The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-12
could not say less and Will not say
Important Murder Cnsc.

Important Murder CDsc.
| a ieview OF the case is necessary Tor
an understanding OF tniS acuon Oh Inc
| part olJudSe i1undley, wnich startled
the ohciais at the capitol yesterday.
About Two years ago, Two ola mon
named stuart were iuund dead in the
charred ruins Of their cabin. They
were regarded as mlserS. and robbery
was presumed 20 have Teen the incen
tive. For some time there was no
clue but. foiiowing the relation of a
dream by a resident of Duchlng uam,
three men were arrestcd--M. D1iias
Wright white. and Ed. Jones and tticn-
ard Perkins, coored. The principal
cVidencc against them was ine con
fess'cI' OF TWO neSrUeS. who claimed
that they had been compciicd 70 ac-
company the murderers 10 the Stuart
ca pm on tns night OF the CRIME. All
three We're convicted and sentenced to
death.
On an appeal 10 the Supreme Court,
the latter body reversed the lower
eour, as to the two negroes, on the
ground that the feeling against the ac-
cussu men in Buckingham entitled them
10 a change OF Venue. Accordingly, tho
hiSher court ordered that the prisoners
be tried III the Hastings Court OF the
city OF Richmond, without carrying
thc accused bach to Buckingham cuun-
~ They have for some time been
confined IN the Hcnrico county JAIL in
Richmond.
DUTY OF Lower Court. #
JUICE hundiey makes the point. III
an order entered in the Buckingham
court. that it is .Xciusvtiy within
the Jurisdiction OF the trial court to
name the cour, TO which The venue
should be changed. lie adds that ne
would not have sent tho cases TO so
remote point AS the city OF Richnund
had 1t boon left to him, but would
have rcnlanded them 10 = rciShboriuS
county. where the prisoners could have
had an absolutely fair trial.
For these reasons ne refuses TO enter
the necessary order. Judge Witt will
20 10 Buckingham on February s3 and
render the order changing the venue TO
Richmond, without taking the prisoners
70 that court.
Inc remarks OF Judge iiundley, which
arc made rart OF the buckingham rec
ore are as follows: +
Requests Another Judge.
The Court Of Appeals having en-
tered al order directing The Circuit
Court OF Buckingham to order tho
venue for the trial OF Richard Perkins
and Ed Jones 10 be changed 10 the
Hastings Court Of the city OF Rich
mond, without carrying the accused
nudge Of said Circui, Cour, Of Buck
! iuCham being Of ouinion that these
cases, which have already been pend
ing in the courts fer nearly two years
should be speedily disposed of has or
dered specia term OF said court 10
be teld on Thursday February 23. 1911
And the judge OF said court being
further Of opinion that under The cir
cumstances, he should not preside owe,
said court whilst any matters con
nacted With the eases OF the said Ell
Jones and Richard Perkins, or lilo case
II W. Dallas Wright arr. being con
sidered or dealt with. doth hereby re-
l"est the Governor OF Virginia tc
designate some other Judge TO hold
| tbs said special term OF court and Il
10 AL things necessary or proper to be
lone In the cases mentioned.
The Judge OF aid Circuit Court in
AvailjnS himself Of the privilege ac-
corded him by section 1889 81 the Code
4 ot Virginia deems ), due 70 himself
4 % stat" and enter nf record some OF
/ MS reasons for 80 doing 'rhe JUDGE OF
i this court is of opinion That section
/ &oSs nt the Code OF Virginia invests
his court exclusively, with the dis
cretion TO determine and name the
court 10 which the vAnuc in those
/ cases should be chaneed--a dscre-
zion which is liable 10 be reviewed. on
II appeal. alter II has been exercised.
but until exercised by the court on
whom il ia conferred. no riEhtful power
"AiAIs anywhere TO control. forcstall
or direct Its exercise. The iud,e Of
This court. If allowed to exercise this
discretion, would have deemed il pre-
judicial 10 the cause OF Justice 10 send
+ these cases for trial TO 50 remote. a
| Eoin: as the city OF Richmond vho.1
/ they might have been sent to soma
] neiShhorinS county. easily accessible
| 10 the witnesses. and where the pi..s
oners could have had IN absolutely fair
trial 5f
"LncItinE In Conrte.,''
| Waived IN this light, til.. c.r,,ar @,
the Sunrfnle Court appears to lack ,ba}
me spirit Of courtesy ana comfy
which ore court has the right 10 ex
| pect Of another. ana especiany az I
! court possessing the power and pres
! tit;e nf court Of last resort : sense
! ~ rFopei raspect for hir.salf. ror Tia,
! dignity Of the cAiea which he bold4
ana for the ish tribunal which issued
! the order nlpels hin, most res,ratf,llIy
! 80 say this much Fie ?ould no, sa%
less and Will not say more
TIE clerk of the C.rc, r5our+ :.
buckingham is directed 10 enter this .,
record and to certify The same - tha
GoItrnor q this state. as required