Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-04-13

| these facts SO that you might determine
| whether you desired TO pass on Inc mo-
| ton for Il change OF venue.
Your Honor expressed yourself as be-
| ing only too glad 10 be relieEed'of the
| responsibility OF the trial OF the cases,
| but stated that you wished ITO consider
| the matter over night and would let us
know the next morning your determi
nation in reference 10 II, and designated
| IL o'clock as the hour II which you
would again see us. In the course of
| this interview, 1t your Honors request,
we gave you an outline OF the character
| of the the testimony which We expected
TO produce through your Honor ana It's
materiality was explained 10 you. Al
the appointed hour on Tuesday the ltth'
one of the counsel was in Alexanufla
and met your Honor in company with
the attorney for the Commonwealth,an ana
was informed by your Honor that any
motion which he had 10 make in respect
TO that matter must be made III open
court and two o'clock was liked as the
hour !or the disposition OF any such mo
| ton. Al that time formal motloh IN
writing was made, based upon the am
dayits Of four of the counsel Tor Mr..
RiIey. setting forth that in their opin-
| ion the testimony that you honor would
| give would be material and essential TO
a proper defense Of Mr.. Rixey; that ne
could not safely go 10 trial without II,
and that TO the best OF their knowledge
and belief there we're facts within your
| Honor's knowledge material 10 mis- prop
er defense when couid net be proven
except by your Honor.
The motion vas o-erruIed ana bins OF
| exception we're being prepared wnen TO
| the utter surprise and astonisnmeDt OF
counsel Who Tere in Alexandria, ana
those rho we're afterwards informed OF
| the facts. in rie1. Of that your nonor
| had stated when the rule vas ordered 10
| he issued returnable April 2ist. they as
certained that or the morning Of April
lltn, at about So'ciock. your Eonor3 win
out any ii:rtEer request from the
attorney for the COMM oC"aai1n. al
directed the Sergeant 0? the city. Of Alex
andria 10 go TO the Clerk : Office OF your
Honor's court aud have issued a capias
| tor the arrest Of Alr Ri1ey ana he vas
| ordered to 60 10 washington and exc
cute it. and that its execution vas onif
| prevented By the refusal OF the oihci2!s
| to permit il to he done without requi-
sition. and we were also Informed thai
requisilion papers were being prepared
| for an application to the Governor OF Nir-
| gini ia for reGviSition for Mr.. Ri2ey.
In TIE light Of what had tlansPirea. each
and ali Of the counsel for Mr.. Ki2cey are
al loss 10 Know Tnat mas occurred 20
call for this unexpected course Oh tDe
part OF your honor and TO enter their &c
| iiper2te protest against the same. Ger
ra;uiy tney- are ignorant OF anything
| .-nich Should nave influenced your Hon
or's action. Without doubt most serious
| injury and injustice mas resulted 10 ali
| parties concerned, Mr.. Rixe.;, ms sure
lies his counsel. and the physicians who
attended him. The publication Of those
facts has placed Mr. Rixey III position
of being. il your Honor's opinion, tu-
gitiTe from justice. ana he IS ana viii pc
SO regarded Dy those not conserTant
| g;tn the facts hui Tno maze gained tEcir
information from the press. The sire
ties OF Mr.. RiAey are regarded as being
involved in financial liability for tugi-
| tive ION Justice to the amount OF iorty
| thousand dollars, ana his counsel have
been put in the position OF bad iailh
| toward the court in their assurances a.
| 10 Mr.. RiTey'S condition, and their de-
| termination 10 nave him III court as soon
as his condition would permit and the
sworn certificates and testimony IN open
! cour, Of men most eIninentin tn2medicai
profession, though absolutely uncontrc-
vertei, have been thus disregarded.
fla studied effort nad been made 10
iis2redit, not only MIR. Ri1ey but
everyone else connected "ith his de-
fenSe. and TO prejudice his case, we can
imagine nothing which you'd nave been
more effective than this. Moreover We
are nov at loss 10 know "-nat ii Is that
TOur Honor requires Ii Or hands ~itn
respect TO this matter.aLi are appearing
here Tor the purpose OF asking =our Hon
or 10 indicate upon the record what ii IS
that ;-ou demand Of Mr. Ri-:cy his sure
ties or MS coiin$el 1T this time.
Whist ,Ye do not recede from our posi-
ton that your Honor snOuid grant the
motion which re made 20 Fave certified
your disqualification 10 81; III the trial OF
| this case. set Until the ccrtiGcltioa i:
made Te recognize your nonor's author
ity ana are desiroUs ofconiurininS there
with as far as it can possibly be done.
II it is the purpose Of your honor 20 re-
cuire the production Of Sir. RiIev, not
! outstanding the uucQntradicted eri-
| ieuce as 20 his condition, your Honor
must assume the respCIsiD ility- Tor the
| consequences. At any rate it Is bus lair
| 10 all parties that the situation Of uncer-
tailty wnicn al present exists woGtd ne
removed, and an explicit declaration
made upon the iuce the record as 10
what your Honor desires. We there
fore ask .;our honor 10 enter OF record
7rhat you require Of us, and il YOU take
the responsibility Of Mr.. Rixcy being
brought here dead or aliTe-yoU or the
Commonwealth attorner-"e are pre-
| pared 20 execute your TT:Shcs .'ithc0t
the necessity OF 4 reGuis;tion. ana wheH-
ever your Honor "ili so direct