The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-09
DAVIS GETS WRIT
Of HAbEAS CORPUS
Demands to be Forever
Released From Pros
ecution.
ARGUMENT TO BE
HAD TOMORROW
Body of Petersburg Man Will
Be Produced in Supreme Court.
Attempt to Remove cutchin
Case to Richmond-Other
Important Proceed
ings.

| WEilb OF nabeaS corpus and of duces
tecum We're Issued yesterday by the
| Supreme Court of Appeals on the petit
tion of Charles Hall Davis, of Peters
burg, who is under indictment for en-
bezzlement OF the funds of the Apo
| mnttox Trust Company. The writs are
| returnable Tomorrow morning at 10
o'clock. when the habeas corpus
bring the body"-and the duccs tecun,
I-"bring the original papers"-wiil DC
complied with
The body referred to is that of Mr..
| Davis. while tho papers arc tho orig
| tnai indictments. Fourteen of these
were found at the March term, eleven
at the June term and eight at the Jan
uary term of tho Hastings Court of
Petersburg.
Motions Before Court.
This is regarded az one of the most
interesting processes ever brought be-
fore this court, In anticipation of 1t
the courtroom was crowded with dis
tinguished attorneys when the autumn
morning. Sundry motions regarding
other cases were made. including one
to move the Joel Il. Cutchn case from
Wythevllie 10 Richmond. and another
to direct q similar removal In the
| Tazewell ROAD bond case. which in
voires the validity of the recently au-
| ,horized bond issue of $4,000.
After these motions had been refer
red to the court, John L. Lee, of coun-
sci for Charles Hall Davis. arose and
protcred his motion for a writ OF
habess corpus.
He made the novel point that al
though the prisoner Is not in actual
| custody in the sense that he is in jail.
he is nevertheless In custody through
his bondsman. under Virginia decisions.
So far as he had been able To find
out, continued Mr.. f.ac. each Virginia
c.se decided held that Il bafled pris-
oner was in custody within The mean
ing of the law. Therefore the writ
is directed at Arthur Kyle Davis. the
prisoners brother and bondsman. as
sorting that the latter is unlswfully
OBTAINING the said accused person.
One OF these indictments" pursued
Mr.. Lee. contains PAS printed pages.
each seventeen inches long, and 1t con-
tanned originally $50 counts. II weigh
cd several pounds"
BE Signed To-Morrow.
Judge Keith suggested that II day
for argument of the case be agreed
upon. Acknowledgement Williams
named next Tuesday but Mr.. Lee said
that on that day he would be engaged
In the Hubbard trial in Nelson county
Judge Williams then suggested Fri
day of this week, which was agreed
to By all parties. The court there
upon directed the issuance of the
habeas corpus writ, requiring Arthur
Kyle Davis to produce the body of
Charles Hall Davis before the SUI
prcme Court Of Appeals Tomorrow
morning at 10 o'clock. there to give
his reason for alleged unlawful de-
tention of the said defendant. Also
the writ OF duces tecum, directing
the production of all the original In
dlctments.
John I. Lee. of I.ynchburg: James
Mann. OF Norfolk: George S. Bernard
and Charles Trotter Lassiter, of Pc
tersburg. Will appear as counsel for
Mr.. Davis, while Commonwealth At
torney Richard II. Mann and Attorney
General Samuel w. Williams Will repre-
sent the Commonwealth
Mr.. Davis was present in court yes
terday morning with his brothers
RESTRAINED of Liberty,
The petition which was filed with
the court, and which will be argued
tomorrow. sets forth that Charles
Hail Davis SIS unlawfully restrained
of his liberty by Arthur Kyle Davis.
his bail. by reason of certain in
dictment for felony found against
your petitioner and Carter r. Bishop
jointly, at the June term OF the Hust
ings Court Of the city OF Petersburg.
your petitioner having been delivered
to bail unto the said Arthur Kyle
DAVIS VINO has now arrested and
| taken custody Of your petitioner
which restraint Is unlawful, because
for more than four terms of said
court Gall OF which were terms of
said court regularly held at which
your petitioner could have been trledD
your petitioner has been continuously
held in said court for trial, and is
still SO held. although your petitioner
has repeatedly and earnestly insisted
to show that no one OF the causes
exist which would make trial after
four months legal.
history of the case is gone into.
which sets forth the original settle
between Davis & Davis and the An
pomattox Trust Company, the fire
which destroyed most of the books and
papers OF the law firm. and the various
indictments. He states that he was
ready for trial on the indictments
which were nolle prosecuted by the
Commemorative attorney. Trial was
gone into on a charge OF false entry,
resulting in verdict of not guilty.
The matters were referred to sue
ceeding grand juries In the effort to
secure what was regarded as a salts
factory indictment
Could Not Get Fair Trial.
Your petitioner would not now be
asking to be relieved from trial UNI
der said indictment No TO-" AYERS the
petition, but for the fact that he does
not believe II is possible TO present to
tho jury In an Ineligible manner the
Issues that mi hit arts under an in
dictment so broad and sweeping In it's