The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-19
CHARGES AGAINST
COUNTY MAGISTRATE
Many Witnesses Testify That James t. Lew
Acted For and Against the Common
wealth at Same Time

Commonwealth" Mr.. Lewis is alleged
TO have said.
Did you find that he was not there
in the interests of the Commemorative"
asked Mr.. Royal
Yes sir, later" was the reply.
Mr. Traylor then told of conversa-
ton in the jail office on the day Hutz-
Ter was arrested. He said that in
speaking of the case Burch said he
intended to get out a search warrant
aud q felony warrant and catch him
if possible. TO which he said Mr.. Lewis
replied: 1T is not worth while for you
TO look for him, you will not find him."
Burch then, according to the witness,
asked how he knew. Il ought to
know Magistrate Lewis is said TO
have replied. Il am his counsel
He then described how. after being
| informed by Bail Commissioner Thos.
| w. Gardner that Hutzler would apply
| for bail that afternoon at 4 o'clock, he
| and Burch watched for him and ar
/ rested him before he could deliver
| himself to the officers. In this con-
| nection he testified that Lewis said
after the bail bond had been issued.
II could not make known his where's
dpouls l. pt!uS MS
He testified also how Lewis took part
in the trial before the magistrate
when Hutzler was sent on 10 the
grand jury.
Attorney Smith, in his crosse xamin-
alton, asked him If he did not intend
TO run for sheriff next time and make
Burch his deputy. Mr.. Traylor de-
Med this and said further that he had
made no bargain with Burch by which
the constable should run for the Of
flee and he take the Office of deputy.
Constable Burch, who was next call
ed to the stand, gave almost the same
Testimony. The only point in which
they differed was in regard TO visit
TO the house of a man named Guiger.
a neighbor of the Hers. Traylor at
first said that he did not visit the
house on the night they met the bug
Gies in the road, but later said that
they did go there on that night and
also the night of October Is, as stated
by Burch. The court made no obiec-
ton TO the change. as ii was evident
" on account of misunderstanding
of the question. Burch was also asked
about running for sheriff. He stated
that it was mostly talk OF his friends.
but that he had no idea of doing SO:
that he had had but little talk with
Traylor about it, and certainly that
nothing In the way of a bargain had
been made between them.
Policeman r. w. Bendall, Magistrate
r. ]. Puryear and Deputy Sheriff w.
w. Sydnor were placed on the stand
and corroborated the testimony of
Traylor and Burch as TO the converse
ton in the Jail office. MIR. Sydnor
stated that they had been Informed
beforehand that Hutzler was to be
bailed, a short time before he came
to tho courthouse, where he was placed
| under arrest.
On the charge preferred by him, At.
| torney Kirk Mathews testified tina,
no was employed in the case OF Rev
| against Stumm, which came up ir
| the Magistrates Court December Ia
| that all parties concerned were pres
| ent at the appointed time in the morn
| ing but that Mr.. Lewis did not ap
| pear He said that he called him vi
/ at the Law and Equity Court, wher'
| he was arranging for the trial OF ,
case. Mac Winston. who answered
| the telephone, said that the magls
! trate was busy and could not come
Mr.. Mathews said that he called vi
three times and was not able to gel
Mr., Lewis to the telephone. SO. al.
tHouSh tue principals and witnesses
had come long distance. 1t was i'm
possible TO try the case that day. Mac
Winston admitted having received the
three telephone calls. but said tina,
ne did not tell Mr. Lewis who wanted
him or for what purpose.
| Mr., Royal read the stonograDhic
record OF Mrs Herr in the magistrates
| court in which she said that Magis-
trate Lewis. Bloomberg and Magis-
| trate Darricott had visited her house;
that Lewis said he was district a,tor-
hey and made proposition TO fix the
matter up by placing IGut2ler under
$1,000 or $4,000 bond and have him go
out of the State. Herr said ne would
let the law take it's course Brrci
testified 10 the truthfulness of the
report Mrs. Herr, at the time of the
trial in the lower court, said that she
heard the conversation from her room
Having completed this testimony the
prosecution rested, The defense viii
i put on it's witnesses this morning