The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-11
Pamphlet Editor Fails
to Secure Delay in
Hastings Court.
CRIMINAL LIBEL
CHARGE THIS TIME
Police Commissioners Gordon and
Manning and Justice Crutch-
field Conplainants Jury
Quickly Sworn, After
Which D efend ant
Pleads Not Guilty.

EIis Ilea for continuance denieA,
Adon A. Yoder. publisher of a weekly
pamphlet which made It's first appear
ance in Richmond In Juno. 1909. en-
tered at II o'clock yesterday morning
upon his appeal trial for tho alleged
criminal libel of Police Commissioners
w Douglas Gordon and Chris Man
ming. Jr.. and Police Justice John j.
Crutchiield.
c. v. Meredith. counsel for the de-
fendant, asked for a continuance on
the grounds that both he and his client
were worn out, and that tho lattcr's
wife and child were III at home
Harry NJ. Smith, .Ir.. OF counsel for the
prosecutors, demanded an immediate
trial. basing his urgent request upon
tho declaration that the crime with
which Yoder is charged is continuous
In that the pamphlet In which the al
legged libelous articles We're printed Is
| still being published, and that the
! ends OF Justice should be reached
! without further delay
| In reply Mr.. Meredith stated In be-
half OF his client that the names of
the three persons to the warrant for
criminal libel would not appear again
!, IL the continuance We're granted until
| the case had been definitely settled.
| Judge Thomas w. Harrison, OF Win
| chester. who Is sitting for Judge Witt,
| said that the court would have due re-
| gard for the health OF the defendant
] and his attorney, and ordered that the
trial proceed.
Jury OF Seven Men.
1t was not until 70 o'clock and after
| many OF the venire for the term had
| been rejected because OF fixed opinions
\ previously formed that the jury was
finally selected. It being misdemean-
or case, the Jury consists of only seven
4 men as follows: Il, Whitlock, H. X.
Franklin. catesby Jones, ].
Woods. walter q. Turpin. william
Cameron ana D. 6. Wood. One Of the &
panel was discharged on the informa-
tion OF Mr.. Smith to counsel for the
!; defendant that the juror was employed
at the Cardwell Machine Works, of
which the father OF Police Commits
sioner Gordon Is president.
j Yoder. replying to the indictment.
answered mot guilty. and the trial
proceeded with the swearing in OF the
jury.
In rising; to mako the opening state
nent Commonwealth's Attorney Nine
tree F'olkes. who is acting because the
] proceedings are criminal. said that the
case is ono of common law misdemean-
or, 1T is an appeal case said Mr..
Folkcs. from the Police Court. but
COMES UP. as entirely new proceedings.
Under section 39o2 of the virginia Code
it is a nlisdemeanor for which there Is
no statutory punishment, the penalty
under the common law being fine.
| imprisonment or both as the jury may
| see fit
Crime" which appeared in the pamph-
let. and which is alleged to be crilni
nally libelous. This article refers to
the trial of Sophie A1alloy and Maggie
Lee, who attained notoriety in the
Conway-Torrence murder trial. and
charges that the white woman. Sophie
N1alloy, received lighter sentence in
Police Court because of the alleged In
| terferencc of Commissioners Gordon
| and Manning.
Expect to Prove Malice.
Mr.. Folkes explained that libel Is
written or expressed defamation OF
character. "Malice," he said "is not
necessarily the product OF revenge, but
may proceed from lnischievous and
/ reckless mind. We expect to prove
| that tho article in question tends to
scandalize the parties named in the
J warrant and to excite TO acts OF VIC
lence Any one has a right to publish
a fair and accurate account OF
, trial proceedings, and this is termed
a privileged communication. We ex-
: pect to show that this was not a
t privileged communication, and that
? the reports were not fair and impartial
!, 1t tended to bring those AIMED into
), contempt and ridicule. We Will show
further articles containing charges
y made without foundation In fact. we
y will attempt to prove that the alleged
I libelous article says that the Pollcc
{ Justice in deciding the Malloy case
/. was actuated by some motive other
= than that to do justice, and that the
/ accused-,the writer OF tho artlcle--
j was actuated by wrongful mo.lVe
/, and not by n sense OF duty, and lhaS
such wrongful motive constitutes
! malice. 3
Atkinson's Connection.
"yye expect to prove that j. Marshall
: Atkinson, proprietoro of the Park Hotel,
: in which at that time there were. u
, saloon and rathslleler. and who Was
arrested, tried and convicted IN this
court OF selling liquor to minors, ana
who lost his license in consequences,
!, went to Lynchhurg, where Yoder was
then living, and that upon AtklnsonS
solicitation the accused came ia Rich
mond in June. 1909, and then BEGAN
: his publications. We will show that
Atkinson lent Yodcr the necessary
money to come here. and that fodef
(: boarded and had his offices IN or near
Il; 10 the Park Hotel; that immediately
after no began his publication ne made
I attacks on certain officers In Rich,3i
mond. and that these officers We're
\ every officer who. directly or indirect-
: ~. could have had part in the reyo-S
cation OF Atkinson's license.'gE
i Tho prosecution will attempt 20
prove that Yoder was actuated by
some ulterlor motive and not by sin-
cere desire to reform In his dircrsl-
4 fled attacks upon The city authoritie ieai
Mir. Smith asked that the warrant
] he amended so as to bring out the
cha rra that thu aailnliniatr,ltt ION OF ins .s-