Daily press. [volume] (Newport News, Va.) 1896-current, 1910-08-20

street. She seemed frightened ana
soon went on across the street toward
Persons corner.
Merritt Foster, a youth who Is en-
ployed at the cafe, testified to see
ing a man coming diagOnally across
the street at the bulletin bOard.
Saw Mrs. Carey as she apprOache 4
and saw the man walk up under the
umbrella carried by the lady. He
could not see what took place, bu.
they stood in that position two Or
three minutes. Mrs. Carey passed him
on the way to the cafe ana was almosl
in a run. He went on up the street
toward the man who stood still as
he approached. AS he passed him,
he spoke to him for Johnnie Cloves"
Other witnesses were heard.
Cloves Testifies.
Mr.. Cloves then took the stand.
after being told that he could re-
fuse to testify He laid |. at he anu
four companions had drunk eiS1,
gallons of beer over about the d. 'ot
"a Grdav NIT That the ls t be
was AtlpAh5 W NoA- :
the empty keg to the depot platform
when the storm came up about 10
o'clock Sunday morning. He had been
told that he was accused of attacking
Mrs. Carey. dressed and went around
to see Mr.. Carey. Told him he had
no recollection of having done any
thing after 10 o'clock Saturday night,
and that If he had offered any offence
to Mrs. Carey he was there to apollo
gize for it. He didn't know what he
had done.
Pierce On Stand.
Pierce took the stand and denied
having seen Mrs Carey after she
came out OF the Palm cafe. He did go
TO the Idaho and did see NJ Darling
ton and others Denied that he fol
lowed or saw the lady and said Mr..
Darlington was mistaken. He said
he was not too drunk 20 know what
he was doing Saturday night
Relatives of young Pierce knew
that he was innocent, and that to
defend and protect a friend he had
allowed himself to go TO jail, charg-
ed with a capital crime. The aforesaid
relatives engaged Louis Wendenburg,
OF Richmond, to defend him, the law
yer reaching here Monday. He got
hold of new evidence, and one wilt
ness who said he knew the man who
committed the assault and that II
was not Pierce A new warrant was
sworn out by Mr.. Carey against John
III. Cloves, whom everyone seemed TO
think was the innocent party, as the
evidence Sunday indicated.
Cloves Held by Jury
Mr.. Cloves was placed under ar
rest Monday afternoon, and at 4
O'Clock waived hearing before Mayor
Warburton. Bail was refused and
the case sent to the grand jury. The
grand Jury Tuesday heard the EVIL
dence of ali the witnesses, and
brought in an indictment against
young Cloves charging him with the
assault. In a short time Pierce was
free man again. mot a true bill' hav-
| ing been returned by the grand jury.
Messrs. Frank Armistead and Is. u
Peachy are the defendants attorneys
They asked that the case be con
tinued ill the October term OF the
court on the ground that It required
time to cet up their side. Judge Fy-
Ter set Monday. September ,, as the
day for the beginning Of a special
term TO try the case. saying that the
good Of society demanded speedy
/ trial in cases Of this nature. and that
three weeks would give plenty OF tins
In which the defence could prepare
their side Of the case.
Attorney c. T. Morris. Of South
Boston. has been retained by Mr.
Carey 70 assist Commemorative A.
torncy y. l. Henley tn the prosecu-
ton. The trial. \ Is intima;ed. viii
develop some sensations.
Much sympathy is expressed rof
young Cloves and his family, ana
! there are few Who do not hope ne
\ will bc able to clear himself o. the
/ grave charge hanging over him. We Is
a member Of the local Gre company
and Is ono Of its best. lie = not
malicious boy. and his present trouble
iq said to be due TO drink.