The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-25
JUDGE LATER WILL
MAKE DECISION
Hears Arguments on Plea of
Dismissal of Indictment
in Bank Cases. III.
DAVIS TRIAL POSTPONED
Woman's Body Found in River.
Other Petersburg
News.
TRIAL POSTPONED
DAVIS
Times-Dispatch Bureau.
100 North Sycamore Street
Petersburg, Va, July a.

ings Court against Charles Hall Davis
and Carter r. Bishop. embracing thirty
five separate charges and b26 counts.
important preliminary motions were Of
fered and argued at lengths to-day.
This. in view OF the fact that the trial
OF Mr.. Davis under this indictment Is
set for tomorrow.
Counsel for Charles HALF Davis en-
tered two pleas. practically the same
In substance. but different in form, ono
demurring to each and every charge
and count in the big indictment. known
as No. 10; the other demurrlng to tho
indictment as whole. and coupled
with these pleas was a motion to quash.
Plea No. sets forth that the Com
monwealth ought not further to pros
ecute the said indictment against him
the said Charles Hall Davis, as a whole
or as to any count thereof. because
he says that heretofore. to-wit, at a
Hastings Court for the city of Peters
burg. holden on the sth day of July.
1911, the said Charles Hall Davis was
forever discharged from prosecution
for the offense In each of the said
counts of the said pending indictment
alleged to have been committed by
him"
The judgment and order of the court
discharging Mr.. Davis from further
prosecution on indictments 6. s, 0. 10.
II and IL. respectively, entered on July
5. was embraced In to-days plea The
discharge Of these indictments was
held to be an acquittal
Plea No. l further sets forth that
said Charles Hall Davis AYERS and in
fact says that the offense of which he
was indicted in the indictment de-
scribed in the Judgment and order of
the court as indictment No. 10 (charg-
ing the larceny OF SS4.1S4.6T), and from
prosecution for which he has been for
ever discharged, and the ofrense OF
which the said Charles Hall Davis is
now indicted in each OF the counts OF
the pending indictment. known as No.
TO- are one and the same and not diff
ferent. offenses. as will appear from an
inspection of the said former indict-
ment. and each OF the counts OF the
pending indictment. and by the rec
ords of the court. which Indictment and
records he. the said Charles Hall Da-
Wis. doth now avouch. because proof of
the same facts which would be neces-
sary to sustain a conviction under any
one of the counts In the pending in
dictment would have been sufficient to
sustain a conviction under the indict-
ment No. 10. which was dismissed as
aforesaid, and from prosecution for the
offense and offenses therein charged
he has been forever discharged And
1t is further set forth that ne, the said
Charles Hall Davis. who now stands
indicted OF a felony in the said pending
indictment, and in each count thereof.
and the said Charles Hall Davis, so in
dicted and forever discharged from
prosecution as aforesaid. are one and
the same person, and not other and diff
ferent person"
In plea No. demurrer is made to
the whole indictment, setting forth the
same facts. but in different form.
commemorative Attorney r. H. Mann
moved to reject the pleas as insult
Client. and argued to show that the Of
lenses charged in the dismissed in
dictment and the pending one are not
the same. and that the same proof ia
not necessary to sustain conviction in
each.
On the side of the defense strong arr
guments were made by Colonel James
Mann and John L. Lee, upholding the
pleas. Many decisions were quoted as
directly applicable 10 the contention in
this case At o'clock the court took
recess until o'clock, when Mr.. Lee
addressed the court
At the conclusion OF the argument OF
-SN' s
Attorney r. Fl. Mann against the pleas
for the dismissal of indictment No. 10.
Judge Mullen announced that as the
case was one OF great Importance he
would take 1t under advisement and
render his decision at the September
term Of the court. The trial of Mr..
Davis for embezzlement set for to-
morrow, and his trial for alleged false
report to the Corporation Commission
set for July 81. were continued Til
September.
Whatever the decision OF the court
may be on the pleas in this special
case. 1t will not affect other pending
indictments against Davis and Bishop
alleging false entry and false report.
IN all. four grand juries have had the
Appomattox Trust Company cases un-
der consideration. and q total OF more
than nifty indictments have been re-
turned Many OF these have been not
pressed or dismissed.
Supposed Suicide.
Mary Jones, colored married wo-
man, disappeared from her home in
Prince George county a week ago last
Thursday, and nothing was afterwards
heard of her until last Saturday. when
her body was found in the Appomattox
River. 1t is not known whether she
met death in the river by accident or
by intent. but the supposition Is that
IL was a case OF suicide.
General News.
Children's Day exercises were held
Sunday morning at the High Street
Methodist Church and at the Halifax
Street Baptist Mission. The program
on each occasion was an interesting
one.
M. and Mrs, Primer. of Suffolk, and
a party of friends passed through the
city Sunday afternoon on their return
home after long and pleasant auto
mobile trip North.
Louise Miles, young colored woman.
attempted to alight from car at the
corner or washington and SycamQta
Streets last night, and fell. she
stepped off in the wrong way. and in
striking on her head was Knocked
sansnlnrc -