Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1910-09-15
JOHN CLOVES WIS ACQUITTED.
The Jury Found Hin Guilty Of
Plain Assault 0aly.

Ilal OF SOnn OlcwcS. charged with (
attempted criminal assault. found me
accused guilty of ordinary assault |
and fixed the penalty az $50 fine
The verdict read: We. the Jury, !
90 hot find the prisoner guilty Of a
felony as charged. but do find him
guilty Of assault and fix the penalty
at $50 fine" Calling the prisoner
before him, Judge Tyler discharged
him with an admonition to keep out
OF trouble in the future. You have
been saved, probably. from a more
severe penalty because of your pre-
vious good character. and by the
fact that you were under the inHu-
ence o. liquor at the time OF the as
sault. hope this viii De a lesson
to Jou. and that I shall never see
your face before me again under any
criminal charge" were the words
with which the prisoner was made a
free man again The dne was not
paid. bat B. D. Peachy. one Of the
attorneys for the defense. became
/ security for It. So ended a criminal
trial that had stirred the town great
/ ly for some time.
Fsiday afternoon the prosecu
/ ton had gotten in all is evidence,
when the accused was put on the
stand. He told an entirely differ
ent story OF the assault than that
told by any Of the other witnesses.
/ Ii will be recalled that al the pre-
liminary hearing young Cloves swore
that he was so drunk on the night of
the assault from 10 o'clock of that
night I'LL o the next morning. that be
had no knowledge of wat ne had
done. AT the trial RR Proxy he
testified that he rensmAlsd every
thing. He approached Mrs. Csrey
at the Idaho. entered into converse
ton with her; asked her about the
picture show. etc. Then he asked
her how about on the back porch
last Wednesday night" She ask
ed him what be meant. He told
her of q story that had been related
to him. cat this point attorneys
for the defence tried to Introduce
evidence seriously rejecting on the
Prosecuuix, but the court adhered to
a previous ruling and excluded il. )
/ She cautioned him not TO talk there
at the Idaho bat come on across
the street She went across the
street, he, to avoid some men on
Persons corner. cut diagonally
across and met the lady near Mr..
Coles house. She stepped up to
him with her umbrella raised over
both OF them. was getting ready to
continue the conversation when she
suddenly exclaimed: oh. I must
go. there comes my husband
Charlie. " or words to that effect.
She started on down toward the
; cafe, and he stood for a few minutes
! near the bulletin board tree. after
which he was taken home by his
? mother. He denied touching Mrs.
g Carey. never laid hands on her a
any time.
/ The prosecution asked him why
ne had sworn the evening after tn.
S trial that he was too drunk 10 know
Z anything about bis actions the nigh
9 before. He said to protect tn,
. lady and himself. The cross exam
nation was rigid. Commonwealth
o Attorney Henley, never sparing him
y but ji6ing him with his conhicanl
stories.
U Then followed character witnesses
] al OF whom testified to the previou
9 good behavior OF the accused. HI
% was given a good character by all O
them.
The Instructions were given an,
% argument begun late il the afternoon
3 {. T. Morris led off for the prose
" ouuon. and his argument by genera
consent was declared the best of tn