Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1909-11-20
CoAnoNwEALTHs ATroRNE7
MAINS STATEMENT

In order TO give both sides In this
case Mr. r.. TT. Mann. the attorney
for The Commonwealth. was asked
by the Index Appeal representative
Tor such statement as he would
make for publication in reference 70
the action OF the court in the White
case and furnished the following.
In response 90 your request. with.
out solicitation by me. 20 state the
substance OF what occurred in The
Hastings Court this morning. in
connection with the action OF the
court on the motion for a new trial
or the case or the Commonwealth
against Joseph White. which was
pending In the said court. and which
incidentally involves the prosecution
OF Eli Tarttc for an assault upou
Levi d. Myers. T desire TO say that
after being notified by Judge Nul.
Ion. through Mr. Robert G. Bass
OF this Office. 7 went down 10 the
court room az ten o'clock: and after
waiting Tor sometime. counsel for
the defendant arrived. and Mr.. c
n. Lassiter began 90 argue the mo.
ton Tor setting aside the verdict
OF the jury in the case OF Josepb
White In the last trial. imposing n
JAN sentence OF six months and a
fine OF 10000.
Before Mr.. Lassiter completed his
argument: and before Judge AIul.
lens decision. and without anv inti-
nation that he then intended TO mass
on the motion, or anv suppestio,
that / be heard as the representative
or the Commonwealth in the arFu.
ment OF the case. Judge Mullen said
that his recollection was posirive
that Levi ID. Myers had made differ.
ent statements In the first trial from
thoSe IN the second trial: that he
belleVed that he had made IN his
testimony after hearing the arp1-
ment Tor setting aside the verdict on
the INST trial in order to fit the
facts; and that such different state
ments should have been put in evi.
dence by the defendants counsel at
the last trial OF the case. He then
stated that proceedings should be
taken against Levi d. Myers for per-
jury. 10 which I replied that. II pro-
ceedlngs for perjury were to be
taken, ! was satisfied I could con
Wet Tartte OF perjury: but that
ala not want to be put in the atti
tude OF prosecuting.
Judge Mullen then reviewed tho
CIVIL features of the trouble IN Iar-
rison Street Church. stating that fbe
anti-Iartte faction-or as he fern
ed them, the deacons had been An
fault throughout the whole contra
versy, and endeavored to create a
disturbance on more than one oc-
caslon; that be had been Informed
% John Johns that here would he
trouble in case an attempt was made
70 expel the deacons from the mem |
oership OF the church: that DR.. I
NJ: Pitcher and Mr.. Robert Gillian. |
VINO had previously presided over
the meetings held at the church. !
stated Co him that the disturbances
an the meetings came from the anti.
Iartte SIDE; that he believed that. |
on the night the assault was al /
ieged 70 have been committed, Jos.
sph White had no intention OF using I
ms pistol, even IL he pointed It at |
Lew ID. Myers, and that the anti.
,IArtoe faction. who he said had |
Deeh holding business meetings IL
ehe YARD or the church. for the pur.
pose OF making trouble. marched 20
tne church In body that night for
the purpose OF seeing sbat shesr
wishes were carried out.
He then stated that he thon1hf
that. In these cases-meanIng tbn
Tartte and White cases-the aefen.
dants should enter a plea Of noIo
contendere, which, he said. practi.
cally amounted to a plea of guilty
Judge Mullen further stated thar
he thought the Commonwealth
should be satisfied with a substantial
hne In these cases; and asked me
what ! thought about the matter. 7
replied that differed with him that
my mind was made mp. that 7 would
not consent to It, and that I Thought
the defendants should go to fail. III
then stated that, as far az the civil |,