Evening star., 1923-07-26


All Of Prosecutor Bonifants
charges are denied. Sheriff King
Adams. in his affidavit. saying in
part: Il Indignantly deny that I have
been actively engaged in the de-
fense of the CARROTS and in intimid-
ating and endeayoring TO terrorize
all of those who demand fair and
impartial trial"
The other affidavits are signed by
| Cary NJ. Smith. county treasurer; a.
Il. Armstrong, commissioner in
chancery for the drawing of. juries
r. l.. Agee. supervisor of Cumber-
land county; NJ. u. Blanton. justice
of the peace. Randolph district; H.
| $. Holman, jury commissioner: +. w.
! Rhodes. supervisor; w. j. Thurston,
justice of the peace. and +. +. Flem-
| ing, school trustee.
Denials OF sherfn.
Sheriff King further says in his af-
| fdavit: 81 deny that / or any of my
| deputies have done anything as a
menace to an impartial trial In the
Garrett cases: l deny that l notified a
certain citizen of this county that he
was fool for expressing his opinion
against the Carrots. / did tell a citi-
Zen that he was fool for expressing
an opinion in the case until he had
heard both Sides
| A. b. Armstrong. commissioner In
/! chancery for the drawing of juries,
| denied the influence ,'of the Garrett
| brothers. or of any one else in the ap-
! pointment of Jurors, adding: In maxi
! ing out the list of Jurors. ! did every
thing required by law. have made
out the list of Jurors with my CO.
commissioner from the qualified
complied in every respect with all
| the provisions and requirements of
| the law and / honestly believed that
1 was qualified under the law to act
Ioh tee IL
| ffuenced or controlled by any one. nor
| did any one attempt to so do. and had
there been any such attempt, / would
| have resented 1t"
| The other affidavits are in the same
tenor and are made to prevent a
change Of venue. -,
Deciding Change of Venue. =
| The first question before the court
was whether or not the prosecution
is entitled to a change in venue and
on this point there is wide division.
Affidavits were presented the court
| containing the contentious of both
| sides as to the possibility of securing z
a fair trial in the county where the
| crime was committed.
| The whole crux of the disagreement,
which Judge White will have to de-
eide appears to be difference in in
terpreting the word "vincinage." The
state constitution and all laws guar
| antee accused persons the right of
AN impartial trial by q jury of his
vicinage." 1t has frequently been
held by the court that "vicinage"
means county 1t Is on such opin-
Ions that the defense bases its oppo-
| sition TO a change in venue. but the
| prosecution points out that the con-
stitution clearly calls for an impartial
trial and claims that the constitution
| never intended that a prisoner should
go free because Of inability to get an
! impartial trial in his county.
Literally interpreted, the prosecu-
| ton contended before Judge white
today. "vicinage" means place of rest
dence; and thus Chesterfield county
terfield for a crime committed in. saw.
| Grayson county.
Pierce Relatives Arrive,
| Levi Pierce and brothers of Mrs.
Pierce and Mrs Pierce's GRANDMOTHER.
arrived from Farmville at 1880 o'clock
this morning. They are staying at
any connection with the case. Rich
ard Evelyn Byrd, who. with Milton
P. Bonifant and George B. White. is
prosecuting the CARROTS, held a con-
ference with the Pierce's in their
| o'clock. Besides the widow Pierce.
| there are seven children: Lillian. the
baby; Sylvester, IS; Willard, Is:
Glenn, IL; Mary. 10; Bertha, 6. and
Mrs. Pierce, a plain woman of about
! forty, who speaks with a distinct
! drawl, was reluctant to discuss the
| case, but posed for a photograph a
| few feet from the spot where her hus-
| band was slain.
| y conference was held last night in
| the Garrett Hotel, where they are
| stopping. by the Garrett brothers and
| the defense attorneys, Harry M.
Smith, jr.; Louis o. Wendenburg and
| William NJ Justis.
James A. Tillman, clerk Of the court
of Powhatan county, arrived shortly
before court opened this morning. He
| will act in the place of Mr.. Garrett
| while he Is on trial.
| Special Police Arriving,
Alfred J. Kirsch, Richmond attorney
! arrived in Cumberland this morning,
| denburg and Mr.. Smith from Rich
mond at o'clock this morning TO
consult on q point Of law, Mr.. Kirsch
| said. He returned to Richmond Al
noon. He would not divulge the ma
ture Of the conference further
Portsmouth and Lynchburg police
began to arrive at $3.50 o'clock. They
are headed by Webb OF Portsmouth
who Is to be chief of the entire lot
IThey will be camped in the courthouse
yard .
Threateneng letters were produced
yesterday morning by David Stuart
which he said We're sent to him
anonymously, warning him to leave
town because of his interest In the
case, according to attorneys here.
|
The South Sea island housewife.
L .nA - - Yrt-