The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-24
COURT DECLINES
TO REJECT PLEA
Renders Verbal Opinion Con-
sidered Favorable to
Defendant.
MOL PROS IN ONE CHARGE
identity of Ofenses Alleged
Will Be Submitted to
Jury.
Times-Dispatch Bureau.
ioe NTH Sycamore street,

Petersburg, Va, September 23
The appomattox Trust Company
cases were called in the Hastings
Court this morning, and occupied the
time of the court for several hours
The cases Games up on the motion of
Commemorative Attorney to reject
the plea filed at the July term of the
court by Charles Hall Davis, one of
the defendants for his discharge from
prosecution under the last indictment
containing thirty-flve charges and 52S
counts alleging various larcenies of
the funds OF the bank. on the ground
that the oftehses alleged therein are
identical with the offenses alleged in
the indictments On which he had been
previously discharged.
On this motion briefs had been filed
by both the prosecution and the de-
dense. The judge on ascending the
bench. stated that he had given these
briefs close and careful study. spend-
Ing the greater part of last night in
doing so He rendered verbal
opinion of some length. which was
favorable to the defendant
The court suggested that the allesa.
ton of the conclusion of law as set
o't in the plea of the defendant, fol-
lowing the allegations OF identity as
TO the offenses charged. amounted TO
a qualification of these allegations
Thereupon counsel for the defendant
struck out the words suggested by
the court and the Judge held that the
plea as amended, was good plea IJs
overruled the motion Of the Common
"ealth's Attorney to reject the plea.
commemorative Attorney then ask
ed TO be allowed to file replication
10 the plea. and argued ably. and at
length, to show that the thirtv-fve
charges In the big Indictment are not
ana cannot possibly be tho same az
nose contained in the one or several
,hoic.ments on which the defendant
had been previously Neither in law.
II man or mathematics could thev he
identical.
me Commonwealth's Attorney. with
'ne consent OF the court and over IN.
protest of the defendant. nolle prose
auied one charge with fifteen counts.
IN reference 10 a $4,000 item in the big
Indictment VS.
The Esleat and important issue. as
developed In the proceedings to-day
was rs 10 the identity of the offenses
alleged in the pending Indictment with
tbose alleged in the indictments on
which the defendant had been dis
charged. This issue the coudt decide j
charged This issue the court decided
OF jury. and set Friday. September
20. for the jury trial
An informal discussion between the
court and counsel to-day developed
the fact that all are anxious tina
these cases. which have been so long
pending, should be finally disposed of
at this term. Though the charges
against Carter r. Bishop are the same
as those against Mr. Davis counsel
for Mr.. Bishop took no part in the
proceedings to-day. The result in the
Davis pleas will be the same as to
Mr. Bishop.
False Entry Indictments.
Counsel for Mr.. Davis entered a mo-
ton that he be forever discharged
from prosecution for the orfenses
charged In indictment Nos. ]. g and g.
alleging false entry and omission to