The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-12
ACCUSED is ILL
AT HIS HOME
Action Follows Refusal to Serve
Writ of Capias--Motion by His
Attorneys to Have Some
Other Judge Sit in Case
Is Overruled-Move
Causes Surprise.
Special to The Times Dispa tch.l


mined to bring c. Jones Rixey, the in.
dicted head Of the Virginia safe De-
post and Trust Corporate to an
early trial, Judge L. c. Barley. Of The
Corporation Court. this afternoon made
application TO Governor Mann FOR
requisition papers for the arrest Of
Rixey. Rixey is now reported danger
ously i'll at his home in Washington.
His bond. in the sum OF $4,000. was
declared forfeited in the Corpora ton
Court yesterday afternoon. because of
MS failure to put in his appearances
when his case was called.
\ capas for the arrest Of Rixcy.
ISSUED at the instance OF Judge Bar
ieE' TINS morning was placed in the
nahus OF CITY Sergeant Il. IL. Coz, who
vent TO Washington FOR the purpose 81
serving it. He conferred with Captain
Boardman chief Of detectives Of the
washington police department. and
the latter Informed Mr.. Cox thar {,
would he Impossible to execute tho
caPlas. in view 81 the fact that Rixev
vas at his home. He explained. nov.
eyer mat should Rixey be on IN.
streets he could be taken In custodv
ar, Cox was further Informed ~ go
,ath boa roman that the prcpcr proce-
cure whereby Rixey could be arrested
"ou!d be TO have requisition PAPERS
-nhE lie Taken 10 Hospital
oii as me papers are granted
by Governor Mann. Rixcy will he ta,sen
~ Nus COY ana II was explained this
~. ~ ing ny Judge L. c. Barley that
si,otiu ~ De found that Riycv il too
III 70 be brought 10 this civ he Vii
p n .nken to one OF the WASHINGTON
tosPitals. where he viii be kept ,,r,dor
o ,1istant surveillance until his nv.
siIIahs deem II proper to bring bi,, -
Alexandria. 'ii!h 70
ne announcement OF the proposcd
nGtion on the part OF the court IN hava
n.SeE arrested caused something ~ J,
ptisG 20 MS attorneys 1t is gencr-
neiicSed mere that any effort made
70 nave RiXey removed from his hone
10 washington hospital will be VIC
oaousiF opposed This matter may
n"'c 70 be threched out in the courts
- tne District OF Columbia. il is SAID
: Mnen court convened Yesterday
iSiHcS failed 10 appear. and his bond
~ me sum Of $4,000 was declared
r oiietteo. tbs attending physician Or
rrceman. asserted that RiXav was g..
riously i'll. Reports from Wasbir.,o,,
To-Day concerning his condition arethat
ne IS very III man. and had IA hc
gwen drugs last night in order II
sleep. =
Must .tppcnr In Court.
since RiXey has been indicted no
mas been in Alexandria twiceNone
.lmc &c give bond, short time af,.-
ne had been indicted and on the see
Gnu Gnu occasion for a renewal of bond
wing 10 MS reported bad health, tho
court mas from time 10 time POSTPONED
MS case It is now. however. defer
mined to have Rixey brought to This
city as soon as possible, SO that he can
S"cr the necessary preliminary oues
lions preparatory to going into his
tria!. a lot Of Dreliminaries doubtless
Will be necessary before the actual
trial begins.
The indicted banker, the last time oa
came here, appeared very feeble. His
physicians did not, however, yesterday
say that his condition was critical.
commemorative Attorney Brent to-
morrow VIII prepare papers to be sub
!.ied TO Governor Mann for the re-
QUESTION Of Rixey. The attorneys FOR
RiNey will fight the case and send ar
ioaVl!s TO the Governor setting forth
nm at this time to Alexandria. owing
to his condition
ASK for Another Judge.
IN the Corporation Cour; this af;er.
noon Judge Barley overruled motion
or RiNey's attorneys 10 have some
other Judge to sit in Rixey's case HIS
ground for overruiing was that 10 mat
Ter II he Is material witness in the
cases against EiXey such would not
render j improper for him 10 Sit ii
the trial Of any preliminary questions
tnat might he raised: second that nc
requested them TO show cause wherein
he would be material witness in the
trial, because simply by motion SUB.
mittcd by the attorneys for the de-
Tense any Judge could be disqualified
from sitting in case. The action was
taken following arguments by the at
torneys of RiNey.
The afiidavits liled by the attorneys
with the court set forth that Judge
Barley is an Important and material
witness for the defendant in the trial
Of all OF the said indictments on their
merits. and in their opinion the said de
PENDANTS cannot safely go to trial Of
any of said cases without the said cyl.
dence. and ito the best of our llnowl-
edge and belief, there arc material and
essential facts within his knowledge
which the defendant cannot establish
without the testimony of the said
Judge Louis C. Barley"
Answer iTilcd With Clerk
The answer Of 9. j. Rlxey to tho
petition of S. r. Donohoc. Auditor If
Public Accounts. presented to the Corpo-
r"tioh court last January. lii the case
OF T. j. lHannon and others against
the Virginia Safe Deposit and Trust
Corporation, has been filed in the Office
Of tho clerk Of the Corporation Court.
The respondent admits the correct-
ness Of one paragraph Of Mr.. Dono
hoes petition, which sets forth the fact
that Thomas w. Robinson is City
Treasurer OF Alexandria. but neither
admits nor denies the assertions IN
the second. which tells OF the collection
and dcpositing or S1S,309.53 with the