Daily press. [volume] (Newport News, Va.) 1896-current, 1910-01-06
Jury Holds That Accused is Not
immune from Trial for VIC
lating Election Law
DEFENSE WILL ENTER
ANOTHER PLEA TO DAY
Attorney r. N. Lett Serves Notice
Ths. He VIII Make second e.
fort TO ouash 'ndietments--6e-
gins Hearing This Mornins--cox's
Case Is Continued.


After being out thirty minutes, the
jury In the Corporation Court yester-
day afternoon returned verdict 10
the effect that Former Councilman
Arthur Z. Burcher is not immune from
trial on indictments charging him with
violation OF the Barksdaie pure cleo
ton statue. The verdict WAS VIC
tory for. the Commonwealth in > the,
first legal sklrmish in the case.
Immediately after the verdict was
read, Attorney r. NJ. Lett, of counsel
for Burcher. notified the court that
be would enter second plea for his
client. He explained that this plea
would have the effect OF quashiDg the
indictments against Burcher and stat
cd that h mat.ered not TO the defense
whether the plea was heard by jury
or by the judge.
Hear Second Plea Today.
Attorney Allen ID. Jones. who is as
sisting Mr. Lett, asked that the furth-
or trial OF he case he postponed q
few days as he has to appear In the
Circuit Court tomorrow In an import
ant case. but after some discussion
between counsel Il was agreed to have
the hearing on Burcher's second plea
at 10 o'clock this morning and the
jury was discharged until that time.
When Burcher was brought to trial
before Judge Barham Tuesday morn
Ing. his counsel entered plea III
abatement, claiming immunity for nm
On the ground that he had testined
before the grand jury in the matter
on which tina. jury indicted him. rue
hearing on this plea was taken up
before jury OF seven men ana pom
the Commonwealth and the defense
introduced evidence Burcher tor
the stand and stated that when ne
went before the grand jury he fold
The jarors that he probably had yio-
lated the Barksdaie pure election law
md that he could not answer any
questions which might tend TO in-
; -cziminste himself.
Were investigating Paving Matter
Captain Berkeley placed several of;
The grand Jurors on the stand TO show
that Burcher had not given the Jury
any testimony relative to any VIOLA
lions Of the Barksdale law. The
jurors stated that at the time Burcher
rppesred before them they were ~
yesslgating the paving scandal ana
that Rurcher was summoned because
the Jurors had been informed that ne
knew something OF the paving mat
ter
The hearing OF the evidence was
concluded Tuesday evening and wnen
court recorvened yes-erday morning
rounsel presented number OF m
struefions to the jury and to the court
The argument on the Instructions con
xumsd the entire morning session.
Judge Barham took che Instructions
under consideration and passed upon
them 1t the afternoon session OF tne
court
rowmcuvealth's Attorney Berkeley
cpeaed the argument before the ,aiy.
He reviewed the evidence as gwen os
ff@ grand Jurors who incsS.eo
5. rstrcs,r and compared this evidence
with that which Burcher had gwen
i the hearing on the plea He also
<~renf over the Instructions to the pury.
>cxnlaipi1g them to The jury
eater Bear; Gagged Rabbits-'
attorney r NJ Lett made vigor-
.ons saeech for the defense He ask
a the Jury To believe Burcher's tes-
4 srnopv at this hearing. saying tha-
practically all Of the grand Jurors nac
tnfed on the witness stand tnat
eurrher had mentioned something to
/-hen, about a violation Of the Banks
da,e law. In opening his address ne
stated hat the Commonwealth had
.farfeu out 70 hunt bear treferring
~ tee paving scanjaD and that
Aa5 Needed 20 bag few rabbits on
me way
x<r Lett laid great stress upon an
s,sfrucficn from the court 70 the scry
telling the jury the, n il believed rom
~. ersderce that Burcher had gwen
ans testimony before the grand Jury
which started the Investigation that
r,.,<,fne.e6 in he Indictments returc-
"a 2rnsn<t Bs.rche- By tna jury tne'
IA -r,rt fnd for BurcheT-
= = re case was ziveE TO the Jury A,
"a O'Clock ana The verdict was re-
7urnc<i rromtpliy at s O'clock fore-l
a.xr n. p. Hammond handing ID TIE
~1~6,c-. Which Das 81 follows:
we me jsry apd for the Commoc-
wealth.
4e<-.,s The mrs Sustain me plea
rrei~h counscl for Burrher Sin enter
Ms morning. be iE5icsnents sid se'
r1z<t-4 hi xaould II ind for the
: (>.-nrron-e.ifh a. 4 did yesterday
> archer vim &c tried CT the evo N
>kuens chsrEing bin With inducing
<rrsiey aid u = Davis 10 vrt
- the fsht for ths Dcmocrst-
kp,. ror oorsMkle IN the
Ssns Il. Il Is pronis-