The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-15
LEO KIDD TO Be
TRIED TOMORROW
Case Called for Yesterday Con-
tinued Upon Prayer of Counsel
for Defense.
SEVEN WITNESSES ABSENT
Affidavit Is Offered Alleging
That These Possess Material
Evidence for Defendant.

Upon plea Of counsel for the defense.
Judge r. Carter Scott. OF the Henrico
County Circuit Court. yesterday grant
ed continuance until tomorrow OF
the case against Leo Kidd, charged
with capital offenses against Grace
Williams and Lenora Austen. The
. Commonwealth's witnesses. thirty
three in number. were ready and
waiting. but a number of the witnesses
for the defense were absent.
The postponement followed the in
PRODUCTION by Attorney L o. Wenden.
burg. for Leo Kidd. of an ahidavtt set
ting forth that at least seven witnesses
were absent from the court room whose
evidence would tend to contradict that
OF the chief witnesses for the prosecu-
tion "in a most material matter"
Commonwealth Attorney Frank T.
Sutton, Jr.. and Haskins Hobson, VINO
Is assisting him. asked that the court
inquire into the maseriality of the ev!-
dence referred to in the affidavit be-
fore taking action on the prayer for
continuance. Judge Scott took the
view that nothing had been introduced
by the Commonwealth to warrant
such an investigation at this time. and
granted a postponement until We'd
nesday on the face OF the petition
Many witnesses Summoned.
Between forty and fifty witnesses re-
ported yesterday morning at 10 o'clock
prepared to give testimony in the case.
OF this number approximately twenty
were present for the defense. The
hitch occurred when deputies reported
to the court that they had been unable
so far to locate Eaton Powell. Henry
c. Sutton. J. J. Anthony. Walter Bay
liss, John Nance and Mason Pace. al,
Of them summoned by the defense
William Heppert, 1t was reported. was
too ill to come.
The report of the officers sent %
round the men up indicated that a
general scattering had taken place
following the news that they were IN
danger OF being summoned. One Is
said to have departed for Cleveland.
O.. to visit relatives. and another LETT
Tor Albemarle County to buy apples
At one or two addresses the omcers
were met by the statement that the
men no longer lived there. although the
City directory carried contradictory
Information. J. J. Anthony. witness
in both this case and the one against
Arthur Herman Anthony, on a similar
charge, had left the city without leav-
ing mis- address. Attorney Gilbert Pol
lock. however, stated that Anthony Is
due back IN the city October II TO keep
an important business engagement
Thinks Defense Delayed.
Commonwealth Attorney sutton d..
rec.ted attention to the fact that the
defense delayed until last Thursday
the summoning OF Its witnesses. when
it knew as early as Monday that the
case would be tried yesterday. II was
a circumstance, he thought. which
should be taken into account in pass
ing upon the request for a oontinu-
ance.
The very nature Of the case, he ar
xued. made II extremely probable that
much Of the evidence that will be IN
PRODUCED by the defense will not De
admitted by the court. In the hsht OK
this fact, he thought. the court might
with propriety inquire both into the
materially and admtssibihty OF the
evidence referred to in the amdaT1t
before taking action, by a questioning
OF the defendant.
Attorney Haskins Hobson- for the
prosecution. supported this view Win
a onotation from a court decision IN
an analogous case advising SUCH pro-
cedure Judge Scott was unwilling 70
n,oceed with the trial until the defenSe
was given one more chance to secure
the missing witnesses. and declared a
continuance until 10 o'clock tomorrow
morning. The jury was dismissed untli
that time. and all witnesses ooAoeo iof
their appearance.