The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-12
BURKE TRIAL GOES
OVER TO DECEMBER
Physical Condition Of Defendant
Makes Delay Neces-
sary.
DROVE TO COURT IN CARRIAGE.
DROVE TO COURT IN CARRIAGE
Kentucky Soldier Fined--Grand
Jury Discharged, but May
Be Recalled.

Interest in the United States District
Court yesterday centred around the
case of Frank P. Burke, whose trial
on the> charge of taking letter con-
tanning $3.50 from the mail while
superintendent OF Station b, was sched-
uled to take place, but owing to the
physical condition OF the accused 1t
was postponed until December I'd.
Mr.. Burke was driven to the Federal
building In n closed carriage. accom-
panied by his lawyers and two daugh-
ters and dis appearance indicated that
he was by no means. n we'll man.
Mr.. John A. Lamb! who, with Messrs.
will defend him. produced certificates
from three physicians setting out that
Mr. Burke is not able at this time to
undergo the strain of a trial: that OF
DIR. Manfred Call stating that an i'm
mediate surgical operation is neces-
sary.
Judge Lewis for the government. OPP
posed continuance. and cited the
case of General Tyner, prominent
man. who appeared in court on a
stretcher to be tried
Case Postponed.
Mr.. Smith spoke earnestly for con-
tinuance, and said that within week
after the proposed operation his client
would be ready to appear.
After the lawyers had further argued
the point, Judge Waddill said: IT think
the fact that the indictment was re-
turned only yesterday entities the de-
tense to some delay, but not too long a
delay. :. I can try this case in the las,
week in October or the first in Deem
her. have important engagements
that leave no other time open"
The lawyers then. agreed upon De-
.cember I'd, and this date was fixed by
the court.
Mr.. Burke pleaded not guilty to the
charge contained in the Indictment, anu
his bail bond was renewed
K Mr.. Smith had previously said he
would demur to the Indictment. but
Just before the proceedings were ended
he said he would not pursue this course.
kentucky Soldier Fined.
The court imposed fine OF s100 upon
j. r. Jarvis, the young Kentucky vol
unteer soldier who was found guilty
the mails from the Jamestown Expo
sltion to some one in his home town.
Il didn't know I was violating any
law. / acted in Ignorance" said the
accused
IGNORANCE of the law is no excuse"
times be regarded as an extenuating
circumstance, SO will impose the min
mum penalty 500 fine. Let this be a
warming to you.s
The young man paid the fine and
thanked the judge for his leniency.
May BE Recalled.
The grand Jury was discharged yes
terday. subject to the call of the mar
shall. after bringing three additional
indictments against Grew" j. r. Har-
grave: one against W. S. Buchanan,
both charged with using the mails for
fraudulent purposes. and one Against
Edward j. Cooke for transferring IL
auor from one bottle to another with
out having the bottles properly stamped.
In discharging the Jury Judge Wad-
DIN SAID: Gentlemen. have been
asked by the government to keep this
grand jury open for an important mat
ter which may be presented for your
consideration later on. You are dis
therefore. subject to the call
of the court"
NO one In authority about the build
ing seemed to know what was the ma
ture of the business the court had in
mind The court will hold a session
TO-DAY.