Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1909-02-13


set aside the verdict, but would take
time to give the matter thorough
and CAREFUL consideration before rem
dering his decision. Tartte and
White were required TO give
bond. with good security, in the sum
OF $500 each for their appearance on
the first day Of the February term
OF the court.
The hastings court, Judge ]. NJ.
Mullen presiding. met yesterday morn
ing at half-past ten O'Clock. TO hear
argument on motion for a new
trial in the case OF Rev. Eli Tartte
and Joseph White. colored who were
convicted a few days ago OF an as
sault on Levi ID. Myers. colored, and
their punishment fixed at twelve
months each In Jail. Before the ar
gument was begun Il was discovered
that the instructions given by the
court 20 the jury ia the case had been
misplaced and no one could tell
what had become of them.
The argument was opened by Mr..
Charles Trotter Lasslter. who, with
] Messrs. Paul Pettitt. p. II. Drewry
1 and Samuel w thinner represented
|
| the verdict OF the jury in this case
was one OF the most shocking AID
improper tnat he had known in a
practice of sixteen years at the bar
and contended that no actual assault
had been committed by his clients
Mr.. Lassiter briefly reviewed the ev-
idence in the case and the instruc-
ton OF the court and held that the
punishment fixed by the jury was
most excessive.
Mr.. I.assiter was followed by Mr.
Mann the attorney for the Common
wealth who made a strong argument
in favor OF the court UNFOLDING the
verdict of the jury. He said thai
the verdict was a. just one and JUS
what II should have been Mr.. NAM
reminded Judge Mullen that otter
the jury had been impanneied. HI
(Judge Mullen) had stated from th'
bench that the jury was a good on
and one that would decide the cas-
impartially. He then briefly review
ed the testimony and the instruction
. OF the court and declared that tn
verdict of the jury was what IL shoul'
have been from the testimony ant
the instructions of the court.
Mr.. Mann was followed by Messrs
, Petit and DTewry.
After the argument had been con
cluded Judge Mullen stated tina
shortly after he became judge he be
gan to see the trouble at the Harri
; son Street Baptist Church, colored
cropping out. and that this troubl
had been going on ever since. II
4 did not believe a Moses could put a
end to the dissensions now existin
: in the church.
n Continuing. Judge Mullen state
\ that there was coterie in the churc
which was determined to rule c
q ruin. Speaking OF Tartte. who o.
cupied a seat among a crowd of N,
groes outside of the bar, Judge Mu
len said that he was not a propt
man to be pastor of the church. an
THAT for the interest of the church an
:, the good of the community he shoul
r resign his charge and leave Peter
i burg. Judge Mullen declared thi
n he had endeavored to keep his min
q clear and his head cool In the
\ church matters. and that an eI
a must be put to these disturbances
q the church.
Judge Mullen stated that
L. would reserve his decision to &
r. next term or .ae court and tn
~ Tartte and White would be releas
n. on bail In the penalty of Ave hu
l. dred dollars each. Bail was Civ
" Petersburg, Va. Index-Appe
s. February Z. 1909.
III 49,
IL, At the regular business meetI
ui of the Harrison Street (colored) b
&c tist Church last Monday night, r,
Eli Tartte, the pastor. presiding
moderator, the Tarfte faction bel
LIN the majority took unafferu In In