Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-04-13
DEAD MANS NAME
F AILS TO SECURE
HINES NEW TRIAL
Alleged Dcathbcd State.
mcnt of Jenkins as to
Murder Inadmissiblc.
JUDGE WELLS RULES
IT HEARSAY EVIDENCE
Lacks Legal Standing to Con-
meet Veteran With Kill
ing Of Policeman.
SENTENCE DEFERRED ro NAY 10
'""hs"i Tor Convicted slayer prrpnr-
Ing 4" rnkr Appeal to the
supreme Court.

In the face OF efforts Oh the part OF
".iensc counsel To provo tina, "A dead
war veteran had Killed ratrolrnan
Washington !. Curtis last August
Judge Ernest II. Wells. OF Hustiny,
Court Part II. Yesterday declined TO
ret aside the verde, OF the Jury
which convicted Walter X. iiinos o.,
tn" murder and then refused To
grant ucw trial on the grounds, o.
after discovered cvIdcucc. \, the re-
quest Of defense counsel. sentence Of
Hines was deferred uutn May 10.
High praise .or the jury which
convicted Hines Mas given by Judge
Wells. who stated that he would not
d!Aiurb verdict which was rem
hered bv the most careful. pain.-
taking and dciibcrativc jury" ;hn, he
had ever seen. He declared that tho
case was "A circumstant!al one from
the side OF the defense as well as
IN" Commonwealth. and that the two
"Idrs nttcd Into the groove nicely.
with the exception O, one hour. lie
SAID that the cvidcrc" -IearIy linked
Hines win The time, place. opDortu-
nifty and motive FOR the murder
oner s~rIcn Of Anidn,its.
Even the defense abandoned the
so-cal!ed confession by which blood
relatives sought 10 link the name Of
curtis jenkins wi,h the crime. II
was then stressed tina, jenkins had
made threats against the police. that
.rhe had lost n cap similar to that
found near the body of the slain o.
'icer, and affidavit was made that
Jenkins had delivered whisky to a
man In the Immediate nclghhorhood
of the crime on various occasions
Other ai'idavi's tina, Jenkins had car-
r!"d "a revolver nf tho callher used
hy the murderer were introduced also.
By ;he s"rlcs Of anida wits. IL was en-
deavorcd TO prove that Jenk.rs had
had The motive and oppurtunit; and
that he was connected up with the
scene by Inference
To every argument Of the defense
Judge wells had just one question.
Granting IT is true how can you
introduce the evidence"
To this inquiry, there was no an
sw'r. .tnd a, tn" end OF more than
-" 'rnrs Of argument. JddGc Wells
kan vrgcd the :! ,cnso to culightcr
him cr that one .ciut
>Hrci, Hrnr.n., judge says.
lli summing W his dccis >" Judge
Wells sad that /; the defenx. could
get some one TO testify ,hac they
saw Jenkins at ihc scene OF the
murder, then tho testimony In regard
TO the cap. revolver and other sus-
ric!ou" circumstances might be in
trcduccd at n new trial. but that in
was merely hearsay and. as such.
inadmissihlc. He said that the So
called confession was not admissible
and with 1t excluded. the other links
in the chain being forged ngains,
= Jenkins could not be connected up.
Failing to gain new trial. defense
counsel made motion to arres,
Judgment on the grounds OF alleged
ileeal!ties and Irregularities on the
.ace OF venire returns. To this
IudG" Wells ruled that the statutes
clearly defined that the defense must
take advantage of the issue before
the jury Is sworn. He then wanted
20 pronounce sentence on Hines. but
was requested to defer this until
Say 10. in order that the ATTORNEYS
!or the defense. who Will be abs,u,
from the city for several weeks. will
nave time To prepare the bill Of ex
Septions on which they Will apply
:"r writ of error to the Virginia
Supreme Court Of Appeals.
Members Of Family Accuscrs.
aiiidaV!ts were offered by the de-
tense to show that Jenkins was the
guilty man in the Curtis murder
Ihree members OF his family, Fred
Jenkins. Raymond Jenkins and Mrs.
Bessie Jenkins were the CHIEF ac
'users. although James Nunnally
told OF an alleged confess;o, 10 ht,,,
u"r'hs gambling and drinking
seaHIoh. me other anidavits were
continued on Page II, Col 81