Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1909-12-11
Very Truly Yours,
DAVIS & DAVIS.

moving the bitterness OF the Cd
posing faction against this man. the
result Of the Commonwealth At.
torneys refusal has been just as !
wrote him, January p. 1908 when
! enclosed him this letter and
which 1 took occasion to say: IF
Iartte is tried, whether convicted
or acquitted, he is going 10 remain
IN petersburg, and viii be the oc
casion of further trouble" Yet
so anxious have been 70 get him
away, ! have urged his people 70
dispense with his services. Thevil
ma no fault in him, think he is be-
ing prosecuted, and are standing by
MIN. Suppose he is sent to Jail.
VIII not they continue 90 stand bv
hlln2 why cannot some OF the good
citizens Of this city, especially OF
the Baptist persuasion. tale This
matter in hand and try 70 devise
some plan acceptable In both fac.
tons TO quiet the disturbance They
can go 20 the root of the evil ana
see why IL is these outbreaks are
constantly recurring az that church
mere have been repeated eruptions|
there, and long before Tartte ever
came 70 Petersburg. The Court asks
the law abiding rieht-tbiaking neo.
PIE or this city 90 hold M its hands
and assist IL in its efforts TO aIIav
TINS strife. Why should the Court
90 counter 90 what seems 20 no tho
popular side of this controversy. nm
less IL believes it is right. II Is
much easier TO float with the chr
rent than TO stem the tide. 7 am
conscious OF having done nothing
save what 7 conceive 10 be for tho
best interest and welfare OF This
people
IN MS communication OF the oath
UT Mr. Mann alludes to the Police
Justice, Mr.. Chas. r. Plummer. This
Folice Justice informs me that he
ald not hear the evidence In tho
nrst trial In my Court for the al
leEed assault upon Levi ID. MYERS
Out from what had been told him OF
that evidence by attorneys both in
lerested and disinterested. and vvho
ala hear the evidence. he Is salts
ueu ne would have. upon that cvi
oehce, discharged the defendant ma
the evidence so reported was differ
ent from that before him. He has
since told me that, perhaps. he boe
lo mat, as the jurors were tho
,IleTs or the facts az issue. the YER
ulCI should have been allowed 10
stand except for very corent reo.
suns 10 VIII be remembered n
stated in my communication of tbe
ASl UT why I set aside both the
lIsI and second verdicts in that
.aSe' j thought then. and 7 am 81
1he same opinion stul. thev ware
sood and sufficient reasons
In setting aside these ver,Ncts
I thefe was no intmation from tbc
/ court that the jurors were Drafr.
ulCeo. There was no occasion for
'Ae Court so 20 do. Thought. and
sun think, there should have been
/ an acquittal az the first trial. but
~ is common occurrence for the
court and the jury TO think differ
entity as 20 what should be tho yer
dlcJ The law. however. recognizes
lhe Iact that jurors may be innu.
/ ehceu, though uncon yciousiv. nv
popular cl2mor. It provides for ?
| change OF venue, or Tor Tho sum-
monlng OF jurors from another i'm.
rlsdlction, and IL clothes tho Conf
win the right and the DUTY To ser
| aside the verdict.
MI Mann comments upon what
ne considers the inconsistent nosi-
lloh taken by the Court IN intim--
llhs IL might allow a verdict to
stand imposing a fine. In my com
hunlcation Of the Dist ult. I al
iuded TO this. when ] said " not he
cause that woull have been right
! Out as being better for all concern
ed than continued agitation of
these charges"
Mr.. Mann also intimates am
consistent in trying these criminal
prosecutions. but declining 10 try
the civil case. 7 am not conscious
OF any bias against the Common
Weaith. My duty. as 7 conceive II
is 20 protect these defendants from
witnesses who materially changed
tneir testimony, and il deem II
necessary I shall again examine
them. No other Judge not haviua
heard the evidence in the first trial
would be in a position to afford mis-
one eason for retiring from the
ciVll case was that. in its determi.
nauon' ] would be both Judge and
jury and / have already In 2 pre.
Nlous suit, adjudirated the matters
wing rise to this controversy. 7
might and could ASSIGN other rea-
sons, but the above is sufficient.
And now Mr. Editor. 7 am done
with the whole matter so far as the
public print is concerned. You
thought that. under the cjrcpm-
stances surrounding it, should
speak Contrary to custom. and
Keeling this was an exception to the
rule, / have done so. ] thank Won
for the opportunity. and appreciate
your motives in calling upon me.
/ Very respectfully,
]. NJ. MULLEN.