The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-06-09
-. srss t.s
new GRAND JURY
TO BE SUMMONED.
Foreman Of Body Found to Be
Stakeholder Of Appomattox
Trust Company.
yoLuMINous INDICTMENT
Document in Davis Case Covers
Thirty-four Charges and
528 Counts.
voLUMINoUS INDICTMENT
DY. A. r. w. MACI<RErH.


Petersburg, Va, Juno S.-Stating
that they had learned through rumor
and by direct information, that the
liCommonwealth's Attorney had pre-
pared another Indictment, comparable
In length only to tho Code of Vir-
GINA, attorneys for Charles Hall
Davis. former president of tho defunct
Appomattox Trust Company. now held
Tor trial under numerous indictments.
charging larceny and embezziement,
made an effort in the Hastings Court
here this morning so break down the
/ prosecution, by asking for bill of
particulars In every Indictment or, IL
| 1t. had been the purpose OF the attor-
| ney for the COMMONWEALTH to dismiss
the pending charges, that nolle
| prosequi be entered as to all, with the
understanding that by kuch action it
would be the purpose OF the Common
wenlth's Attorney to make final dis
! position of the charges.
The motion was read to Judge
Mullen by Colonel James Mann, of
the defense. Conmonwealth's Attor-
ney Richard Fl. Mann had not been
apprised of the plans OF the defense,
but he was ready with the Indictment.
of which rumor had .brulted SO much
With both hands. he laid 1t on Judge
Mullens desk Everybody stared and
I
| went the rounds among the attorneys
for the defense. Rumor had not en-
bcilished the real facts. and there was.
some reason for the comparison.
yoluminous Document.
The indictment was about sixteen
inches long and an inch and half
thick The last page was numbered
264. and when the counts were finished
there were 52s, covering thirty-four
different charges, all alleging feIonlous,
! wrongful and fraudulent embezzlement
Judge Mullen placed the document in
his lap and glanced over It. Later,
after some confusion, 1t was given to
| special grand jury--the third grand
| jury which has been called to examine
| the conditions leading up to the dis
solution of the bank-with explicit In
strucuons, requested by the defense.
that there be a full investigation, in
dependent OF the other indictments.
and that every count be carefully con-
sidered. The grand jury filed out
When the grand jury assembled this
afternoon after dinner Judge Mullen
stated that 1t had come TO the knowl-
edge of the court that the foreman
OF the jury was stockholder in the
Appomattox Trust Company, and the
| jury was at once discharged by the
court.
|. a,
The cases will have to go over until
! the regular June term OF the court,
when another grand jury will be sum
| moned. The June term OF the court
| conyenes on Thursday. June Is.
On addressing himself to the court,
! Colonel Mann said that 1t had come to
| the Knowledge of the attorneys for
the defense that the prosecution had
| summoned a third grand Jury to pre-
otrna
nous as TO be nearly as large as the
| Code of Virginia. He cited the fact
| that his client had voluntarily APP
| peared in court. after the first present.
ment against him, and had been con-
tinuously ready for trial ever since,
| and that the time had come for him
| to have an opportunity to meet and
| face his accusers. without waiting for
the volunlinous document to be sent
to a third grand jury. which may take
months to consider It.
Then he read the carefully prepared
motion. extracts from which follow:
Your petitioner, Charles Hall Davis,
| respectfully shows unto Your Honor
/ than on February 10, 1911, there were
| found against MIN by the grand jury
| of Your Honor's court. six indictments
| charging him with being accessory to
| embeZzlement from the Appomattox
| Trust Company, the said indictments
! having been prepared by the Common
! wealth's Attorney during a two weeks
recess of the grand jury, after a most
exhaustive examination of the banks
| affairs and the banks books by the
| grand jury, and after all the officers
and employers of the bank had ap-
! peared before the grand jury; that at
| the March term of Your Honor's court,
; the commemorative Attorney having
| decided presuma bly, that the said six
! indictments found as aforesaid could
not be sustained by the facts. drew
and sent to the grand jury nine In
| dictments against ybur petitioner.
Bishop. with larceny from the said
AppomattoX Trust Company. six of
| said indictments covering the iden-
tical transactions that were covered
! by the six former indictments. the said
indictments of February Is having
been known Nos. /, 2. 8. 4. and 6,
and the said indictments OF the March
term having been known as Moss, 8,
O. 10, i and 13: that the said grand
jury returned the said indictments.
and also found three other indictments
against your petitioner and said Bishop
Jointly. charging larceny, two charg-
! ing false entries, and one charging an
omission TO make an entry; and that
Upon the finding of the new lndict-
ments all Of the indictments, which
had been first found were dismissed.
Verdict of "Not GuiIty.n
AT the April ter of Your Honor,s
court one of the said joint indict-
/, ments charging false entry. and
which the Commonwealtn's Attorney
apparently thought was the strongest
of all the charges, was tried as to
Mr.. Bishop, and 1t becoming apparent,
before the evidence for the Common
wealth was all in that the ofrense
charged In the Indictment had not
been committed, the Commemorative
Attorney. following ruling Of the
court to that effect, SO stated to the
jury. who Without leaving the box
rendered verdict OF not gunilty"
Then the lawyer cited tho fact that
Mr.. Davis after an examination Of the
bank by the board OF directors. was
reelected president.
at the April term of Your Honor's
ri