The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-09-09

SnNkS hHiFuN iNlieH 70 hANi'SH '''N
I jury before dischsrging them, their
duty having been performed,
I "GenJiemeu Of the 5ury. YOU have
been called from your homes for
4 longer period than Ia usual for men
( tn our community" stated Judge Wat
son. You have had a solemn duty
To perform and the court wishes 10
thank you for the discharge Of that
duty. You are discharged from FUR
I Their attendance on court,
Customary Motions,
! Immediately MIR Carter was on his
feet with the customary motion to set
/ aside the verdict. lie moved that the
Verdict be set aside as contrary to the
law and the evidence, and because OF
mlsdirettion by the court IN the mat
ter OK the numbe OF exceptions taken
by the defense and the failure TO
strike out from the record and the
consideration OF the Jury certain p1r-
tiuns IF The language OF Attorney
N"Hdenburg IN his address TO the
jury
Judge Watson asked II counsel
wished TO argue the motion. and was
told they did not We do not caro- to
argue, unless the court wishes TO hear
from US. stated Mr.. Starter
After a few moments consideration,
Judge Watson said: Gentlemen. ! do
not wish 10 te understood as reflecting
Llou teAr motion. TO 80 over In my
nina the several points that have been
"AoNh"t ny III inns case would require
long time
No New Question.
may Dc paruohed Tor saying TINS
nag pseh case OF general interest
TO tho public. not only In our vicinity
bu, throughout the country generally.
40 a lawyer. however II has not been
al Interesting case hy which | m
mat thefe mas heen no new iesa4
R4esuon involved All questions UP 3i
"A''H tAefN nave heen exceptions
+ rave mower =" ms h'Afg pflnclple@'
upon winch tho higher courts have
frequently "een caiied 10 pass.
G" nor ieei mat the rulings Of
+ inc court nave been of great conse-
Qushce either TOR or against the ac-
cusea. There mas been scarcely ruiz
: ing mat was Of serious merit TO the
result.
feel 10 question or law involved
I cou!a eject the verdict this jury and
t'e court - not ADVISED OF any error
mat would justify it In everything
THIS trial
II decline 10 entertain the motion
/ ana oNtFrale II
An exception was here noted by
MT carter Tor the defense. Follow
league, Air. Carter then addressed the
court az to the time to be given in
which 10 take the appeal. Mr.. Car
Ter asked that ninety days he allowed.
Time Given Defense.
The law gives AS thirty days In
which To file bin Of exceptions"
stated Sir. Carter, and we have no
right To more time except by con-
sent. We now ask that we DO given
ninety days.
Mr Nendenburg here interposed a
mild objection to the effect that In
his opinion no longer time should be
given than the time for the next
assembling OF the court Of appeals
which Will he in November. n longer
time would carry this case into next
spring OF fall that would be entirely
too long
Mr. carter In reply stated that he
thought the defense had been UNI
Justly dealt with ny the Common
wealth, lie referred to the fact that
; they had been hurried To trial. not
granted even the extra week that was
asked for, hurried into trial and II
seemed that tho request was not with
out reason.
Execution November 81.
Judge Watson, after consulting tho
law in the case, and looking at the
calendar, announced that in his
opinion tho defense was entitled to
consideration. The law requires that
the convicted person he sentenced and
, the date for the execution be set