Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-04-13
MOTION AND PROTEST BY COUN-
Sci FOR C. T. RIXEI.

ing the personal appearance oil Mt.
Rixey before said court. Following the
reading OF the statement Mr.. Brent. the
| attorney for the Commonwealth. asked
TO be allowed 4 reasonable time TO con-
slider the statement and motion, stating
at the same time that no requisition
would be applied for until counsel for
MT RiSey were given ample notice OF
such application. The full text of the
statement is as follows:
Early last week it became manifest TO
the family Of Mr.. c. j. Rixey that unless
his condition improved materially before
the following Monday it would be i'm
possible for him to attend court in ODE
dience to his recognizauce without great
risk; thereupou, on the afternoon Of
| Tuesday. April +th in order that they
might be fully satisfied OF his condition,
they called in consultation doctors w s.
Thaysr and Henry NJ. Thomas, Of Johns
Hopkins Hospital; MS family physician,
DR.. George T. Freeman and Dr.. y. C..
Braisted. Of Washington, D. c. These
physicians after consultation informed
the family and counsel of Mr. Ri1eT That
ia their Judgment IL wouid be impossible
for him 20 be carried TO Alexandria sx-
| cepilat serious risk.
We determined TO inform your Honor
and the attorney for the Commonwealth
Of this situation, and ascertain Jour
wishes as TO the course TO be pursued:
hence on the next day, Wednesday.
April 5th. counsel for Mr.. Rixey ~'ent 10
Alexandria. sought first the attorney for
the Commonwealth, DIT finding that Ce
! was absent from the cit;- re called upon
-our Honor and made kno"n these facts
10 you. II vas suggested b.. .-oUr Honor
-"eaith Tould be in his Office the next
day, that We see him. lie returned 10
Alexandria that afternoon, however,aud
vas seen By one Of the counsel OF Mr.
Rixey, and vas informed Of these facts
and he then stated that he felt that
local physician Of A Alexandria should be
allowed to examine Mr.. Ri2ey, but that
the Commonwealth had no funds with
which TO pay for such examination. ana
that he thought the expense should be
borne by Mr.. RixeJ. That We readily
agree TO, and the attorney. for the Com
monUealtn named Dr.. Arthur Snowden
Is the physician to make the exa.lina-
ton. Al the suggestion OF the attorney
for the Commonwealth re rent to see
Or. SnoTden and made arrangements
with MIN for this examination, ana sup
posed until Saturday, the Stn lof April.
That the arrangement would be carried
out On that day we we're Informed that
DR.. Sno"den naI declined to make the
|
Mr.. Rixey urged that another physician
be named. The Commonwealth !Attor-
ney declined 10 suggest anyone else but
your Honor did suggest two or three
other physicians but none CT them con-
scented 10 act.
fealizing tnat proper examination Of
the absence Of MIR. Ri3ey shouid De
made 10 court, ~e secured the anidaTits
OF the four above named physicians "no
mad examined him, and these ahida wits
were fled in court on Monday, reference
TO which your Honor used the follow
ing language: Evidently from the read
ing Of these affidavitS, and you must
rake these athdavits a. true, Mr.. Ri2cey
Is not III condition 10 be mere today. The
Commonwealth s attorney i understand
"as given an opportunity 10 send some
one there 10 make an examination o.
Mr.. RixeE, Dit ioT whatever reason Il
may be. though through no fault Of his
own. the PHI stefan declined 10 go"
Ia addition 10 this re presented 20 the
court Dr.. Freeman IN person, WHO "a;
examined al length ~ your Honor. LII
tie course Of his examination your Hon
or asked MIN the following Guestions
%. Do yOu tLink lie IS IN ans conui
ton 10 come down 10 court during the
present "eek 10 renew MS bond2
a. do not think he ought to attenc
or think he ought to be disturb 4 for Il
%. Iou know that IL the renewal o.
4 bond there Is practically: no strain up
on MIN except further tnan the trir
io"Da
"A. Well, DO not agree with you;
sir. / think the coming over here and
the thinking about the thing Is great
nervous strain upon lHm. Veal II ought
this over DR. Thayer. Dr. Thomas and
DR.. Eraisted and myself. ali talked ever
the case and re were Of the opinion that
the strain Of MS coming into court would
tLrow. strain on nm that would De dan
seTous.
After the introduction Of this evidence
Thicn vas uncoItradicted. your Honor
direc. ed that the clerk enter Oh record
Mr.. Ri1ey's default ii falling TO appear
and directed entry of al order a"ardin 8
q rifle against all the parties returlabls
on the 2lst day Of April, at II o'clock, re
curing them 10 appear and snow cause
;Thy 4 writ Of scire faciaS should lot IS
Sue stating to us in -FOUR HcDor's OWE lar.
guage. II will issue the rule against all
Of the parties returnable on Friday, the
Llst, and il :ou produce Ei::! IL court 81
that tine Tiii say perfectly frankly &c
.,;.ou thar / will spars the recosni@ance
ana dismiss the rule ana set the forfeit
| ure aside.
Immediately after your honor had SCI
the hearing on the rule Tor April 2ist,
your Honor SAID II understand Mr..
| Brent will make motion" And there
upon Mr.. Brent stated, Yes. want to
| make motion TO issue a capias on the
new indictments that have been found. J"
And after some discussion as TO the
necessity and prOprietT. OF S;ich course
| your Honor inquired OF the attorney f0I
| the commonwealth. 1t %ould not be
youg purpose to ask Tor any requisilion
before the list. before the rule Gomez
| up" To which FIR. Brent responded,
Il haze no idea Of doing II, sir. want
10 be IN position 10 act il see ht TO DO
it," And thereupou ;ouI honor directed
the clerL 10 issue capia5 Oh the new
| indictments.
| Accepting this IS an assurance from
the court that 10 further action you'd
be taken touching the personal appear
aucs Of Mr.. EiZsy pcior 20 tie Zlst OF
April. re Subsequent: ING uired OF your
| Honor whether OF MOI !-ou expected US,
| if 7;e r;ere able 20 prodacc -Ir. RiIc: IN
aourl Oh the 2lst to ne prepared ii that
time 10 tlEe up ana dispose OF any, pre-
! Iiiu.rar. Guest onS Upon the indictments
and volr Honor then IN response to thai
| i.C,tiry stated mat Il IL was III condI-
tor 10 10 so 1t that time :.-oa "ouil pre-
Ter thar il be done, and &c assured |'Cui
Homo: that Il II vas possible 10 haze
him there 1t that t;iEs sc "ould 90 50.
IN the afternoon Of Monday after the
adjournment Of :-ouT court. :our Honor
met t,~o Of Mr.. kiXey's counsel On ring
street, III Alexandria, and mais some
| reference 10 ThaI had occurred IL court.
ana the disposition. made ~ you OF tire
non-appea1auce Of Mr.. Ri3ey and the
application vi the attorne: fox the Com
mon" eaitn Tor riie IN connection
Herewith, and stated TO theta that ycur
.iea II pursuing that course Ias 70 dis
pose Of any preliminary motions which
they might desire 70 make If Mr. Eixe.:.
should be Gple 10 appear at thattine and