Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-11
ACTION FOLLOWS REFUSAL
TO SERVE WRIT OF CAPIAS
Move Comes as Surprise to Friends
and Attorneys.
ACCUSED ILL AT HIS HOME
Former Head Of Virginia Safe De-
posit and Trust Company Unable
to Be Moved, His Ply
sicians Declare.

Determined to bring to trial the case
against c. Jones Rixey. indicted on nine
charges in Alexandria in connection with
the collapse of the Virginia Safe Deposit
and Trust Company. Judge c. L. Barley
Of that city today applied to Gov. Mann
Of Virginia for requisition papers to cause
the arrest of the banker, who is i'll at his
home in this city
This drastic action was decided upon
only after City Sergt. r. II. Cox. armed
with a writ Of capias. came to Wash
ington this morning to arrest the I'm
dicted magnate. and learned from In
spector Boardman Of the Washington
police department that the writ could
not he served on Rixey while he was
confined to his home.
!! When the official returned to Alexan-
dria. Judge Barley. after hearing the de-
| tails. wired the governor for requisition
papers. When the requisition papers are
| served and # should be found that Rixey
is unable to be moved to Alexandria un-
der arrest, he may be taken to a hospital
here and kept under surveillance until
ready to stand trial in the Virginia city.
Unable to Stand Trial Now.
| According to testimony given In the
Alexandria court yesterday by physicians
and attorneys, Mr.. Rixey lie physically
and mentally unable to stand trial at
this time. Two specialists stated that
they would not consent to Mr.. Rixey's re-
| hiS ~
| this city
| 1t is understood Attorneys John T.. JEFF
! freis and ]. q. Kiiden will oppose the
action of Judge Barley in ordering their
| clients arrest.
| These attorneys were yesterday cited
| to show cause April u why Mr.. Rixey
| should not forfeit his bond OF $4,000
| for not appearing for trial. The case
has been postponed number of times
because Of the failure Of Mr.. Rixey to
appear in court, and Judge Barley is
said to be anxious to do everything In
his power to settle the matter.
| 1t is expected the requisition papers
for Rixey's arrest will be granted at
once by Gov. Mann. and as soon they
are, which may be before the close Of
the week, they will be served promptly.
| In view of the statements concerning
! RiXey's Serious illness the announcements
that the accused wodld be placed under
arrest came as a surprise to those in
terested in the case.
| 1t is generally believed that his attor-
| neys will put up a fight to prevent RtXey
! being taken to Alexandria at this time.
They could not. however, it is said. pre-
vent the serving of the papers. Doubt
| less they will also make a fight against
| having him removed to a hospital. and
| this point may have to be fought in the
District courts, il is said.
Must Renew His Bond.
While R1Xey will not be tried April
81. il is desired by the court that he be
present at that time, with his bonds
| men, and renew his bond and answer
any preliminary questions that may be
put to him. Before his trial can be
gone into there are number of pre-
| liminaries which will have to be gone
| through, among them arguments for a
| change Of venue. which is change oil
the place for trial
| 1t is generally understood that his at
torneyS propose to make such move
/ to transfer the trial to some other place
| beside Alexandria. Other legal points q
! issue will doubtless also be raised by his
attorneys, which Will, of course, maze
| the case drag along for some time 10
come before the actual trial will be be-
gun.
Attorneys representing Mr.. Rixey today
declared they would make every effort to
have their client in court April 21.
While it is admitted that Mr.. Rixey Is
dangerously i'll. Attorney j. q. Hiden
said his client is not in extremis. He Is
suffering from a complication OF diseases.
hardening of the arteries. enlargement OF
the heart and a slight paralysis of the
left side of the body.
THE only hope Of improvement In Mr..
Rixey's case lies in long period of rest.
physically and mentally" said Attorney
Hiden 1T would be impossible for him
| to give testimony in his present state. He
rested comfortably last night, but he is in
a precarious condition.
Should Mr.. Rixey be unable to appear
in the Alexandria court April u his at
torneys say they will request another
postponement Of the hearing.