The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-18
Trial Of Agent Green Will
Proceed; Judge Pritch-
ard on Scene.
!. FEDERAL JURIST
WILL TAKE HAND
sJudgc Long Has Already Taken
Prisoner Out OF Hands OF
Sheriff and Writ OF Habeas
Corpus Now Ineffective.
W. II. Tayloe In
dicted.
Iepeclal % rhe rlmea. .pispntef.

II /
4 RALEIGH. N. c., July 1ll---Atter a L
series of legal contests extending
Through the day and until late in the
evening IN the sensational conflict be-
! tween the State and the Federal courts i
Involving punishment for violation OF
tho state railroad rate law, the de-
y fendant Southern Railroad Company
and the prisoner, Agent r e. Green.E
were directed TO make plea as to-
guilt In the language of counsel for
the defense, the defendants stood I.
mute under the circumstances and I
an. order was entered that hearing OF |.
evidence as TO guilt begin Tomorrow.
morning at 10 o'clock
Judge Pritchard, of the United States |
Circuit Court is on the way 10 Ra-E
leigh from Ashevil1e. and will take al
hand in the conflict tomorrow. What T
& that viii he remains 10 be seen. but 1t /
Is believed that 1t Will he most prob I
ably To take in some way the custody
OF the prisoner on the ground that the
whole matter Is at Issue in his court.t
and that the proceeding !ns the state
court at this stage of the testing of
he constitutionaliy OF the rate act has
no standing. 1t is With intense inter-
estYtiat the arrival of Judge Pritchard
or an early morning train and the re-
convening of the State court BY Judge
Long at 10 o'clock are awaited.
sharp Filings of Lawyers.
This morning when Judge Long
convened the superior Court counsel
ffrs. the prosecution 1oigedHa lnotion
for the Immediate trial of the prisone,
on the ground that there was q move
en the part Of counsel for the Solit n 81
ern and Green to delay any trial until
the arrival of a profess fronlethe Fed
eral Court TO take the case and the
custody of the prisoner from the State
courts. EX-Judge "A. c. Avery made
answer for the prisoner that he had
lust arrived from his home In Nor
canton, and had had no time to in
yestigate as to the rights OF his client
or confer with associates as to the
best course to pursue.
What he wanted was time to prepare
for the proper defense of Green. whom
$ he had been retained to defend. ~ j.
Justice, of counsel for the prosecution,
arose to interrupt Avery IN his remarks
to the court, but was cut off with the
fling that he (Avery) was not there
preparing any material for the next
campaign. but solely for the purpose
of defending mud maintaining and de-
Tending the rights of his client. In a
statement from the bench Judge Long
TOOK the position that II it was the
purpose of counsel for the Southern
to impede and delay the court and In
the end deny the jurisdiction OF this
court and strive to have the prisoner
taken by process from tho Fedora!
u,
Judge Long Direct.
on behalf Of the Southern, f. II. BUS
bee made answer that for tho intor-
ation of the court he would say that
he had been engaged In the prepara-
stion OF plea to be filed in this court
but he could make no pledge as to
whether it would be approved or used
when the general counsel came to con-
fel regarding the matter. The answer
OF Judge Long was: The question is
DO YOU propose to recognize the 1urls.
fdiction of this court, or will you seek
to thwart this courts proceedings VIII
lwrits from other courts?" The an
swer was that the defense might after
consultation, file a plen as to jurls'
dictlon but no pledge not to take tht
case to the Federal court through
special process could be elected from
icounsel
The outcome Of the ,cross-hring wa
that Judge Long announced that III
would call the case for hearing at J.
o'clock.
The general understanding was tina
writ of habeas corpus was eXpecte
to arrive from Judge Prltchard on tn
i12:45 train.
Takes ChnrSc of Prisoner.
However, just before noon, 5Judg
Long summoned the counsel in the cas-
before him and read toE Sheriff Scar
a special order from the court direct
ing him to surrender the prisoner
Green. into the custody Of the coul
md directing the prisoner to renal
Mt the bar of the course when In ses
sion. This move was because 1t wa
known that a writ Of habeas corpr
was expected hero from the Federt
court at any time commanding tn
sheriff to produce the prisoner befol
tho Federal Judge, and the passing {
the custody of the prisoner from tt
sheriff would vacate this writ, and I
Ruch process could apply toJudse Lor
" while holding the prisoner In his oW
custody. And he can be forced to tt
trial NJ the peasurerof the court.
AS Argue Several Hours.
Immediately on convening of t
court at 2;30 the case against Il
Southern Railway and Agent Gre,
was called and COUNSEL for the pros
cution announced readiness to proce
with the trial. Counsel for dafendar
filed pleadings of special appearan
on several grounds, one after tho 9th
the pleadings and arguments there
continuing until nearly s o'clock,
being overruled in the end and t
ss defendant Green directed to make J
pleadings to the charge guilty"
mot guilty" In which ho stood m,
under the circumstances, i as gcoun
expressed 1t, and tho court direct
The recording of mot guilty. as I
5st (Continged on Fifth fFage) .f