Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-09-15
FINES LESS THAN
LAWS MINIMUM
State Accountant Smyth Files
Report on Records of Hope
we'll Magistrates.
PORTER TRIAL Is RESUMED
Former Police Lieutenant Is
Charged With Paying Bribe
Money to Officers.
PORTER TRIAL Is RESUMED

That certain magistrates of Prince
George County trying cases in Police
Court At Hopewell during the past six
months have been guilty OF irrcgulari-
ties is disclosed in the report OF State
Accountant w. Frank Smyth filed YES
terday with state Auditor c. Lee Moore.
The principal evidence OF failure on tho
part of the magistrates TO comply with
the law Is evidenced by the imposition
Of fines less than the minimum fixed
by the statute for the offcnscs of which
accused men were charged. The State
Accountant did not uncarth any evil
dence of dcfa lcation.
WILL. FORWARD COPY OF
REPORT TO JUDGE WEST
The Auditor will forward copy OF
the report to Judge Jesse F. West, of
the Circuit Court Of Prince George
County, for such action the latter
may deem necessary in the prem!ees
A copy will also be filed with Cover
nor stuart for his information in con-
nection with the investigation OF law
lcssness at Hopcwcll. Aside from the
interest of the State in the amount of
fines assessed and collected by magis-
tratcs, the Governor has no jurisdic-
tion over the official conduct of JUS
tees courts. The Circuit Court of the
county in which the magistrates serve
has sole control OF the county officials
but the Auditor is charged with The
duty of collecting fines due the State
Literary Fund.
GREEK REPORTS FINE
NOT SHOWN on RECORD
The magistrates who have been hold
ing police court at Hopewcl since the
Du Pont Powder Plant assumed OK
tensivc proportions at that place are
Pulliam. Brittcn, Rogers and Arnistead
Magistrate Armistead was selected TO
hold the preliminary hearings In the
graft Investigations following the re-
moval OF the police force by Judge
West on August 3. Pulliam is under
indictment for offering bribes 10 Of
ficers. Lawrence Perry was appointed
special magistrate for Iorewell a-
Judge West recently.
At Prince George Courthouse ycster-
day creek storekecper, who was trit d
in Police Court At Hopewell on July
l. for selling beer. reported to officers
that he had paid magistrate a fine
of ssh and had been released He as
serted ,ha, he had made no sales since
that date. but the grand jury had in
dicted him because he held a Federal
Internal Revenue license Following
his complaint an investigation by Of
ficers showed that record could he
found OF the magistrate having turned
over the fine to the county clerk
GRAND JURY RESUMES ITS
INQUIRY INTO CONDITIONS
The grand jury resumed its investi-
cation of conditions at Hopewell yes
- a iy,r, ~.
body no additional charge but num-
and the indications were that there
may be sensational developments when
II reconvenes Thursday morning
When jury had been impanneled
and sworn for the second trial OF for
mer Police Lieutenant John y. Porter,
OF Hopewell, charged with bribery,
Judge West told the members Of the
panel that they would be in the Gus
tody Of the sheriff and his deputies
The Judge stated that the court did
not want any more Jurors TO attend
banquets at Hopcwcll." He referred
to the conduct of E. \. Lucas. a juror
in Portcr's first trial, who was sent to
jail for contempt of court in connection
with drinking bout at Hopewell dur
ing the course of the hearing The
jury was not under guard during in
termissions a that time.
PORTER's DEFENSE OBJECTS TO
REMiRi<S MADE BY COURT
United States District Attorney Rich
ard II. Mann, who, with r. T Wilson,
OF Petersburg, is conducting Porter's de-
fense interposed an objection to the
courts remark Judge West replied
that he could not sec where the pris
was no evidence that he had had any
connection with Lucas's cscapade
Attorneys for Porter, before the iury
was drawn, laid the ground for an ap-
peal to the Supreme Court growing. out
of the abrupt manner in which the arst
trial CT the accused was brought to
an end Is a result of the escapade Of
Juror Lucas. Mr.. Mann offered 4 plea
OF discharge" In which 1t was recited
that Porter had been once put in
Jeopardy for the same offense on which
the Commonwealth now proposed to try
him. He insisted that the record he
corrected to show that Porter objected
to the order of the court. declaring n
mistrial in the case on August IS. when
Judge West learned of the jurors visit
to Hopewell in company with others
indicted in connection with the bribery
investiga ton.
EXPECTS TO PROVE THAT
PORTER PAID DRInE MONEY
Judge West granted Mr.. Mann's mo-
ton. but went further and made the
record show the Jurors offense and
the reasons for the courts summary
n ction at that time. Special Prosecu-
tor George T. Wise and Common
wealths Attorney Timothy Rives made
formal objection to the plea OF dis
charge"
After the jury had been mpanneled,
Mr.. Wise. for the prosecution. and Mr..
Mann, for the defense. made opening
statements. The prosecutor contentcd
himself with merely reading the in
dictment and stating that the Common
wealth expected to prove that Porter
had not only given o. NJ. Reeves, su-