Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-09-23
HUNDLEY TO CITE
RICHMOND EDITOR
Circuit Court Judge Will Bring
Contempt Charge Against DR..
Douglas S. Freeman.
GOVERNOR STUART A WITNESS
Grows Out of Trial of Seventeen
.Year-Old Negro Without
Jury or Counsel.
GOVERNOR STUART A WITNESS

Charges of contempt of court will be
brought against DR.. Douglas S. Free
man. editor of the News Leader; Will
liam A. Lancaster, a Farmville attor-
ney. and John Mitchell, Jr., colored.
editor and owner of the Richmond
Planet, at n special term of the Circuit
Court of Charlotte County. which will
be convened Wednesday morning by
Judge George J. Hundley, of Farmville.
This action is an aftermath of the re-
cent controversy which arose over the
murder trial Of Aubrey Barrett, the
seventeen-year-old negro boy under
death sentence for his completely in
tho killing OF W. T. Roach, of Char
lotte County.
Wide interest was manifest last night
In the trial OF the three men. when It
became known that among the wit
nesses who will be called to Charlotte
Courthouse to testify in the case is
Governor Henry c. Stuart. He Is ex-
p@cted TO testify as TO what passed
between him ani Judge Hundley and
between himself and Sheriff Priddy. of
Charlotte County. before the trial OF
the boy, while there were threats of
mob violence. 1t is probable. however,
that the Governor may be allowed ITO
submit afiidavits covering his testi-
mony.
WANTS TO SETTLE QUESTION
AS TO ATTACKS ON COURTS
Judge Hundley who is in his eight
ieth year, last night declined at his
home in Farmville 10 discuss the mat
ter with corresponds Mt OF The Times
Dispatch. He said that while he mad
a great respect for the press. especially
those papers that had treated him
fairly, he had determined now to have
the question settled, IL possible. as to
how far the license of a reckless news
paper extends in defaming the courts
and their Judges
News OF Judge Hundleys determina-
,ion TO cite the three men for con-
tempt because OF their comments in
connection with the trial Of the negro
boy. over which Judge Hunlley pro.
sided. became public yesterday when
Mr. Lancaster was approached in
FarmviIle by former Judge Asa D.
Watkins. acting Commemorative at
torney, who inquired whether or not
he and DR.. Freeman would appear in
the court without the issuance of a
formal rule.
kins. II was said. because it would be
necessary for Judge Hundley to return
TO Charlotte County before he could
issue the rule, since the law REQUIRES
that such an order shall only be en-
tered in the district In which the Of
tense was committed. Had they ac-
cepted the informal service. DR.. Free
man and Mr.. Lancaster would have
10
Charlotte Courthouse. Their refusal
now makes it necessary for Judge
Hundley to return to Charlotte County.
1t is probable that tho rules will not
be issued until Wednesday at the open
ing OF the special term of the court
and the men directed to appear for
trial at once
SPECIAL TERM OF COURT
CALLED FOR WEDNESDAY
That Judge Hundley has had the
matter under consideration for some
time. however. was evident in View Of
recent Developments. Early in the
week. Governor Stuart designated
Judge r. Carter Scott. of Richmond
to hold the regular term of the Circuit
Court of Cumberland County. which
convenes Tuesday. because Judge
Hundlcy was otherwise engaged. The
trial of these charges are tho only
matters. SO far as could be learned
last night. that will be considered at
the special term of the court
The proceedings are said to have re-
suited from the editorial comment of
Dr.. Freeman and John Mitchell in the
controversy that followed the trial of
the boy and his father. who was exc
cuted on August so for his part in
the murder. AIr. Lancaster. who was
counsel for the elder Barrett and who
retired from the case Of the boy, con-
tributed several communications to the
newspapers in the controversy, which
grew exceedingly warm near its close
1t was made clear last night that
both DIR. Freeman and Mr.. Lancaster
would warmly contest tha charges. be-
lieving that their criticism was legal
and proper. In event that they are
convicted of the charges in the Cir
cult Court of Charlotte County. II
was stated, the cases will be nppealed
to the Supreme Court of Appeals, and
If necessary. to the United States Cir
cult Court Of Appeals.
WILL INSIST ON THE
ISSUANCE OF WRIT
Immediately after Mr.. Lancaster was
approached yesterday by the Common
wealth's attorney, he conferred over
the long distance telephone with At
torncy Harry NJ. Smith, Jr, in this city,
asking his advice in the matter He
later talked with DIR. Freeman. and
they both determined to insist upon
the issuance of a formal rule in full
observance of the law. Neither will
accept service untp the rule for con-
tempt Is formally issued.
It was explained last night that
neither DR.. Freeman nor Mr.. Lancaster
was aware of the character of the
charges brought against them The
controversy continued over period of
about week, it was said, during which
DIR. Freeman wrote several editorials
and Mr.. Lancaster issued several state
ments. They have not been advised
what were the passages In these ut
Continued on Page Four.5
Acknowledgment is made by tho Kline Ker
Company that oil models advance Sl00 In
price Oct LIST. Order yours to-day. Save