Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-12
Bankers Counsel Assert There
Is No Need for Requisition.
WILL OBEY COURTS ORDER
Claim That Client q Now Too III
70 Go to Alexandria.
OBJECTION TO JUDGE BARLEY
Motion to Have Gov. Mann Desig-
nate Some One Else to Preside
at Trial overruIed.
Special Correspondence Of The Star.

Special Correspondence Of The Star.
ALEXANDRIA, Va, April L., 1911.
c. Jones Rixey, the indicted banker, will
be produced in the corporation court here
whenever the court desires him. in order
that the authorities here may be spared
the necessity OF having requisition papers
issued BY Gov. Mann.
The foregoing Is the substance Of an
announcement in petition filed by Rix-
sy's attorneys this morning with Judge
L C. Barley OF the corporation court.
They set forth that there is no necessity
for . requisition being issued. inasmuch
rs they are ready to produce Mr.. Rixey
IN court whenever the court issues per-
emptory order that he be produced.
The court. on motion Of Commonwealth
Attorney 8. G. Brent, took the matter I'M
der Amusement until II o'clock next Mon
day morning.
In the meantime the petition for a
requisition Is being prepared by Common
wealth Attorney Brent.
1t was asserted by Mr.. Rixey's attor-
neys this morning that he is still physic-
ally unit to make the trip to this city
to stand trial
I'VE are at a loss to understand Judge
Barley's action in instituting extradition
Jeffries. counsel for the banker. said to-
day.
Mr.. JefYries and J. G. IIiden visited the
president Of the defunct Virginia Safe De-
posit and Trust Corporation at his home,
200 10th street. Washington, today and
then came here. The lawyers say they
are nonplussed by the action Of the Vir-
ginia Judge and add they have not decided
what course to pursue In the matter.
Want Another Judge in Trial.
motion to have Gov. Mann designate
some Judge other than Judge L. C. Bar
ley to sit at the trial Of Mr.. Rixey was
overruled yesterday afternoon by Judge
Barley. following the presentation Of
af1idavits and arguments made by Rixey's
counsel.
Five afiidavits Directing to him sitting
were made by John L. Jeffries. John 8.
Barbour, J. r. and II. B. Cation and
George Hfden.
Barley Is an important and material wit
ness for the defendant in the trial Of all
of the said Indictments on their merits,
and that in their opinion the said de-
PENDANT cannot safely go to trial Of any
and to the best Of our knowledge and
belief there are material and essential
facts within his knowledge which the
defendant cannot establish without the
testimony Of the said Judge Louis c. Bar
ley"
Answer to Auditors Petition.
The attorneys for Mr.. Rixey yesterday
afternoon filed answer to the petition OF
8. r. Donahoe, auditor Of public accounts.
presented to the corporation court Of
this city In January in the case Of
Thomas j. Fapnon and others against
the Virginia Safe Deposit and Trust Cor
poraf1eh.
The respondent xdmits the correctness
Of PARAGRAPH one OF Mr.. tDonahoe's petit
ton, which merely sets forth the fact
that Thomas W. Robinson IL city treas
urer of Alexandria. but neither admits
nor denies the assertions In the second
paragraph, which tells of the collection
and depositing OF S18, 800. 50 with the
trust corporation
The respondent neither admits nor de-
MES statements made in other para
graphs. and says he has been too Ill
since the suspension Of the corporation
to investigate its affairs. and calls for
strict proof Of the allegations set forth.
The respondent denies the statement
made In paragraph 10 that the board
OF directors absolutely turned the man
agement. control and direction OF the
affairs Of the bank over to him, and ac-
cepted his statement as final and true
He also denies the statements made in
paragraphs known as IL, IL and Is. He
prociaims his ignorance Of the state
ment made in paragraph II. In regard
to the alleged condition OF the bank to
pay all claims upon 1t at the time the
FIRST receivers were appointed.