The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-02-10
YODER FIGHTS IN
Vain FOR time
Judge Harrison Refuses to
Grant Him Another
Continuance.
TRIAL OF THE CRIMINAL
LIBEL CASE is BEGUN
Jury is Secured With Little Diff
eulty-Case Will Go to the
Jury Probably Within
Three Days.


appellant at the bar was the begin
ming of the trial of Adon A. Yoder,
editor of The Idea. in the Hastings
Court Thursday, Judge Thomas w.
Harrison sitting for Judge Witt by
special Appointment OF Governor
Mann.
Yoder was convicted IN Police
Court and fined 500 and given hr-
teen days in jail for criminal libel.
The case came up on appeal.
The nnfavorabie circumstance was
the failure of Charles V. Meredith
and s. S. p. Patteson, counsel tor
ioder. to secure a continuance. The
motion was made by Meredith on the
several grounds that Rufus Williams,
a material witness for the defense.
was absent from the city; lie Mr..
incredibly was physically indispcsed;
foder. the accused. was not In &C d
physical form. and &rs. ODER, too,
was not we'll.
Motion Oycrruled.
Judge Harrison overruled the mo-
ton because he held that the do
Tense should have looked after its
own witnesses In good time, and Mr.
Meredith admitted that ne was net
sick. merely tired"
MT. Meredith pleaded earnestly.
He submitted TO the court that he
was worn out; that he had been
under a severe nervous strain Tor d
week while engaged in the libel suit
In the Law and Equity Court. he
mentioned, too, that MIR. Yoder V as
likewise tagged out and that Mrs
\ oder was not well.
For myself. | wish to say that
am not sick" he pursued. Il am
merely physically fatigued.,,
Commemorative Attorney Folkes
opposed the motion for a coutia -.
ance. He said he understood that
an agreement had been entered in,o
when the date set for the trial was
changed from February 18th to Feo-
ruary 10th, and that IL was explicitly
UNDERWOOD that this was 10 DE maj.
Mcclure Objects.
Mr.. MCGUIRE also objected to
postponenent. This hbeIous pmu-
LEGATION" he said. was mace Nove.--
Der 6. MIR Meredith has obtained
continuance already. The trial vas
set for January "a and continued
MT Meredith named February ilth
as date convenient to him 1t wa,
not convenient or satisfactory 10 he,
but we accepted ii. Then he con-
ferred again with rs. and we agreed!
on to-day | don't think another
u
and circumstances.
Wants Idea stopped.
This paper, The Idea. is being
published every week. The offence
may he repeated. The public should
be considered. AS long AS this man
Is permitted to go on other people. MS
we'll as our clients. are in danger of
being attacked. This is too grave A
matter to be postponed indefinitely.
He urged that the trial be ordered to
go on.
Mr.. Meredith said he based his mo-
ton for continuance chiefly npon
the fact that he was unable to secure
the presence at this time OF Rufus
Z. Williams, material witness. who
is now in Florida and win not return
for some time. Incidentally. he ex-
pressed his belief that the trial would
last two or three days,
The court ordered the trial to pro-
eeed,- White the clerk was eating
the list of witnesses Judge Harrison
Meredith. said:
If Ii will be of any avail to you.
Mr., Meredith, ] will continue the case
until tomorrow"
That will not suit me. i prefer
no further favor of the court" the
lawyer replied,
Witnesses Called.
Clerk Waiter Christian thereupon
proceeded with the calling of me
long list Of witnesses.
Court Room Jammcd.
The court chamber was jammed to
the doors at the opening OF the ses-
sion and the big crowd fingered
the day and standing
room was at a premium. AS fast as
a spectator wearied of the crush ana
the heavy atmosphere and retired
his place was occupied by a new
conner.
Many men prominent in the poiiti-
cal life OF Richmond for years were
among the spectators.
Police Commissioners w. Douglas
Gordon and Chris Manning, Jr,, and
Police Justice Crutchfield sat at the
bar with their counsel. Harry M.
Smith, Jr. and Murray M. Mcclure,
who assisted Commonwealth's Attor-
ney Folkes In the prosecution. The
attorney held forth
at table In front of the judges
desk and at table Immediately OPP
posite sat ex-Mayor Carlton Nc
Carthy Captain Mccarthy soon
wearfed of the vigil, however, and
Adon A. Yoder sat at the bar with
Mr.. Meredith and s. s. r. Patteson,
his counsel.
Yodcr's Affidavit.
Before the task OF drawing the jury
vas begun Mr.. Meredith was allowed
10 present the affidavit OF MIR. Yoder
concerning his knowledge OF the alb
sence OF Mr.. Williams.
When the affidavit was read Mr..
Smith expressed desire to question
Mr. yoder.
Mr.. Yoder was called to the wit
ness chair. and Mr.. Smith began the
examination OF the witness. speaking
sharply and delivering rapid fire OF
queries.
..When did you get information
about dssorderly houses from Mr..
~