Daily press. [volume] (Newport News, Va.) 1896-current, 1908-02-21
HALlCE IN BLACKSTONE
Case, SAYS AsYBY
Continued from INrat pageo
ssablished, | shall rejoice in It," said
MIR. Lewis.
Suspects Revenge and Venom.

4 MIR. Lewis.
suspects Revenge and Venom.
g. Aylett Ashby. senior counsel for
Judge Blackstone, presented quite Il
inherent phase of the case. 1T is
the frank belief of many of the friends
4 OF Judge Blackstone" said he. that
there IL malice and venom In many
OF those WHO are bringing forward
these charges. And we do believe
tue Gssire to have him taken rom
tss high position he now holds IT, In
+ many instances IN this matter actu.
AIRED by desire which does not EAR
'he beautiful face painted by the
gentleman who has opened in this
matter"
Mr.. Lewis dnterrupting MIR. Ash
4 pyo: Show ME where there Is any
malice In this case and will retire
from It.
Mr., Ashby-Dldn't ho oppose you
Tor commemorative attorney for
Hampton?
This colloquy was interrupted by
me chair. who regarded the person
atties as Irrelevant
MIR: Asllby next raised the point
7hat under section 104 of the con.
4 stltuuon. the Judge was entitled TO
days notice OF the prosecution.
he. '' '''"'' s"'N
ne chair overruled this motion.
ne present proceedings" said
s'plopel Mass!c, do not amount to an
hction FOR removal, hut simply for an
s auvesugation upon the rsulta OF
which the committee Is to make a
report to the House OF Delegates II
q. therefore. uhe opinion that the
REQUIREMENT of tho constitution con-
fcerning the 20 days notice does not
amply"
Wanted Specific Cha ces.
Next tho energetic ana tenacious
slsnby, who already has shown him
sefr an uneompromieing fighter, rails
ed Tho point that the charges were
anjusily vague. and therefore mt
the defendant TO a cruel disadvantage
in preparing his defense.
Mr.. Ashby insisted that Judge
blackstone should be confronted with
more specific allegations. Flst OF all
be desired specific allegations "a 10
Tho exact time OF certain alleged
drunken sprees.
Before this matter had been fully
entered into the chair enumerated
the broad general principal that all
OF the alleged m!sdemoanors must he
proved 10 have been committed with
IN inc present terms OF the Judge -
Yhat ~, since February, 1904.
Next arose a verbal controvcrsv ma
70 the charge alleging the Judge 10
have fallen asleep on the bench willie
trying n case. The defense wanted
the exact time OF this transrrosslon
ct forth.
IN the quasi Indictment framed
against blackstone the offensc ia said
20 have been committed at the spring
term OF 1907 Mr.. Lewis exnlalned
this morning, however, that this was
s inaccurate. He said the time OF the
urowsy spell was July, 1906, Mt the
lrl rial OF Leonard Sheets. He asked 10
be allowed to amend the charge ac-
cordingly.
10 sthia seemingly innocent change
Mr Collier of the defense objected
most strenuously. He said n WINS
the amendment OF material par-
ricrlar In the allegations - not n
merely clarifying amen lment.
Mr.. Lewis was allowed to amend
tue chaTges as he asked. hut with the
understanding that the defense. If IN :
Ken by surprise at the change should
be allowed time to prepare their case
I accordingly.
Counsel for the defendant now re-
sumed their demand for sneoiflc
charges - specifications us to exact
time OF drunkenness. neglect OF duty.
etc. Take this. for instance" ex-
claimed Mr. Ashby. Judge Black.
stone according TO the charges. Is ac
nused of having neglected to open
court at the hour appointed. The
court reco7d is obtalnable. We should
know the day"
SURPRISED at rhelr Tactics.
Fun OF ginger, animation and
seeming surprise, Lawyer Lewis
= bounced up and exclaimed: ut strikes
me as very remarkable In the gen
tlemen representing the defendant
that they should require the chnrg.
es and specifications in this case =
that of a circuit judge--to be OF that
strict and narrow character that
would obtain In the defense OF a
criminal charged with a felony.
II mistake not Judge Blackstone