The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-06-06
URGES GOVERNOR
NOT TO TRY CASE
e o III III o II w c a ltll's Attorney
Thinks Judgment OF Jury
Should Be Sufficient.
FEARS BAD PRECEDENT
Tilton Objects Sharply to Retrial
OF Hines in Executive
Offices.

In vigorous protest against Gov
ernor Mann's action in reopening the
Hines case and irving 1t in his office
in Richmond Comm onwoalth's Attor-
ney John G. Tilton of Norfolk, again
urges that no action be taken in this
matter. David Hines is serving an
eighteen-year sentence In the State
Penitentiary for robbery The specific
crime was an attack on Mrs. Jacobson
an elderly woman. in which he
snatched her pocketbook as she was
leaving the Atlantic Street entrance of
the Norfolk post offiee.
Mr.. Ttlton says in so many words
that the Governor should be willing to
place some confidence in the verdict Of
tho trial Jury and the sentence of the
judge on the facts. He SAYS however,
that he is unable to respond to the
Governors request for definite infor-
nation as to the evidence adduced at
the trial. Tho letter is in response
TO one sent him asking some questions
as to the testimony.
you can understand that If &c
negro did strike the old woman as ou
recolleot," says the Governor, ".Sss
will be no interference in tho casa I
do not mean to say that there vii. be
any interference under any circum-
stances, but II under the facts the
negro has been sentenced TO a term
longer than the law permits-and upon
this point ! would like to have your
views-iustice would seem TO require
that the term be put at the proper
number of years
The Governor asked further that Mr..
Tilton refresh his memory and write
him whether he still adhercs to his
original statement In the Hines mat
ter.
Mr.. T1lton Replies.
Mr.. Triton has replied to the Cover
nor as follows:
II have your second letter. date,
juno 3, In regard to the David Hine
case, and in reply 1 beg to call you
attention to section 1914 of the Code o
Virginia defining how different sort
of robbery are to be punished in TIL
State-if by violence, by death or i'm
prisonment from eight to eighteen
years, If not by violence by imprison
nncnt from five to ten years.
1.-THE fact that the trial jury CAV,
Hines eighteen years in the state Pen
itcntiary shows that violence wa:
proven at the trial TO their satisfac
ton, and the further fact that the tria
Judge sentenced Hines. and did not Sc
this verdict aside, is proof that thu
iuhge was satisfied that violence wa
used, and that the verdict Responded
to both the law and the evidence.
Enters Protest.
"All this was in 1904. In 1910, 81
gears later, most respectfully protes
against your reopening this case an
attempting 10 retry 1t in your office
Richmond. respectfully submit tina
You should be willing to place som
confidence In the verdict of this jur
and the sentence of the Judge on tn
facts Six years have elapsed sine
the trial of this Hines, and since hi
trial ! have tried thousands of othe
criminals, and while l do mot prcten
to ne able at this late day to recall al
the details of the testimony of tn
various witnesses. ] do and can recall
that this was an outrageous piece o
highway robbery by violence, and tina
the verdict Of the jury and the sen
tence Of the Judge thereon were thor
oughly warranted and deserved,
II again most respectfully. but mos
earnestly urge You TO refuse TO sc
such bad precedent as in my judg
ment your interference in this cas-
would be. Hines deserves no consid
Grafton al. .yonn" hands and the fact
Of the case are not such as in my opin
ion would Justify Governor in eXer
cising the pardoning power