Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-24

, washing" proceedings in the trial
Judge Embrey said no was witness
| for the Commonwealth. did not receive
retainer in tho case. nor was no OF
Tered one. report that he was Of
fercd 800 to stay out OF the case. was
lie. and that applied to the person
who started or circulated such a report.
He was asked II II was on condition.
when he asked for the appointment OF
y. III. Crismond. that Crismonds father
should stay out Of the Office. This
question was objected to by Mr.. Fitz-
hugh. who said 1t could not possibly
affect this case whether anyone was
excluded from tho office not. Judge
Embrcy said his Endorsement Of Arthur
Crismond was unconditional; that no
! told Arthur he thought 1t best to have
his father stay away from the Office.
to allay any ill-feeling. unless he had
| personal business there.
Asked II he did not join in n request
| for the removal of John NJ. Holiday
| and the appointment of Lee J. Graves.
Judge Embrcy read the petition which
! he signed asking for the appointment
| of Graves instead of HOLIDAY. He did
not think the city or county should say
as to the commissioners in chanccry,
SO long as the litigants and the bar
were accommodated and the business
properly conducted. He said that he
was SOilC!tcp 10 !NOOrSe IOwcIlS APP
| plication and a number of others which
| he mentioned.
Powell asked the witness if he had
| any information on the case OF Burke
We. Overton. Judge Embrey said he
knew Mr. Powell did AS he did in this
case. protracted IL beyond any reason
/ able time. Mr.. Fitzhugh objected 10
| this line of questioning, and said that
| IL ii continued. the investigation would
not be ended by Christmas. The com
mittee stated that II was not proper
| TO introduce the papers in the case
ut this time. Asked as to other cases
| on which to base his opinion as to
| Powelrs qualifications. Judge Embrey
reviewed a case in King George Coun-
| y and said at one time Judge Wright
! threatened TO send Powell to jail for
his conduct of Il case. Judge J'mbiey
VS.. voolfolk. Powell was summoned
before the Court of Appeals Cor con-
tempt Judge Embrcy said ne In
| dorsed Judge Chichester for appoint
| ment by Governor Mann. Asked # he
| and s. Z. Powell ever voted the same
way. the judge said he did not know
| how Powell voted. but that he voted
for the Democratic nominee when
there was one The first intima,ion
| he had OF Judge Walters application
| for Commemorative attorney was
from l.. NJ Smith. chairman of the
, LcHlOcEdllC party OF SpotSSlN3nlI
| County. He said he believed all Of
the bar. except three or four. Endorsed
| Judge Waller.
The witness did not prepare the first
answer to the charges made by Powell.
but he and Mr.. Fitzhugh conferred
together in regard to the second an
| swer. He said he did not hail with
delight, AS intimated by Powell. the
| opportunity TO besmirch Powells char
! acter.
Judge Embrev said he was not in
| huenccd by any ring" in this case;
that he knew of no meeting held TO
try 10 get rid OF Powell.
ASKED AS TO INFLUENCE
WITH JUDGE CHICHESTER
| Mr.. Powell asked Judge Embrey II
he did not think he had considcra BILE
influence with Judge Chichester when
! he made appointments. Judge Enbrey
| said the only time he tried to Influence
Judge Chichester was in the applica-
ton of Crismond for clerk and by sign
ing Judge Walters petition. He said
he was not a volunteer TO defend Judge
Chichester in this case. but that he
was retained to be associated with
Mr.. Fitzhurh. He had known Judge
Judge Embrcy said he was not
close political friend of Judge Chi
| chester; that neither he nor Judge Chi
chester were in politics.
| Questioned by Mr.. Fitzhugh. Judge
Embrey' said he saw Judge Waller at
the time OF T. s Colemans death
and he seemed to be in good health
lie never was a robust man. He had
seen Judge Walters name as p d."
and "p. O. on records in the clerks
ONCE He could not recall seeing him
/ conduct n case In court since he left
the bench, until he was appointed
Comronw.alth's attorney. This COM
pleted Judge Embrey's testimony.
j. H Biscoe, of Spotsyivania County
having arrived. Mr.. Powell asked that
he be sworn. MIR. Biscoe said he was
a notary public: member of the
Spotsylvania road board: Democrat
and known an "antimachine man"
He said he was one who applied for
appointment as clerk after the death
OF 7. \. Harris. Fourteen members OF
the County Democratic Committee in
dorsed his application. He would not
| have applied for the office, he said,
unless he thought he was capable Of
filling il. lie said he was county sur
| reyor and did not know who indors ed
him for road commissioner, but Judge
Chichester appointed him. Questioned
by Judge E.mbrey, Mr.. Biscoe said
that Judge Chichester had never tried
to influence him In politics. He never
saw Judge Chichester in political
meeting. In reply TO a question OF
Mr.. Oliver, he said the board of which
he was n member, disbursed ;he hoad
issue In two districts OF Spotsylvania
County.