The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-15
Defense in Hechler Case De-
clares Weildenburg Improp-
erly Influenced Grand Jury.
DEMURRER FILED LAT
Attorneys on Both Sides Argue.
and Judge Takes Matter I'm
der Consideration.

\ After hearing plea and an amend
| ed plea of abatement alleging that
/! commemorative Attorney l.. 0. Wen
denburg was Improperly before the
grand jury in the case of Henry G.
| Hechler, charged with violation OF
the Barksdale pure elections law. Judge
T. w. Harrison, of Winchester. sitting
in the Henrico Circuit Court yester-
day overruled the motion to quash the
Indictment. Thereupon ensued a
! lengthy argument on demurrer by
counsel for Mr.. Hechler-Messrs.
O'Flaherty and Fulton, Mr.. II. st. John
Coalter and the Hon. D. C. Richard-
son--on which Judge Harrison will
Counsel for Mr. Hechler and Mr.. n.
NJ. Smith, Jr.. who is conducting the
prosecution sinsle-handed. except for
occasional consultation with Mr.. Wen
denburg, both appear confident of the
result If the demurrer be sustained
the indictment will be declared void.
and Mr.. Hechier will be a free man,
unless he be reindicted: otherwise the
case will proceed to trial that PROM
ises to be long drawn out and exceed
| inSly tedious.
Session of Court.
Court was called to order at 10
o'clock, and the room Immediately filed
with n large number of interested citi-
zens from the county many of them
witnesses before the grand jury, who
had Travelled far to learn what the out
come of the trial would be. The at
Imosphere was charged with suppressed
IeXcitement for sensational disclosures
were confidently expected. However.
the crowd was disappointed in this. for
the day passed without n sensational
feature. the examination of witnesses
and the argument by opposing counsel
| being conned almost wholly to te-
dious technicalities.
After requesting that he be marked
absent, Judge r. Carter Scott formally
turned the court over to Judge Harri-
son. COMMUNICATING Attorney Wen
dcnburg. was also present staying
through almost the whole proceedings.
often consulting with and apparently
advising Mr. Smith, who was conducts
ing the prosecution in his stead. Mr..
Hechler sat with his strong array OF
attorneys, appearing rather listless and
ldlsinterested. looking more like a spec
tator than man whose reputation was
| at stake.
On the converting of court counsel
for Mr.. Hechler entered plea Of
abatement it being alleged in afti-
davits by j. A. Clark and Robert Rose
that Mr.. Wendenburg had been pres
ent IN the grand jury room at the
time of the taking of testimony and
of elaboration, which Mr.. Fulton,
counsel for the accused, said was in
violation Of State statute, which he
quoted.
Mr. Smith opposed the plea, and
Judge Harrison adjourned court to
2:3O O'Clock to go to the State Library
| to consult authorities. Promptly at the
hour fixed, when the courtroom was
again filled with an Interested au-
dience. Judge Harrison appeared. and
announced that he did not sustain the
motion. The court cited the authority
on which he based his decision, and
said that although 1t was better prac-
tice for the prosecuting attorney not
to appear. his presence in this case
/ was not sufficient cause to render the
Indictment void. and therefore lie re-
4 jected the plea.
Mr.. Fulton then offered an amended
plea which was only technically DIFF
ferent from the first.
The court rejected the amended plea
likewise, and counsel for the defense
noted an exception to the ruling. Fol
lowing this, Mr.. Fultonfmade a motor
/ to squash the Indictment on the
ground that Mr., Wendcnburg had i'm
4 properly Influenced the grand jury
4 which Mr.. Smith opposed on TIL.
ground that there was no evidence t.
prove this assertion. It was decided
however, to hear testimony as to tn,
lallegation that Mr.. Wendenburg hae
been improperly before the grand jur,
and that he had influenced the mem
bers in their findings. All wtnesse;
We're then excused. except Messrs
Fourqurean, Ryan, Cross and Putsey
Ell witnesQes Called.
Mr.. Samuel p. Waddill. clerk OF tn,
court, was the first witness called. III