The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-22

expectations JuStIneQ our Tears. r.
Smith has been engaged the whole time
in endeavoring TO prepare the case for
this day. 1 have afforded only a little
assistance. The burden must fall on
one of two In counsel. but / have done
what could. We have not completed
the work of getting our witnesses and
we ask. not for continuance to an
other term of court, but postpone
mont until to-day week. We are pre-
pared to make affidavits in support of
our plea"
Judge Gregory arose to make reply,
but was Interrupted by the court, who
said:
"Mr. Carter. have you gentlemen any
objection to stating when the accused
| obtained counsel? OF course. I can get
this information from witnesses. but
! 1t VIII save time II you will say"
Time They We're Engaged.
III Your Honor please" said Mr.
smith. who was tho first to be en-
| ployed. Il was consulted in this matter
the night before the coroner's inquest.
1 was spoken 10. but not engaged T
agreed to appear at the inquest, but
I there were no definite arrangements
then. Definite arrangements were not
made until the last Friday in July.
| think may be able to verify this state
| ment by the fact that on the day be-
fore pictures of Mr.. Carter and myself
appeared In The Times Dispat ch. when
we had given them authority 70 state
| that Mr.. Carter and myself were en-
gagged In the case"
When was the arrest mhde?"
MIR. Smith went over the dates on his
fingers. and replied: "on Friday, the
2lst We were employed on the fol-
lowing Friday"
That was the nrst time saw
Beattic." said Mr.. Carter. taking tns
strain up. II talked to them, hui ar
Engagements were not completed. and /
was not sure that they had been COM
| pleted until saw II in the paper
Judge Gregory again tried to get n
word In, but Judge Watson continued
the questioning himself
| 10 understand that you have no,
had processes served he inquired
In one particular 1 can tell You.
said Mr. Smith. I'VE have not been
| able to get all our evidence II NAV h.
our own fault, but we have not had
| access TO the automobile matter we
'hoosht we would ask Your Honor to
permit us to examine II. We would
mke TO compare II with a machine OK
IKE model. Buick OF the 1909 model
we have tried to ind like machine.
nut have not been able to do SO we
| went TO Fosters garage TO yet one
out were not able to secure one Wo
ASK Your Honor to give us permission
10 nave access TO this machine f,r the
| purposes OF defense. We were able
only on Saturday to secure the names
OF TWO important; witnesses We spent
TWO weeks trying to get them. bu,
| were not able TO do So"
| Are they in the Jurisdiction of the
| court asked Judge Watson Would
you mind giving the names OF the wit
nesses?"
ihey are witnesses from the viz
gina Railway and Power Company.
answered Mr.. Smith.
We're they Pace and Whi,morep.
ask ID Mr. Wendenburs.
Yes. l believe so. The prosccu,io-
refused TO give US the information
ABOUT them. and we spent two weeks
trying 10 find them
are they all in the Jurisdiction OF
| the COURT"
yes. think so. except TWO; blu, wa
"a &c. mem. Tor they readily agreed
10 coiEe on Geographic summons"
Statement by the court.
We'll. now. gentlemen" said the
| court II passes without saying ,bat
"here the life OF human being Is at
s,ahe 1t would be a qualification to the
| court 10 meet any reasonable reoues,
as to hiking the time for trial Since
the matter was tentatively agreed upon
week ago. IL would seem that the
court is now justified in having the
case come TO trial at this time The
/, eNieencies of you gentlemen hardly
JUSTLY me to defer the case II 7 az
.eoe 10 postponement | will have To
Iea'e 'he court open eight or nine DAYS.
ana feel IT would place the cour,
"ithin narrow confines to set the case
Tor next week. / don't know how ,opy
II Will take 60 get a turv, Tbn-. ,e
about fifteen open days LEFT. and fee,
.ery uncertain about the progress Of
me case II less OF the term be given r.
VII indulge you any Reasonable
length of time to summon your Ia
nesses Against my personal wishes 7
! day" e"Se TO-
! ~ would suggest that we GO ab.ad
win procuring jury and set tho
.riai Tor to-day week" said Mr.. Garter
| III we have the opportunity of a delav
IN getting the jury, It would not mat
III Your Honor please began Mr.
Gregory for the Commonwealth. "r
owe duty to the prisoner and duty
tne same time to the Common
| wealth The afdavits of which Mr.
smith speaks should be fled before
the court, and should contain the
| grounds for which continuance Ia
asked This is simply a verbal state.
ment- submit that the affidavits
! shoclo be brought before the court
now, and the Commonwealth ought
TO be able to inspect them to see IL
they are within the purview of the
law We must know what their
| grounds are"
There was no motion for a con-
tinuance. The defense asks only for
postponement," explained Judge Wat
son.
I Can Get Them Quickly.
! For the purpose of getting the
| matter on record" broke in Mr.. Wen
denburg. Il think it proper to say
| that so far as the two witnesses. Pace
| and Whitmore, are concerned thai
they are employees of the Virginia
! HALLWAY and Power Comnanv and can