Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-19
COMMITTEE HAS DAY
OF ENDLESS WRANCL|NC
Powell Still Trying to Bring Out
Evidence Connected With Girls
mond DefaIcatiOn Case.
EsTIMoN is BARREL
Held That Prosecution Must Prove
That Chichester Had knowledge
OF Alleged "Whitewash" Before It
Can BE Used Against Him.

Cn.I
FREDERlCkSBCRG. VA, August Is.
-ihe attendance at the session OF tho
legislative committee investigating
Deiesate samuel =. Powelrs chargea
against Judge Il. II. l.. Chichester was
"ihalier this morning than on previous
uaSs Inc hrst witness was Charles D..
oster' an attorney formerly OF this
wy now located at IIopewell He
stated that he was appointed by Judge
H. T.. waller in Spotsylvania in 1904, as
attorney TO prosecute Clerk ]. p. H.
Crlsmond. who was short in his &C
counts. He was asked by Mr. Powell
20 tell what he knew about that case
Judge Embrcy objected and stated that
MS objection was based on the same
grounds as former objections, that
Judge Chichester had not been In any
way connected with the case, this al
legged defalcation OF j. p. II. Crismond
having occurred seven years before
Judge Chichester became Judge
EMDREY THINKS IT
NOT PROPER EVIDENCE
Asked By Chairman oliver IL he did
not think that If the last official act OF
Judge Waller was in n trial that was
rai!roaded through and resulted in a
"hitewash. as claimed by Mr. Powell.
and the subsequent appointment nv
Judge Chichester OF Judge Waller as
commemorative attorney, was proper
"'iochce TO be heard. Judge E.mbrey
stated that on Tuesday Z. H. DeJar-
nctte. or Orange, who was prosecuting
attorney In the case. was on the stand
ana MT. Powell failed TO ask hiyn any
questions about the case; that the
committee had no right TO consider
mat case until 1t was shown that
Judge Chichester was connected with IL.
Mr.. fttzhuSh said he would 20 further
ana say TO the committee that it could
not go back 10 tho trial and acouittal
OF j. 4. III. Crismond by the jury, unless
u couio be proven that Judge Chiches-
ter was connected with the case
Mr.. Powell continued to discuss the
SUBJECT Several questions were asked
ny Chairman Oliver and Mr. Stephcn-
son. or the committee. referring 10 the
so-called "whitew ash!nS' In the trial
Asked whether II had ever been called
10 tho attention of Judge Chichester.
MT. Powell said he could nat on tho
stand witness TO prove that Judge
chichester either knew or had the on
portunity TO know of the PROCEEDINGS
In the cnse. He referred TO tho in
vest!gation held in Alexandria in 1854
ot Judge Meade and the ruling in TINT
case He said the questions were asked
In order 70 prove the kind of LAWYER
and politician that Judge Waller. who
is an appointcc Of Judge Chichester "a
Mr.. Powell insisted that the evidence
be admitted. He said II the committee
intended 10 shut out the two members
OF the committee who were not law
yers. and the three who were lawyers
we're to adhere strictly 10 the rules Of
law as followed in the courts of Law
IL would not be Just to the two mem,
hers who were not lawyers. Chairman
oliver stated that the two who were
not lawyers had concurrcd in the ruling
decided upon and he hoped there would
ne no more argument against the rll-
ings OF the committee.
Judge Embrey stated that in this
endless wraneling reflections on the
character OF citizens OF the community
had been cast: that II 4 photograph of
the proceedings could be had. they
would rest their case on one point. the
selection OF Judge Waller as Common
wcaith's attorney; that no man with
ordinary knowledge would decide that
Judge Chichester had not selected the
Ter. He said il Mr.. Powell could show
anything rejecting on the character
Of Judge Chichester's appointees to
bring II out. but that there must be
an end TO innuendoes and insinuations
thrown OUT in statements concerning
the character OF Judge Chichester.
Chairman Oliver warned Judge Em :.
hrey rot TO indulge In language that
might offend the attorney on the other
side.
Mr.. Stephenson asked Judge Embrey
II he did not think it proper 70 admit
such evidence. and if ii could be shown
'ha' Judge Chichester had not been
connected with il TO throw it out
Judge Emhrey replied that il would
b. proper IL they believed Judge Chi
chester was connected with it. but it
"o".d not be proper to admit such evil
"oHGe and then for the prosecutors to
forget to connect it up. He insisted
mat argument on points already passed
upon should cease and the rulings OF
the committee be accepted or excepted
10 some OF the people of Spotsylvania.
ne said, had instilled into their minds
the idea that the people are supreme
but he stated that the peonle are NOT
supreme. They are supreme in tbeir
province, but when they elect men to
office they have no power to control
the acts OF these officers; that Virginia
does not have referendum and recall
and the acts OF the magistrates in ordi-
nary cases cannot be changed bv a
nass-meeting.
DEFENSE MUST SHOW
CONNECTION OF CHICHEsr,,u
The committee retired to consider the
question. returning In
Chairman Oliver announced that ~ NJ
Powell could show that Judge Chicbes.
ter knew OF the railroading through
OF the proceedings by Judge Waller the
question could be answered.; If Powell
could connect Judge Chichester with
knowledge OF the trial and that 1t wa
whitewash. then the answer could
10 given.
Mr.. Foster. resuming his testimonv