The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-06-24
CLEMENTS SENT
TO GRAND JURY
Must Face Trial on Charge of
Assaulting Miss Fannie
T. Chenault.
MAGISTRATE SMITH DISSENTS
Identification Imperfect, and Evil
dence Not Sufficient to Hold
Negro, He Contends.

John Clements, the negro charged
with crininally assaulting Miss Fan
ME T. Chcnault on the night of May
9. was yesterday ordered held for tho
grand jury on July Is by Magistrate
II. s. Sunday, Of ienrico County.
Magistrate r. a. Smith dissentcd from
the opinion of his associate, but as
Magistrate Sunday was in charge of
the case. his decision stood.
The magistrates were divided on but
two points in the entire ease, and
these were Miss Chcnault's identiiica-
ton of Clements, after she had Drac-
tically identified the negro Riddick.
and the evidence brought out i'll court
relative to the wrench found on
Clements. Magistrate Sunday is said
TO have held that these incidents fur
nishcd sufficient grounds upon which
TO hold Clements for the grand jury.
Magistrate Smith regarded the idcnti-
ncation as incomplete. and the fact
that Clements was discovered to have
a wrench similar in but one or two
details to the affair Miss Chenault
claimed her assailant carried, as fur
nishing too mcagre evidence upon
which the negro might be placed on
trial for his life.
FACTS CHALLENGE HUMAN
BELIEF, SAYS POLLOCK
III was upon the iattcr point that
most OF the argument centred yestcr.
day. The attorneys had agreed that
they would limit their argument to the
legal function of the court in the case.
and Attorney Haskins HobSon, in open
ing the argument. said that two
matters presented themselves to the
court, namely. to determine if the crime
was committed as charged, and it the
person charged with its commission
was the probable person who COM
mitted ii. He said that, if in the minds
of the magistrates these things were
so. Clements should be sent to the
grand jury, no matter how slight the
evidence against him. lie made the
point that the trial court could not de-
clare the man innocent, even though
IL dismissed him. and that the Com
monwcalth's Attorney might secure an
indictment from the grand jury, which
would then issue a bench warrant for
his arrest.
Attorney Pollock declared that this
was not the law of the land. but that
Clements should be dismissed if there
was not brought out in the hearing
sufficient evidence which would lead
a conservative man to charge him with
the crime. lie continued by saving
that the magistrates should decide that
Il CRIME was committed, and that they
must determine that there was a
reasonable suspicion, based on the evil
licve Clements the guilty man. Are
there reasonable grounds to believe
INA. crime was committed. when the
tacts as brought out arc so false OH
thcir lace as to challenge human be-
llet! demanded the attorney
DIGGS OMITS WORDS
"WlrHOUT JUST CAUSE,
In reading q section relating TO the
powers and duties Of magistrates from
i SYNOPSIS of the Nirsin;. Code, At
torney T. G. Diggs asid a man should
he hcld III there was sufficient cause,
To believe him guilty. Attorneys Nav
ana Pollock instantly called the courts
attention to the fact that the word
Just had been omitted from the read
ing The court was Of the opinion
mat this had been done in spite OF
Attorney Diggs's declaration that he
would ask the court to dismiss tho
ease IF he had failed to use the word
nc later admitted that he had ne
greeted to make the phrase read, a
man should be held "if there was Just
ana suficient cause to believe him
guilty.. but failed to request the dis
missal OF the prisoner.
mere was no demonstration when
the decision of the magistrates was
announced. and Clements was led away
TO the Hcnrico County Jail, to await
trial on July 4. Miss Chenault APP
peared to he in her usual good spirits
during the last days hearing. and
frequently some little clash between
the attorneys or Il chance remark bv
one of them would bring smiles to her
face.
CHANGED WORDING TO