The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-04-12


An effort on the part Of the Common
Jones Rixey. former president OF the
defunct Virginia safe Deposit and
Trust Corporation, at bis home in
Washington, and motion before
Judge Barley. OF the corporation court.
by counsel for the indicted banker.
suggesting that 1t would be improper
for him to sit In judgment In the
case, as the defense expects to use
him as q witness, were two unexpect-
cd Developments in tho case Yesterday.
The attempt to bring Rixey into
this Jurisdiction on the czpias. or, ut
least. have him placed IN hospital
In Washington. where ne can be un-
Ger surveillance, niscarried, and Judge
Barley oveffuled sne motion that
would temporarily remove him from
the bench.
Nsqu;siaien 10 Needed.
Rfxey's bond OF $4,000 having been
failed to appear In court. Judge Bar
ley yesterday morning determined to
attempt the service or a capias The
paper was placed In the hands Of
City Sergeant r. II. Cox, who return.
ed to this city early In the afternoon
and reported that, after q consuita-
ton with Inspector Boardman and As
sistant District Attorney Proctor, he
had learned that 4 requfsition. sign
ed by the sorernor OF Virginia. would
be necessary before the residence Of
Rixey could be invaded Common
weaiths Attorney 3. @. Brent there
upon announced that he would IN the
next few days prepare the data neces-
sary 10 lay before Governor Mann
with an application for q requisition.
In the meantime. John L. Jeffries,
John s. Barbour. J. George Hiden, and
James r. and H. b. Cation. Rixsy's at
toneys. appeared before Judge Bar
ley with their motion to certify In the
record that it would be improper for
him to SIT in the trial OF Hixsy.
Judge Barley oveffuIed tho motion
on two groufds-first. that no mat
ter II he IL material witness in the
cases this would not make 1t iu1prop-
er In him 10 SIT a. the TRIAL OF any
preliminary questions that might be
raised; second, that he must be shown
wherein ne would be material wit
ness in the trial. because simply by a
motion submitted by the attorneys for
the defense any Judge could be dis
qualified from sitting IN . 0se
Answses osnahss pstition.
In the same court yesterday the
answer Of Rixsy to tbs petition OF
State Auditor D. r. Donahoe. filed In
an effort to protect the STATE 10 the
amount Of s1t.aos.s3. which had been
deposited with the trust company by
City Treasurer Robinson, was fiisd. II
said:
THE respondent admits the correct.
ness Of paragraph ! OF Mr.. Donohoe's
petition. which merely sets forth the
fact that Thomas w. Hobinson 10 the
city treasurer q. Alexandria, but nsith-
er admits nor denies the assertions
In the seoond, Witch tells Of the col
lection and depositing OF &1s.30s. SO
with the trust corporation.
Tn rssponse to the statement made
in paragraph 3, the respondent says
he mas been took sick since the 6cs-
pension Of the corporation I'd i1vesti-
gate its affairs. and calls for strici
proof OF the allegations set forth.
The respondent denies the state
sneHt sads In pssrasraph 10, that sfsv
board OF directors absolutely turned
the management, control. snd direction
OF the affairs of the bank over Ia
him. and accepted his statements as
Anal and true