The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-19

Witness after witness appeared be
fore Judge r. Carter Scott, of the
Henrico County Circuit Court. yester-
day testifying against Magistrate
James T. Lewis, who is charged with
malfeasance by Deputy Sheriff Il. b.
rrraylor and Constable Charles o.
Burch. The witnesses for the most part
sustained the charges made against
him of completely in the case of the
Commonwealth against Sidney Hutzler
and of his alleged failure TO make
The proper returns for fines and costs
imposed by him on prisoners tried in
his court. The proceedings began yes-
terday morning at 1C o'clock, and court
was not adjourned until after G
o'clock in the evening, when the pro.
secution, after hearing number OF
witnesses and introducing much docu.
lrentary evidence, rested its case I,
Is expected that all witnesses for the
defense can be heard by noon to-day
and that Judge Scott will render hi,
decision by tonight
strictly speaking, 1t is not a Com
monWealth's case, the charges having
been brought by Messrs. Traylor anc
Burch, right that any private, citi.
2ens have.
AFTER the completion of the inyes-
ugation Judge Scott will hand In his
decision and decide whether or not #
is necessary to place the case before
a special grand jury for investigation.
Magistrate Lewis is being represented
by attorneys II. NJ. Smith. Jr., and Con-
way Sands. and the prosecution by
William L. Royal and CONFERENCE.-The
Attorney Julien Gum
Many witnesses testified 10 tho fact
that Mr.. Lewis was guilty of the
charges IN. dhe. Hutzler case and to
certain Irregularities in reporting his
fines. and in addition to this Attor-
ney Kirk Mathews preferred additional
charges accusing him of refusing %
Try the case of Reyi against Stumm,
which was called in the county magis-
trates court December 10. In the alb
sence of Mr.. and Mrs. Herr, who dis
appeared soon after the first hearing of
their case against Hutzler charging
him with a capital crime, the court.
after some argument as to its admis-
sibility. allowed Mr.. Royal to read
the stenographic report Of their testi-
mony. which corroborated statements
made on the stand by Constable Burch
that Magistrate Lewis visited the Herr
house in company with Attorney Har-
old Bloomberg and Ellis Hutzler, a
brother of the accused. Burch and
Traylor also testified that Mr.. Lewis,
on the night of his yisit-October Ii
stated TO them that he was represent
ing the Commonwealth. while in the
lai office on October N. the day that
Hutzler was arrested he admitted that
| he was his tHutzlers) counsel. init
mating. according to the witnesses,
that he had some knowledge of the
fusitive's Whereabouts during the ten
days that the othcers hah peen scar
ing for him.
Call Many witnesses.
After the small army of witnesses
had been called and sworn. Clerk sam
ne, p. waddill was first called to the
stand to identity the warrants issued
against Iutzler. Policeman I1ller tner
told that the warrant had been de-
,iyered TO him. and that he had search
ed in vain for Hutzler. Commemorative
Attorney Julien Gum stated that Mf
Lewis had called upon him in October
saving that he was associated witt
Mr. Eloomberg in the case, He asked
il it would be proper for him to con-
sult Magistrate Darricott TO ascertain
if the facts in the case correspondet
with the charges made in the warrant
This, however, was with tho distinct
understanding with the Common
wealth's Attorney that no change be
made in the warrant until he was
again consulted.
Deputy Sheriff Tra2lor testified that
on the night OF October II, he. Con
stable Burch and Policeman Bendall
vent out int neighborhood OF the
Herr and Hutzler farms for the double
purpose of trying to find Hutzler ant
. look for certain men who wer.
thought to be depredating on the farm
owned by his brother Sidney. lie sale
hat while on the roadside. about on
ind one-half miles from Glen Allen
3ey stopped two buggtes. In the frs
hey found Mr.. Bloomberg, Ellis IIutz
er and man whom they did no
tnow. In the second buggy, he sait
here We're Magistrate Darricott ant
Magistrate Lewis. The latter. he said
I'D his coat collar turned up and hi
hat pulled down and said nothing un
II he was recognized asd asked wha
10 was doing there,
u am here in the interests OF tn