Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-07-13
.C0hSU[Ts AUTHORITIES
As TO CUSTER LAW CASES
Judge Richardson Undecided as to
Constitutionality OF
$780,. Custer Law.
PosTPoNEs HIS DECISION on 1T
VIII Hand Down Opinion on Points
- Raised by Counsel for Accused Pc.
ltcemen on Wednesday Morning.
Lcnahan'S Counsel Wants Facts.

Not having reached final conclu-
sion in regard to the constitutions
aiity OF the custer act and to the iuris.
diction OF the Hastings Court in the
matter. Judge n. e. Richardson said
Yesterday that he hoped to lie able to
hand down his opinion ~. 10 O'Clock
next Wednesday morning.
The custer rules which had been Is
sued against Chief OF Police c. \.
Sherry, Captain George l.. Pollock. Dc
tective J.. G. Beitucci ard Patcol,ran
G. a. Strain wcrc rcturrable "cs;er-
day morning. With tho exception or
Strain, all OF the accused policemen
were present III cour; when their names
were called. There were a large Num-
Der OF Interested people present in thu
courtroom yesterday, cNpcciant OF
hearing the decision III regard 20 the
point raised by the defense as to :hc
unconstitutionality Of the custer law
Judge Richardson said:
II had hoped to determine these
questions to-day. but have not We,
been able TO reach n conclusion. This
Is the flrst tire IN this court aud. as
far as l know. in this Commonwealth
that the custer Jaw. involving police
officers, has been involved. The cues.
of investigation. especially as 10 lhe
eonstitutionality of the at.
APPEAL WILL LIE
FOR EITHER PARTY
II want to DO what Is legal. and
am glad to say that an appeal Will
lie for either party. The scope OF tn.
inquiry hroadens by inquiry. and |
have not been able to examine some
authorities. I arr. therefore. conpell-
ed" he continued. addressing counsel
for the defendants and Commonwea lth.
ito ask your indulgence. especially to
the parties for speedy determination
OF these cases ] believe that by We'd
nesday next I will be ready to decid,
this matter, and therefore continue
all cases until Wednesday next at 10
o'clock"
Much comment was caused ycster-
day by the absence OF Ben Jacobs.
star witness for the Commonwealth in
the recent investigation by the grand
jury relative 10 the police scandal.
when his case was called for trial.
Jacobs Us accused Of transporting and
selling ardent spirits. When Jacobs
failed to respond to his name. Attor-
ney benjamin I.ovcnstcin. counsel for
Jacobs had been granted y tcn-davs
leave from the city by the court, but
that he had been delayed IN returning
by an automobile accident in Ralti-
more. Mr.. Lovcnstc,n suggested that
the case be continued and that he was
sure that Jacobs would put in his APP
pearance before the court adjourned.
Commemorative Attorney Wise con-
Sented a this arrapremCDt The grand
Jury, in IT'S report. asked immunity for
Jacobs In regard 10 this ofIense. which
is said to have been committed almost
a year ago. Later In the day, Ben
Jacobs arrived in Richmond and ap-
peared at once before Judge Richard
son. who postponed his case until
July 80.
WANTS Particulars OF
LENAHAN CHARGES
Attorney l.. O. Wenderburs. c"un-
sci for T. j. Lcnahan. indicted hv the
grand jury for violating the pr kih-
ton law, informed the court Yesterday
that he would expect the Common
wealth's Attorney to file a bill OF :ar-
ticulars in regard TO the case. He said
that the two indictments were lack
ing In details ans. tha.. act the direc-
ton OF the court --ir Wise had pre-
pared hill OF particulars.
However. Nj. Wcnd"nburg objected
to this saying that the hill OF par
ticulars was almost devoid OF speci-
hcations Judge Richardson said that
he would take no action in the mat-
ter until the case is called next week.
but suggested that Mr. Wise take no"
tica ~ the positi IN OF the defense