The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-03-24

In the latter part of asst April.
Petitioner claimed that Mt the time
of his trial he was pretIdged ana
that the presence % some hundred or
more armed guardsnen. with police
power, for his protection against mob
violence almost amounted TO public
announcement that the petitioner was
a character more to be dreaded than
the late notorious Jesse James
Could Not Get Fair Trial
ITO say that your petitioner. tried
under such circun. stances and WIN
such surroundings. could not have
gotteF and did not get a fair and un-
prejudiced trial needs no argument.
stated the petition whichwas present
ed by n. p. Oglesby. of Bristol, APP
pointed By the Washington County
court to defend young Canter.
Counsel for the prisoner may now
seek to have the Commonwealth At
torney of Washington County move
to dismiss the case. as the opinion OF
the State court given yesterday sug-
gests in its closing words: and the
case remanded for new trial should
further prosecution of the accused be
deemed advisable"
Opinion BY Judge white
This writ of error" says Judge
white in hts opinion. brings under
review the 1uuEiti6Dt VI tii[ III Ns'i'
Court of Washington County. over
ruling the motion OF the prisoner,
James Canter. for new trial and
condemning him to death for the
murder of Maude Wilson, in accord
ance with the verdict Of the jury.
THE Attorney General and the AS
sistant Attorney General, with char
acteristic fairness. concede that the
evidence is insufficient to sustain the
convictions yet, they conceived it TO
he their duty to call tho courts at
tention to the fact that the evidence,
though copied in the record. was not
made part of it by proper bill. of ex-
ceptions. The bill of exceptions did
not comply with section 1885 OF the
code, as amended by the Acts of
March 81, 1914. as construed in the
cases of Battershali VS.. Roberts. 10T
Va. 269. l Va. App. t32. and Moore rs.
Harrison. TIA Va 1874 Va. App. 1853.
To consent TO extend the time. not
more than sixty days, within which TO
tender the bill of exceptions. although
given within thirty DAYS from the date
of the judgment. was not entered of
record during the same term. but at
subsequent term.
at was held in BattershaN VS.. Rob-
erts and Moore vs.. Harrison. supra.
that such consent. to he effective. must
be entered OF record at the term ut
which the judgment was rendered
and not thereafter
Recent Act Removes Barrier.
That objection. however, has
been removed. so far as concerns this
case by a recent amendment Of sec
ton 53so---see Acts 1915 p. The
amended act is retroactive in opera
ton and provides that such consent
may he entered either during the
term at which tho opinion or judg-
ment excepted to is rendered. Or dur
ing amy subsequent term eaess-
tion a
I'VE have carefully examined the
evidence and concur in the view ex-
pressed by the Attorney Gene ral and
his assistant that 1t is inadequate Ia
connect the prisoner with the crime
with that degree of certainty required
by the criminal la " Of this Common
wealth. The only direct testimony on
the subject. by AN witness. l. that
of Luther Canter tthe elder brother
OF James Canter). the self-coufessed
murderer OF Mrs. Wilson. who eNcul-
pated him from all completely with
the offense, and who himself has suf-
fered the extreme penalty of the law
for this atrocious murder. II is not
necessary 10 anaivze the evidence for
the Commonwealth, as remarked. II
Is not sufficient to justify q conyic-
ton.
THE judgment must, therefore. he
reversed, and the case remanded tor q
new trial should further prosecution
of the accused be deemed advisable.
Reversed.