The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-11-13
Judge Southall Reserves
Decision After Four
Hour Argument.
CASE RAISES MANY
NEW LEGAL POINTS
Charge Against Institution to Be
Heard Before That Against In
dividual Trustces-Attorneys
for Home Demur to In
dictrnent as Insuffi-
cient in Law.

Attorneys for and against the Vir-
ginia Home and Industrial School for
Girls battled all day yesterday before
Judge Robert @. Southall in the Ches-
terfeld Circuit Court at Chester
terrified Courthouse. Point after point
was raised by the defense III efforts in
quash the Indictment. After hear
more than four hours. court ad-
journed for the day. Judge Southall
announcing that ne would render his
decision on disputed points when
court convenes this morning.
First blood Ia the legal contest be-
tween the six lawyers retained in the
case WAS drawn by the Commonwealth.
when Judge Southall overruled mo-
ton TO quash the indictment On the
grounds that the preliminary proce :
dure was irregular and contrary to the
statutes. Immediately Il demurrer to
tho indictment as a whole and to each
of the four counts was entered by tho
defense. This was argued until late
In the day, when Judge Southall an
nounced that he would take the Ques-
ton under Amusement. Jurymen and
witnesses were recognized for their
appearance this morning at 10 O'Clock.
May Come to Abrupt End.
Should Judge Southall sustain the
demurrer 10 the whole indictment. it
would mean that the case would
come to an abrupt end, while TIE
striking out Of one or more counts
might greatly weaken the prosecution.
If he rules against the demurrer TIL.
jury will be drawn from a venire OF
sixteen Chesterfield citizens and .vi-
dence in the case VIII then begin.
From the number of witnesses sum
ncned by the prosecution and the de-
tcrnined hght for every point that
Is being made by counsel for the de-
Tense. II Is probable that the trial will
last for several days.
When the court convened at 11:2o
o'clock, the little courtroom was
crowded to capacity. many Of the spec
tators being Interested parties. either
as witnesses or residents OF Bon Air.
Six lawyers occupied seats facing
Judge Southall. Representing the
board OF directors OF the institution
were II NJ. Smith, Jr.. and Hill Carter.
while c. w. 'Throckmorton appeared as
the personal representative OF Rev.
IL D. c. Maclachlan. one OF tho in
dicted trustees Commemorative At
torney Haskina Hobson. of Chesterfield
County. was present for the prosecu :
ton. and was assisted by Richard
Evelyn Bvfd and William Marshall
Justis. retained by the Bon Air Citi-
zens' Association, complainanys against
the home.
Case Against Home First.
Hill Carter. for the defense, desired
10 know whether the case against the
Virginia Home and Industria School
sance. or against Robert Lecky. Jr.
Samuel 2. Waddill, Rev. George w.
Mcdaniel and Rev. II. y. G. Maclach-
Ian. indicted trustees charged with
maintaining : common nuisance. would
be taken pfrst, or whether the Com
monwealth desired 20 take them up
Jointly. Mr.. Hobson, after q brief con-
sultation with his two assistants, an
nounced that the indictment against
the home be taken up first.
IF the ultimate result. the abate-
ment OF this nuisance. can DO accom-
plished, we have no reason for proceed
| ing against the four officers he stated
when notifying counsel for the defense
| that he elected to go into the trial OF
the home first This was taken TO
mean that In case OF conviction.
which would result in the removal OF
the institution from fits present loca-
tion. the Indictment against the trus-
tees would be nolle prosecuted
The grounds urged for the squashine
OF the Indictment was on the technical
points of procedure the defense plead
ing its inability to distinguish whethe er
the Indictment was under the common
law or was statutory. The method OF
filing the original petition was also
attacked as faulty
Judge Oyerruics Motion.
In answer TO these arguments. Mr.
Justis offered authorities 10 show that
the petition was, in fact, unnecessary
1t being pcrenptory remedy OF cti-
zens il court failed to take cogni-
. zance OF nuisance. and was not re-
: quired atoall, the court merely exer-
nj fI,f
sessei in calling the grand jury at a
special term to make a probe of al
legeI conditions 1T the home. Judge
Sonthall overrnIed the motion, and an
exception was Lotcd.
The indictment. as 4 whole. was then
attacked NJ. Carter again bearing the
brunt Of the fray. Judge Southall de-
clded. after argument. that he had
jurisdiction over the case, and put al
end to legal contest over the differ
enco between presentment and ar
indictment by stating that any matter
| presentablo was therefore indictable
| and announced to tho defense that the
prosecution would be for q common
law nuisance. the procedure to he con-
troiled by the acts set up III the inS
dictment, but that the common law
definition of nuisance would prevail
MIR. Carter contendea that the in.
dlctment failed to allege that the i'm
| proper behavior of the inmates of the
homo occurred elsewhere than In Its
| own private grounds: that the public
had no special interest, which must
be alleged and proved; that tho charges
were not specific enough. and that the
language and conduct of the girls
should be quoted In order to put the
defense on notice what to expect.
1t was further urged by Mr.. Carte,
that chartered body was not sub
4 nd l.nt ck,tt ,t.a 10
be brought for any injuries done by II
lie described tho Indictment as un-
heard of and undisccrnible. and as
llontinued on Thlrd PaRaA