The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-22
MACkEY ASKED TO
EXPLAIN TOCOURT
He Is Alleged to Have Inter.
fered With an Immunity
Order.

Alexandria, Va, March 2l-Accord-
ing to Il ruling of the court, Common
wealths Attorney Crandal Mackey. OF
Alexandria county. may be required ID
explain TO Judss Barley. sitting on
the bench Of the State Circuit Court,
whether he meant to interfere with tho,
| Immunity from arrest for nisJcmcauor
of William +. Mccormick. an enlisted
man In tha army. brought from Teya $:
TO TESTIFY in suit before that court.
captain Warren Dean, OF the FIJI
secnth Cavalry. brought into court ycs-
tcrday by the sheriff under failure 10
| respond 10 the summons of Judge Bar
| ley, explained that he acted at the
request of the Commonwealth attor-
neS in sending squad to tn. court
mousse TO put Mccormick under military
arrest and bring him to For, Mycr, a
| plan which the court defeated
During the progress OF til /. civil suit
Judge Barley had been advised that il
was the purpose Of the county au;hori.
Ties TO arrest Mccormick on the charSe
OF pawninE a friends rinG From III.
bench he notified tn. prosecuting o,ti.
Gals that he did not propose 10 have
the witness cheated of his right to
| immunity. Defiance OF such mandate
! of the court might result in charges o,
contempt of court. The matter gu,s
| over until Monday.
Mccormick Former Conductor.
Mccormick was conductor of the
Great Falls and Old Dominion car
! which collided with an automobile
| June II. 1911, causing tho death o.
| Henry Mitchell and Fred Kitchen. IL
subsequently, enlisted in Tho army and
was serving hts term at Fcrt Bliss
| Texas
Suit was brought against the railway
company. McCormick's testimony was
| wanted. He was brought into the ju-
risdiction OF the court on order OF tic
| War Department.
AZ the time that Mccormick enlisted
II is alleged, he was wanted on The
charge of pawnins The ring. d INSIDE
fneanor, and thot q warrau, for his
arrest was issued but never served
Learning OF his presence in the tu.is.
diction. the authorities were expected
10 attempt service of the warrant as
soon as the witness was excused By the
! court
judge Barley announced that ne
would not have his witness .nt.rfereL
with. lie called attention 10 The i'm
munity extended 10 the witness under
the subpoena. giving him twenty four
hours to leave the jurisdiction after tn.
| expiration OF his service before the
(
That time on any charge less than a
| felony This occurred Monday last
Threntcus Arrest OF Corporal
only &c" hours after the court haG
so delivered Itself the squad from Fort
| Niger appeared at tho courthouse and
demanded custody OF Mccormick The
court interposed and threatened the
corporal in charga with arrest If he
/ attempted TO proceed
nc corporal explained That he was
acting under orders OF Captain Dean
and that he was to take McCnrInick 10
/ the post and hold him until the follow
| inS morning. Al tina, time the inmu.
/ NIFTY granted under I'll subpoena would
| expire and Mccormick would have
been liable to arrest for the alleged
! misdemeanor
! The detachment was sent back 10 tho
army post Judg> Barley took MeCor.
/ mick in his automobile and carried hin
to the railroad station. 50 thar ne could
leave the Jurisdiction unmolcs,ad
shifts Blame to Mnckcy.
captain Dean was in Washington
when Judge Barley sen, for him Ia
come into court and explain his pur-
pose in trying 10 put the witness I'm
der arrest Yesterday morning thu
court again summoned Captain Dean.
but the army officer ignored The court
| Then the sheriff was sent after him.
/ w HtIi captain lpcan came Into court
| Yesterday he explained that he Was
merely carrying out tne suggestion
made by the Commemorative ATTORNEY.
! lie was allowed TO return to his most
Common ealths Attorney Nlackcy
could not be located AT tho time The
court allowed tho matter To go over
until Monday. when the court will re-
/ convene.
Although commemorative ATTORNEY
Crandail Mackcy Tonight declined 10
discuss the case. saying that for the
present he had no statement to make.
~ Is understood that there may be in
terestinG Developments Monday when
the matter Is brought up By Judg,.
I Harley II have nothing to say regard :.
ing the matter. Mr.. Macisey sa id, when
asked for a reply TO til. statement OF
CAPTAIN Dean that he (Mackcy) had
told Captain Dean tina. the military
authorities could arrest the witness AM
mold him for the civil authorities
The matter has interested a number
of lawyers here and they say that un :
der tho Virginia Law witness may al.
! ways he arrested for a crime previous
! ly commttcd that il this were not thu
case. many persons who violate the
law would escape by n tcchnicality.
r. II. McG.