The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-01


without reaching a verdict, Judge II
Carter Scott, of the Henrico County
Circuit Court, last evening at Z o'clock
recalled the jury in the case OF the
State against Edward Foster. charged
with a capital crime, and adjourned
the court until 10 o'clock this morn
ing. The jury was escorted to tho
hotel under guard. and VIII meet this
morning to make UP Its verdict.
Opinion is divided as 10 the outcome
OF the case, the failure of the jury TO
return prompt verdict being taken to
indicate strong disscnsion in the Jury
room, If not utter inability to agree
The whole day was consumed In cx-
amining witnesses and hearing the ar
Sument OF counsel, both the prosecu-
ton and defense lighting every inch
OF the way and entering every pos
sible exception, The nature of the
evidence followed the main points al
ready brought out In a previous hear
ing before Justice r. j. Puryear.
Age of Girl the Crux.
The tercest fight of the trial cen
tired about the evidence produced by
the prosecution tending to prove that
Ada Catherine Mceks. the alleged VIC
Tim OF Foster, was at the time OF tho
specific offense charged in the war
rant. and is now. under fourteen years
of age. Upon this fact and one other
actual proof that the crime charged
was commissioning the prisoners
fate. Both sides admitted that The
case rested upon these two points. and
confined their chief arguments to them.
Mrs. Mamie Hicks, of Zion, Louisn
county. summoned by the State, testi-
fed TO Knowing Ada all her life having
peen present, she said. at her birth
puring the many vicIssitudes of the
Aleeks family she had been called upon
frequently TO take care OF Ada and her
small sisters and was in position TO
told the jury that she had received
positive Information from the mother
or the girl shortly before she died two
ysars ago that Ada was born in May
only thirteen years old.
IN support of the charge in The
warrant; the state introduced Mr.. and
adjoining that OF Foster Mr.. RUSSELL
related under oath. and was substan-
tEiaiiy supported by his wife. that Mrs
ter. his. son. and Ada. fed from the
roster farm to his house on the night
curing which the prosecution alleges
r rns crime me was committed. seeking
spent the night at his house. and that
the next morning Foster came to his
dhw9iiins with a wagon to take his wife
EHersaion then took place between
roster and his wife in the presence OF
himself and his wife. In which Mrs
roster bitterly upbraided her husband
Iof MS conduct. This. he said caused
Foster to reply that III she didn't
IKE the way he did ne was ready 10
give her half OF the property or her
Just share" implying that he was ready
Tor divorce. He also accused her
OF being jealous.
me testimony OF the Fussells was
e evsrsd hy the State as corroborativo
or the strongest points of tho nro.ac,,0
ton. '"e pFosecu-
Girl ON stand.
superintendsntD ~ WI, Maii lam j. Mayhee.
society. who told or taking Ada, to-
gether with three other sisters. in the
he en @i tSG s,S years ago of later placing
r rstnoSal OF the girl from his home.
me State placed upon the stand the
sirl' who is the central figure in the
case. She has decidedly attractive
giri more than fourteen years of age.
she Is frail in stature, and has a de-
cidedly childish air. With frequent
stops, and In broken sentences pune
peated practically word for word tho
story she had told before the lower
court. Only by repeated questioning
OF the Commonwealth's attorney was
from her unwilling lips. on the point
OF dates and specific times She was
hopelessly confused. but in the main
nef story withstood the attacks OF at
torney for the defense, L. o Wenden-
burg.
Examination by the lawyer for the
defense caused her to admit that she
had been a mean girl. and that Eos
Ter had repeatedly been compelled to
whip her for her meanness. On one
occasion she had put a dead snake in
the spring in an effort to poison Fos-
ter Asked why she did 1t, she guessed
It was because the devil had got into
her, but a moment later she said she
did it because she wanted TO get even
with Foster, who had wronged her.
1t developed that Ada was sent to
school by her guardian, hut later had
to be taken home because of miscon-
duct.
Two yitnI Points
Combining itself principally to the
two vital points already noted. the de-
Tense sought to show by a letter writ
ten to DR.. Maybee by Mrs. Hicks two
years ago, at the time she applied to
the home for a berth for the children,
in which 1t appeared that Mrs. Hicks
referred to Ada as being at that time