Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-29
NO CHANGE IN VENUE
IN CUMBERLAND CASES
Judge Hundley Ovcrrulcs Motion, Jury
Is Secured, and Trial
Proceeds.

Proceeds.
| CUMBERLAND COURTHOUSE, VA.
| April 2S - K. O. Garrett. deputy
| clerk Of Cumberland County. and his
brother. l.. c. Garrett. are on trial here
In the Cumberland County Circuit
Court. Judge iiundley presiding. on the
| charge of assaulting. with intent to
main. disnSure and disable Donald
McRae.
The case against the Garrett broth
ers is tho outErowth OF trouble between
! them and Charles Corson, Corson's
younger brother. and McRae. which,
during the latter part OF July, ended
In two pitched battles. in the first of
which McRae was beaten, and in tho
second Of which Charles Corson was
| shot.
! Judge Hundley to-day refused to
grant n change OF venue. asked by tho
Commonwealth, and also refused to call
jury from another county. pleas for
which were made when the case was
called yesterday. The Commonwealth
! is being represented by Common
wealth's Attorney w. NJ. Smith and
; Lindsay Gordon. of Louisa. while tho
IL
henourg and William NJ. Justls. Jr., OF
Richmond. and w. Lancaster, OF Cum
berland Mr.. Wendenburg was detained
In Richmond yesterday, but arrived
here this afternoon.
The Commonwealth asked for n jury
from another county, on the ground
that 1T would be impossible to secure
In Cumberland County twelve citizens
who would not be influenced by tho
feeling prevailing and factional differ
cnccs aroused by the shooting of Cor
| son. The court overrulcd this motion
temporarily. pending the taking OF tes-
| timony, as to the feeling existing In
the county on the motion for a change
OF venue. On this motion the Common
wealth offered several afidavits and
| tho testimony of six or seven wit
nesses, all purporting to show that the
sentiment throughout tho county was
| such that jury could not he secured
which would be impartial The defense
| offered IA afiidavits and the testimony
or fourteen witnesses to prove that a
| fair and impartial trial could be given
in Cumberland County.
| Soon after the converting OF court
this morning Judge Hundley announced
that he would give the accused the
benefit OF their constitutional right to
| trial by jury of their vicinage; that
he would give the defendants the bene-
| mt OF the doubt, and IL he found that
an Impartial jury could not be secured
In Cumberland County then the case
would be tried in another county.
AT 2:45 o'clock this afternoon a jury
had been secured and recess was
taken to await the arrival of Mr.. Wen
denburg
Judge Hundley announced that be-
cause OF apprehension on the part OF
| county officers and wives Of some OF
the Jurors that there would be disturb
ances, he had caused number OF men
to be summoned to be sworn in as
deputies He stated. however, that
these approximations were not enter
tanned by the court, he having perfect
trust in the people of Cumberland
County, and while he had acceded to
the request of the county officers in
having deputies summoned he would
retain only four. The remainder OF
them were discharged.
All other criminal matters before the
court. and the docket is n heavy one
have been put over to the next term OF
court as 1t is expected that the Garrett
cases will take up all of the available
time of the present term.