The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-22
Prosecution Proves Case;
Gentry and His ather.
in.law Paid Taxes.
CROSS FIRE BRINGS
OUT NEW PHASES
Frayser, o'Bannon and L. H
Kemp, Jr., Mentioned as Others
Who Paid Capitation Taxes.
The Defense Has Not
Yet Showed Its
Hand.

Judge F. w. Harrison opened tht
Henrico Circuit Court yesterday morn.
ing for hearing the indictments agains,
Henry c. Hechler and Newton L. Gentry
charged with violations OF the pure
elections law. A strong array OF coun-
sci was present Mr.. L. Q. wenden.
burg having declined to serve for per.
sonal reasons. MIR. II. NJ. Smith. Jr.
was designated to represent the Com.
morwealth. For tho accused there ap.
peared Messrs. o'Flaherty & Fulton
IL st. John Coalter and Hon. David
c. Richardson.
Judge Harrison directed that the
panel Of jurymen be dismissed to ii, ilr
room. Rnd the members were examined
stngly. The court put practically the
same question to each iuryman. In.
curing whether they were related by
blood or marriage to either OF the ac-
cused or principal witnesses.
Attorney II. NJ. Smith raised the
point that a. man was not ineligible
for jury service on account OF kinship
TO some witness. Z Judge Harrison
agreed. but said he would prefer q
+ carefully questioned each Juror as to
whether he had formed or expressed
any opinion as to the case. The couM-
sci took practically no part in the ex-
animation of Jurors. and when n,nc
had been sworn. Judge Harrison an
nounced that each side would have the
privilege OF challenging one Juror.
Both Hechler and Gentry We're pres
ent In court, as were gathering of
voters that took every available seat
In the courtroom. When the sever
members OF the jury had been drawn
the remainder of the panel were dis
missed until! to-day at o'clock, wher
they may be called on TO serve IN
further cases. The seven jurors Sit
ting on the case wsre ". P. yeitch,
r. c. Coleman, L. W. Ryiand. r. o.
Smith. W. II. Merryman. S. A. Breese,
L. ]. Provo. Writ Allen and j. E. Rob-
inson. Commonweaith's Attorney Wen
denburg was present in the courtroom,
. but did not sit with the counsel or
take any part in the case.
Mr.. Smith Opens Case.
Mr.. IL NJ. Smith opened the case with
n statement to the court with regard
read portions OF the statute in regard
to the pure elections law as follows.
emitting unnecessary words:
"So candidate for any State or coun-
ty ofilce shall expend any money tn
influence voters In his behalf, or per-
nit the same to be used with his
knowledge and consent In his behulf."
Mr.. Smith continued: The first count
charges that Mr.. Gentry. son-in-law
of Mr.. Hechler. personally paid the
taxes Of w. NJ. Montgomery. amount
ing to $1.58. On second count we
expect to show that Mr.. Gentry paid
1915 in settlement OF the taxes as
sessed against Mr.. w. w. Currie. We
expect to prove six counts charging
~ xrytx
self to influence votes In his behalf.
Now VIC come to the case of Mr..
Gentry. who Is charged with paying
the taxes Of C.. d. Dean. with the
knowledge and consent OF Mr.. Hech-
Ter; also the taxes of E. NJ. Leftwich,
w. w. Currie. w. NJ. Montgomery and
others, and on last two counts we ex-
pect to prove that f. w. Redford and
II. NJ. Atkinson. adherants Of Hechler,
paid money in his behalf for taxes.
and that this money was expended in
payment OF poll taxes. both current
and delinquent.
The Constitution OF the State OF yir.
gtnia provides thar each voter, with
certain exceptions. shall PERSONALLY
PAY. six months before each election
all poll taxes assessable against him.
May 4th was the last day on which
such taxes could be paid. We expect
70 prove that prior to that time Mr..
Hechler was an avowed candidate for
sAe office OF treasurer: that during the
lst, I'd and Sd OF May he was candi.
date subject to the Democratic pri-
mary. We expect to prove that ne
ginning with the I'd day OF May, Mr..
Newton L. Gentry paid the poll taxes
In the treasurer's office of six men. and
on the Sd day Of May of Ave men, and
on the 4th day of May Of twenty-tw
voters. We expect to prove that Mr..
Gentry came into the treasurer's of11ce
with list made out Of the peoples
poll taxes he wanted to pay that on
the 4th day of May he gave Mr.. Rray-
ser. the county treasurer. his personal
check for s51.96 in payment of twenty
two poll taxes of voters.
We expect to prove that on the
4th day of May Mr.. Hechler himsdlf
paid the taxes OF thirteen persons
whose taxes We're delinquent In the
Office of Mr.. Waddill.
Mr.. Coalter objected to the state
mont on the ground that this was not
included in the Indictment.
judge Harrison ruled that ordinarily,
counsel should not go beyond thy
indictment, However, the court held
that the payments might be SO con-
nected as to be inseparable, and Mr. |
Smith was allowed to proceed
Mr., Fulton noted an exception. The
court declined to allow the counsel
to wrangle over what might or might |
not have occurred in the grand jury
room.
Mr.. Smith. for the Commonwealth.
proceeded: 4
Thirteen De1,nauents.
I'VE expect to prove that on these
last DAYS Mr.. Hechler spent nearlvi
The whole time In the treasurers Of
fee examining the tan records to see
who had and who had not paid. Mr.. |
Gentry paid the taxrs OF current par
ties In the treasurer's fArr, FraYser's) |
office, while Mr.. Hechler paid dAlin- !
quelM taxes In the ONCE of Mr.. Wad-
oil, the clerk Of the coun ntY. We ex,
..-.l L