The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-11
REFUSED TO HEAR
CASE WHEN CALLED.
Crutchfield at Yoder's Request
Dcfers Manning Charge
Till Folkes Can Appear.
CALL PROCEDURE UNUSUAL
+ awvcr and Defendant De.
CALL PROCEDURE UNUSUAL
Lawyer and Defendant De-
nounce Courts Action in
Denying Prompt Trial.


In stentorian assurances to Adon A.
Yoder and the assemblage which
crowded the courtroom. and with much
rapping of his we'll worn savel to in
sure quiet while he spoke. Justice
Crutchfcld. at the request OF the COM
plainant, yesterday morning postponed
the hearing of Police Commissioner
Chris Manning, Jr., on the charge OF
interfering with Major Werner in the
discharge Of his duty until Wednesday
morning, September Ia.
In an almost ,naudible voice, Yoder
informed Justice Crutchfiad that no
wanted Commonwealths Attorney |
Minitree Folkes to be present at the
hearing. but that he had rallied to get
into communication with that Official
and therefore desired that the case
be postponed until such time as Mr..
Folkes could be present. Mr.. Folkes
Is out OF town. The warrant on which |
Commissioner Manning was arrested
at the instigation of Yoder is one OF
misdemeanor. at the hearing OF which
1t is not necessary to have the Com
monwealth's Attorney preent. and
which he cannot be compelled to at
tend 1t seems, however. that Yoder
seeks expert advice in the prosecution
of charge which he originated.
Both Highly Indignant.
Both Commissioner Manning and his
attorney. Harry NJ. Smith, were highly
indignant at the seemingly strange re-
quest, and demanded immediate trial,
saying that they were ready to enter
into the hearing and prepared to re-
flute what they termed an untounded
ana ridiculous charge.
II am a business man. saiu Com
missioner Manning, In some heat, and
can Ill afford to lose time by being
hailed to court by this man. He's notn.
ing but buzzard seeking sensational
advertisement for himself and his dis
reputable sheet"
Come to order" shouted Justice
crutchheld. II can't allow such lam
guage in court" He raped his gavel
strenuously. and the big audience, fully
half of which must nave been present
without the permit necessary under
ordinance, peered over each others
shoulders. staring vacuously at the
Justice and Yoder standing silent be-
fore the bar of Justice.
This IS unusual and Will establish
bad precedent Your Honor" voiced
Mr. Smith, and 1 request that you
| enter upon this case at once. Ny
| client is ready. and his time is too
! much taken up with business to lose
| SO much time at the hands of this
| man. 1t Is Just scheme on his part
| for elf-advertisement at the expense
| of Mr.. Manning"
I Gnvel Raps Again.
Again the ever-ready gavel re-
| sounded sharply on the bar of justice
| and the audience pricked up its ears
to hear what was Forthcoming.
II don't need any advice or criti-
| cismS from you" snapped Justice
| Crutchfield. I'm running this court.
/ and I'm going to grant Mr.. Yoder's
request. I'm going to see that he
gets fair play in this court He wants
| the Commemorative Attorney to be
| present. and l shall postpone the hear
| ing"
well. If you're so anxious as all
| that to have the Commonwealth rep
resented" replied Mr.. Manning. we'll
/ send over and get the Attorney-G Cen
eral of the State
The gavel raped some more
After quiet was restored and the
gavel was once more silent, Justice
Crutchfleld reasserted his decision, and,
| pleas for an immediate hearing to the
contrary Notwithstanding, the case
went over.
All the witnesses-Major Werner,
| Captain Barfoot and Raymond Brown,
who took the stenographic record In
the trial of Yoder for publishing and
! distributing obscene literature, were
recognized for their appearance next
| Wednesday morning, and Justice
1 Crutchfield consented to bail Mr.
Manning.
| Clyde Saunders, who was present for
the hearing. stepped forward as vol
l untary bondsman.
Justice Crutchfeld put to him the
usual questions, and on Mr.. Saunderss
assurance that he was worth 500 in
! real estate, Mr.. Manning was bailed.
Never Done Before.
LAWYERS and laity took exception to
the decision of Justice Crutchfeld in
granting postponement, all failing
to see the necessity of having the
| Commemorative Attorney present at
the hearing of misdemeanor war
rant. So far back as can be recalled.
| this procedure has never been taken
| before. AS commonly construed. In
| reference with police officer means
! physical interference or obstruction,
and it is said to be certain that Com
missioner Manning never engaged in a
4 personal encounter with Major Werner
to prevent that officer from performing
| his duty. And then there Is also the
] stated fact, on which both Commits
I sioner Manning and Major Werner are
agreed. that the commissioner can
| not as an Individual, give orders to
Major Werner. and, If they could be
| given, Major Werner Is not compelled
to obey them. He may receive instruc-
tions only from the Board Of Police
Commissioners, and in that case 1t is
argued. If Mr. Manning is guilty OF
Interfering with Major Werner by
personal violence, or otherwise, then
the other members of the board are
equally guilty.