Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1910-04-14
FIGHT FOR DELAY
Court Agrees to Postpone Trial
Until April Goth, to Give Coun-
sci Time to Confer With
Prisoners and Their
Friends.

ter. alleEeu poStOfnce robbers and
supposed criminals OF national noto-
riety. stood mute" in the United
states District Court Saturday morn
Sng. and following a venerable rule OF
the law, Judge Waddiu therefore en-
tered a plea Of mot guilty" In their
behalf
This unusual turn I'm the case was
rendered stiil more unusual by Attor-
ney Harry III. Smith. counsel FOR the
accused. who excepted 20 the action
OF the court in entering the plea OF
mot guilty
And ar smith knew what ne was
doing. too. for 10 is his purpose 20
take advantage OF every technicality.
His objection 10 the course pursued
by Judge Waddill was due 20 the fact
that ne did not desire any sort OF
plea 90 be recorded against the pris-
oners until they had had. at least. a
few days I'm which 20 communicate
with their friends and make definite
arrangements as 20 their legal repre-
sentatives
But the court was tired OF waiting
f0r Fay and Harris TO get down TO
business with their lawyer or lawyers.
Ira order 90 be hsOiuteiv fair. how
ever. Judge Waddnl finally consented
20 "a pOstponement OF the trial. Yes
terday De- intimated that he would
like 90 go into the case Monday. but
today hc consented 90 continue it UNI
iii "Wednesday. April Goth.
This concession was intended as a
courtesy to MI. Smith rather than a
favor 90 the alleged criminals. The
lawyer is Chock-a- block with engage
meuts for the next ten days. and cam
not possibly set ready before April
Coo TO Merits OF the Case.
This mornings procedure viii be
readily Understood by an lawyers. bat
II is not So easy 90 make 20 clear 20
the laifF Tt means that Fay and
Harris have lost their chance 90 put
I'm any dilatory plcas--that ls. domur-
rers or pleas as TO Jurisdiction.
TIE othf~ words. the plea OF mot
guilty goes 90 the merits OF the case
the real questions at issue.
it mieht bc within the province OF
the courr Notwithstanding this. Co AL
low The I.rE OF "a dilatory plea later
ON tf DO Thought the equities demand
ed a. Eut Mr.. Smiths course in exc
ceptnE afuears 90 indicate that he
Viii not a7k such ca privilege.
lhc iw rnse throng OF spectators
Who we've I'D court today natural
iA We're "mewhat confused hv
what ulrrr-nd. and could draw,
hut Few aeinctions from what theF
heard. Air smiths course. however.
srerulu-t ulicatcs purpose 90
nEht aud t0 nght hard. And the Iu.
oicatioue ar. that it wnuld uot break
his heart f other delays were to
occur.
After J.a.e Waddrr had Indicated
h.r plrr'H Co. enter tAc plea of "aot
guilty fHr Che accused. Fay and Hair
rls Nero made 20 stand up So that
The lenrfhv indictment. which con-
t3ins Owe counts. could be- read to
them
This document covers ten pages of
cpe"ritttn matter. hut hy consent
or counsel tne reading of a part of
BE- WAS O. ~uelscd with AS IL vrrs
however tcn prisoners were Kept or
their Feet for ten minutes durInu
which umr ihey were the cynosure OF
all eyes
iay Wouldn't Commit Himself
Then EaI was called upon 10 au-
sNer that AWFUL inter~oga TORY which
has runs r the ears 90 $50 many thou
sands or eudcrs-"ANhat saw YOU
guilty OF uct gliltyr"
To this query. which WAS pro-
nouuceu nE clerk Brady in resonant.
voice Fay. whose blue eyes looked
as gentle as those OF woman. ZEE
pied Ia low tone Il haven't any
plea 10 make"
And thercupon the court formally
entered the plea Of mot guilty." lr
pursuance ~ the policy % law l0nu
uNed In such cases. While this pro-
cedure n prescribed by AN the works
on criminal law, as well as by usage
u Is seldom that occasion arises Co
put IL into practice.
Attorney smith. following Judge
Waddilrs action. said. II desire the
record to show that they stand mute %
The court accordingly dictated 10
the Or1eiai stenographer a technical
minute Of the incident. which will
meet alt requirements II the case goes
TO an appellate tribunal
few minutes later. after a con-
ference as 20 the date 20 be set for
the trial Fay was removed from the
court reOm and a little later Harris
was taken out
Everybody Stared at I'm.
The prisoners. II they are the least
bit sensitive about being stared at
must have suffered fortunes today. for
nearly everybody got a good. long look
al them And had photographers
been on hand. the faces OF both men
lin repose' could easily have been
caught by the films.
When the accused were taken back
90 the HenricO jail IN two big auto
mobiles. they had 10 pass through an
immense throng which numbered
probably 200 people and blocked up
the Seventh Street entrance OF the
postofiice. People OF AL classes and
conditions. including women and chill
dren. stood on the sidewalks 10 catch
glimpse Of the celebrities"
IL was perfectly evident today that
a long. undisturbed nights rest in
Jail had done Fay and Harris an i'm
mense deal OF good Both men were
as fresh as pansies when they ap-
peared IN court, and their linen and
clothing looked as IL Il had been ar
ranged by a valet.
The pair were in better spirits. too,
and more than once the faint flicker
OF smile could be noticed on their
features.
But assuredly they were mute in
more senses than one. for not an un-
necessary word did either man say.
Nor did the accused look 20 the rf9ht