robbed
also the church of Cod
The attorney declared that had he
brought all the people TO the court room
who had been swndled by Burton and
the women, and made witnesses of them,
the Jury would have been kept in the
box ten days hearing the testimony.
Mr.. Folkes reviewed the testimony, Civ
ing special attention to that of Mr.. Sands.
He followed up the course of Mrs Bur-
ton and the "nieces," and commented on
the testimony of all the witnesses, show
ing frauds practiced in connection with
the selling of tickets to the concert. To
connect Burton with the frauds COM
mitted and the false representations made
by the women, Mr.. Folkes gave special
attention to the testimony of Colonel w.
II. Palmer, to the effect that he gave
check for $ to Mrs. A. C. Burton,
treasurer" and that Burton endorsed
that check and collected the money on it.
Burton knew by the circular he himself
mad printed and circulated that Mrs r. F.
Walker ans not Mrs. Burton was the
treasurer.
When w. #. Richardson stopped pay
ment of his check given the women. Bur-
ton, who had endorsed 1t. called on Rich
ardson for an explanation, and when
Mr.. Fleming contributed an order for
candy. Burton called in person to collect
the candy.
The Whole Thing.
Burton boosted that he was the Bur
ton Lyceum that he was ut" The
attorney argued these points In the testi-
mony to show that Burton was also TT
in all the frauds committed and all tho
Misrepresentation.
He then discussed the contract between
a. G. Burton, the party of the first
part" and the Rev. II. l.. Weston, the
party Of the second part arguing that
it was cleverly framed by Burton for the
purpose Of defrauding. Mr.. Folkes closed
his first speech at 11:50. with an appeal
to the jury to convict the prisoner and
give him sis, months in jail
Strong Fight for Him.
Mr.. Pollock then took the floor for the
8 defense and expressed surprise at Mr..
F'olkess argument or "the lack OF ar
gument, In his speech" The purpose OF
the law in giving the Commonwealth the
opening In a criminal case is that It's
attorney may present the law and the
testimony and give opposing counsel
something to reply to. las Mr.. Folkes
has done neither, must proceed to dis
cuss the law and the evidence on my own
hook. Mr. Pollock said he wanted to
put the jury and the whole world on no.
tice that he was asking for no sympathy
for his client. he asked no fayors, There
are oaths that bind Judge. attorneys and
Jurors In this case, and that Is that
they must he guided solely by the law
and the evid ence and not by sentiment or
frenzied appeal. Claiming that the Com
monwealth had mot made out It's case
with2the necessary evidence, counsel pro-
Y ceeded to review the speech OF Mr., Foxes
and again declared that there was no evil
) dence TO Justifyaany OF his statements to
the jury, III ,S.
Law and Evidence,
Mr.. Pollock then reviewed briefly Rev.
4 Mr.. Wesson's testimony, and claimed
that the minister authorized Burton to
d4sp.pyt htnE and -eyerythin e to }atae IN trcht