The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-06


the Thornhiil resolution. We did not
ask 1t: did not desire 1t. and
know nothing about It. we are pro-
eeedIng Under an nct giving us the right
OF appeal from the Judgment OF the fac
ulty in this particular case. and we want
this pnrtic,Ilar case decided, not n general
Investigation OF tho institute. tnlesa this
matter can be heard Tonight, II cannot,
In the laBt days Of the General Assembly
b0 heard at all.
Tho appeal WAS presented MS eurly as
1t was possible to do 80. AT my own
expense i sent ten copies OF the appeal
as soon as II came from the press to the
authorities. OF the Virginia Polytechnic
Institute. Contrasting this with the
treatment we received at the hands OF
the faculty and visitors 1t comes. | repeat,
with bad grace from the other side
to ask FOR time. We were not even nl-
lowed to have the record In the case un-
I'll we appeared before the visitors for
an argument of It."
A Misrepresentation.
Judge Christian, asked Judge Horsiey
at this point, did not DIR. McBryde send
you letter setting forth In full the de-
tails OF the charges against the cadets?"
"He sent me letter" responded Judge
Christian sharply, which purported to be
n statement OF the case. but which was
not and which was Misrepresentation
OF the charges ns we learned upon an
examination of the record"
Judge Christian proceeded to review
como of the history OF the case and to
point out briefly the grounds for the
el peal. After consultation with Mr.
Brown and his associate counsel, Mr..
Braxton, who again protested against the
hearing, but demanded moro time II there
was to be a hearing. indicated for the
benefit OF the committee that he thought
1t possible by using the telegraph wires
to get the majority of the visitors here
by Wednesday night. But the argument
of this point had only Just begun. and
as Senator Daniel arose to make his first
oral statement OF the case, there was a
perceptible movement on the part of the
crowd. indicating keen interest.
Right to Reply.
Il have heard with regret tho motion
for postponement, but have heard with
delight the argument used In support OF
that motion-the right to he heard" de-
clared the senator. lifting his hand and
pausing impressively, as he uttered and
emphasized the last five words
The right to be heard, gentlemen
the right that was denied to the other
the prosecution Of three boys who were
in the custody of the Commonwealth of
Virginia. and who had as their imrne-
date guardians the faculty OF the Viz
GINA Polytechnic Institute. They were
tried by witnesses who were heard in
their absence. The evidence taken against
them was not communicated to them
They were carried one by one and in
Questioned in pritate in an attempt to
make them convict themselves out OF
their own mouth. My friend here went
to Blacksburg and appealed for hear
ing. He was denied three hours in
which to get witness and a friend there
from a distance. copy of the record
was refused to US until we got on our
feet to argue the case In Richmond.
And yet, In spite Of all of this the first
time We have had any sign of hearing
In the open. the first cry from the fac
ulty and board is for more time, in or
der that they may be heard
Proceeding. Major Daniel made some
reference to the "hazing'' Incident and
the 'proceedingsv in connection there
with. He was expressing his opinion of
these proceedings with characteristic
vigor and plainness when
Il must protest" declared Mr.. Brax-
ton, rising. This is motion made to
hear an appeal at this time Under dis
gu!se OF that motion my learned friend
is arguing the case and is laying before
the committee all of his charges"
Every one of which we deny added
Judge HorsIey. ..-.ls So,
Il am endeavoring to indicate to the
committee the grounds for the appeal"
said Senator Daniel, and then smiling
into the faces of the opposing counsel.
II am sorry my statement is so very dts-
agreeable to my good friends. or course,
we desire to give these prosecuted gem
tlemen every opportunity to be heard. y
Loud applause greeted this sally.
Certainly 1t is disagreeable to hear
statement which We regard as unfair
and unjust. retorted Judge Horsley.
To Their Faces.
I'VE would scorn," continued Senator
Daniel ITO say things which we would
not say to the face of the institute au-
thoritles. looking them In the eye. We
will do everything In our power to have
the entire faculty and board here. But
none OF our clients are here. One Of the