The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-10
ROBBERS REFUSE
TO PLEAD IN COURT
Judge Wadtlill Finally Agrees to
Postpone Hearing Until
April 20.
BIG FIGHT EXPECTED NOW
Fay Hopes to Secure Funds From
Relatives to Conduct Ills
Defense.

When Frederick Cunningham, alias
! Little Dick" Harris, refused yester-
| day morning to plead to an Indictment
! charging them with robbing the
| cashiers vault in the Richmond post
| office, Judge Edmund Waddill, Jr. in
| the United States District Court. en-
| tered formal plea OF not guilty, and
| with the consent of District Attorney
| Lewis, and at the request of Attorney
| II. NJ Smith. .lr., for the prisoners,
| set the trial for April 20. The hearing
yesterday was attended by a crowd
! that filled the courtroom, while out
| side in Seventh Street hundreds of
| men. women and children waited and
watched for q chance to get glimpse
! of the yeggmen.
AS Fay passed through the door of
the courtroom on his way out he was
heard TO remark. Two will fight this
case to a finish" and his determina-
ton is clearly shown from affldavits
allowed by Judge Waddill. in which
both he and Chester swear they are
without sufficient funds to employ u
lawyer, and ask that reasonable time
be given In which to communicate with
friends and relatives Fay claims he
has relatives in Western States. and
his affidavit is that they will come to
his aid when called upon.
Tried to Excnpc the Curious.
Both men observed the same charac-
teristic attitude which marked their
appearance In public on the morning
of their arrival from New York. Fay
shielded his face with a silk handker-
chief. except while in court. and Har-
y u-if ha al r ne a 1. {af
his head sullenly and did not glance in
any direction. Fay was the more com.
posed of the two, and during the ar
raignment he did the talking for him
self and his pal
When Clerk Joseph P. Brady COM
manded the men to stand. they arose
together, and In reply to the usual
What say we, are you guilty or not
guilty?" following the reading of the
Indictment, Fay said audibly: Il have
no plea TO make. Harris did not re-
spond. Judge Waddill then entered
the plea of not guilty. and Attorney
Smith presented the ariidavits.
The aftidavits are interesting docu-
ments. especially as Fay is supposedly
Chicago millionaire. but the state
ments are that the money found on
their persons after the arrest in New
York was taken from them by the gov
eminent officers. and that until late
Friday afternoon, some hours after
their removal to the Henrico jail. they
had not been supplied with pens, PEN
ellis or paper and had been given abb
solutely no chance TO communicate
1Fth anybody on the outside. Both
men express confidence that they will
not be without help in their fight for
| liberty.
Reasons for Delay.
Judge Waddill at first objected TO
the aftidavits being filed, remarking
with apparent vexation that if such
pleas were allowed there would have
been no use in bringing the men from
New York. Mr.. Smith explained that
the papers signed by the prisoners are
not to be regarded as pleas. but SIM
ply as reasons for a reasonable post
ponement. Judge Lewis said he has
no disposition to press a trial. although
he was unwilling that the case should
be delayed longer than was absolutely
necessary. The attorneys were salts
fled with the date selected BY Judge
Waddill-
II was not generally thought yestcr-
day morning that the prisoners would
be brought 10 court, and consequently
there were not many persons at the
Fedora building when the two pris-
oners alighted from the automobiles
at the Seventh Street entrance. News
that they we're to appear spread rap.
idly. however. and before the arraign-
ment began the courtroom was crowded
and hundreds of people were in and
around the building and in tho halls.
It was not necessary at any time to
rap for order. and the police and mar
shals had little trouble In caring for
Fay and Harris. When they came out
of the elevator they were taken
through a room adjoining Judge Wad-
dlll's office, and entered the courtroom
by the door to the south Of the Jury
box. a murmur ripplcd through the
audience. but this hushcd when Judge
Waddill entered, and the proceedings
went on without unusual incident.
May Dony jurisdiction.
Exactly what line OF defense will
be pursued cannot be ascertalned but
there Is suggestion that an effort
will be made to show that the court
here is without Jurisdiction, as the
arrests were made in New York and
the men we're charged there with tho
crime, prior to the time the Richmond
indictment was drawn. The inspectors
do not believe Fay and Harris have
any idea of the extent OF evidence
which will be introduced against them
and ~ Is pTODdble many nllnerlO un-
published facts In connection with the
movements and operations of the off,
GERS will be disclosed at the trial.
Fay and Harris lacked the worn
look which characterized their ap-
pcarance after a sleepless night In a
day coach, although they again avoid
Cd in every possible way the glanccs
! of curious gazers. Deputy Sheriff
! Sydnor was instructed yesterday to
| increase his guard to four men, and
one or another OF his aids will be on
| the inside of the prison at all hours
| of the night and day. whilo a constant
| watch Will also be kept outside.
Sheriff Kemp is not uneasy. and II
! any effort should be made TO take the
men away he believes he has officers
In charge who are thoroughly capable
of withstanding any attack,
Rear-End Collision on n. T. w.
| Especial to The Timen- DIspatch.l
Il