The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-08-10
GREGORY GIVEN
3 YEARS IN Pen

I'VE, the jury, find the accused
guilty as indicted, and fix his pun
ishment at three years i'm the PEN
itentiary.'
This was the verdict handed in by
the jury In the Hastings Court on Mon
day in the case of Lewis l.. Gregory,
after being in their room five minutes.
Counsel for Gregory asked that sem
tence be suspended until the fall term,
so that Gregory could assist the rail-
road and the bonding company in
he had charge. This request was
granted by Judge Witt, and the pris-
oner was taken to jail.
When the case was first called Mr..
Smith, of counsel for Gregory. stated
that his client would waive the read
guilty" but a moment later this plea
was changed to one Of mot guilty"
so that the jury could pas upon il and
render n verdict.
II was positively denied by counsel
that a compromise had been effected.
Gregory was brought into the court
room by Deputy Pat Bowls lie was
followed by his counsel, Messrs. II.
NJ. Smith and Robert l.. Talley, who
sat at his right, while his brother sat
on the left. The court room was well
hlled with persons eager TO see the
prisoner and hear the case. In the
former the crowd was gratifed, but
so far as hearing the case was con-
cerned, they were disappointed, for
not particle of evidence was pre-
scented. That was useless. for il had
been understood that Gregory was
ready to plead guilty, and it had been
rumOred for some days that a COM
promise had been effected between
counsel for the defense and the Com
monWealths Attorney, together with
Mr.. Ernest PoindeXter representing
the American Surety Company.
Mr.. Talley declared to a Journal
reporter that no compromise had been
erected. although il was known that
all the lawyers in the case had held
a conference for the purpose of reach
ing some settlement concerning the
term of punishment.
After the jury had been selected
commonwealth Attorney Folkes
spoke briefly TO the jury He told them
that the term of punishment for the
crime ranged from one to ten years
in the penitentiary. He said that the
tact that the prisoner had pleaded
guilty should be recognized by the
jury, and should have some effect upon
them in reaching n verdict. Justice
should always be tempered with
mercy, said Mr.. Folkes hut at the
not he overlooked.
I'm suggesting that four or five
years would be sufficient to meet the.
ends OF Justice said Mr.. FOlkes. Il
do so at the recommendation OF rep
resentatives Of both the railroad COM
pany and the bonding company. and
1 think myself that four or five years
would he enough. do not think any
less time would he sufficient"
In his reply Mr.. Smith called atten-
ton TO the youth OF the prisoner and
his early fall. which not only caused
suffering on the part Of the accused
himself. but upon his mother his
young wife and two children and his
brother.
1T is the fear OF the certainty Of con-
viction which deters and the length OF
the term in a case like this has little to
do with the ends OF Justice. We expect
some punishment. but I think two or
three years would be sufficient" said
Mr. Smith. This Young man has ac-
knowledged his guilt. and he is ready
and anxious TO begin his term and get
over IL. He Will go to n felon's cell.
don a felon's uniform. and come away
with the brand OF felon indelibly stamp
ed upon his future career. Let your
mercy tempcr justice. and give him not
more than three years"
Mr.. Folkes replied in few words. =
emphasizing what he had previouslW
said. that not less than four years
would be sufficient TO meet the ends Of
justice.
The jury then went to their room.
and within NV minutes returned with a.
verdict OF guilty. with a three years
term.
The crime OF which Gregory was con-
Nicted was that OF embeZzling a large
sum or money from the Atlantic Coast
Line, by which company he had been
employed number OF years in q re-
sponsible position. The specific charge
was that of taking $4,000 from the
company Upon the verge Of this dis
coVery Gregory left the city after
placing note near the river bank. in {.
which he intimated that he was about
10 commit suicide. Several weeks after
ms disappearance he was located in
Denver arrested and brought back to
richmond by Captain Mcmahon. chief Of
detectives. He said from the start that
ne was willing TO confess his crime. but
Tor a while il was thought by the public
that he would implicate others. There
seems TO have been no foundation for
such a rumor, however During the
next sixty days he viii aid the ohicials
or the railroad company and the bond