Year: 1868

public sentiment. Feeling against pri-
soner very strong, if not unanimous. Have
conversed with no one who believed him
innocent. "A jury could hardly be obtained
here. If jury was brought here, and mixed
with the people before being empsnneled,
they would probably imbibe to some extent
the popular prejudice. This would depend
on the impressibility Of the jurors minds.
If the trial was protracted, jurors in. the box
could hardly fail to notice expressions of
sentiment from spectators. Never knew
such unanimity about CASE. Feeling per-
vades both sexes. Think far sex q little
more violent. Am not married man, but
know some little about the power of the
other sex.


+, To Colonel Young: Do not know. of any
personal prejudice against the prisoner. If
jurors brought here were fair-minded men,
the prisoner could have as fair trial here
as anywhere else. Evidence had been dis
seminated throughout the State b. means of
newspapers. f.Et3ls ~


> To Colonel johnson Have heard harsh
things said against the men who hung the
jury on the last trial. Harsh criticisms
have been made upon their conduct, ,and
improper motives imputed, Their verdict
was attributed to their relations with the
accused or his family. Don't think they
have been persecuted.


DR.. BRocK's TESTIMONY.


DR.. J. B. Brock sworn.: Am reporter for
the Examiner newspaper. See o good many
people in the city. Don't 60 much in the
country. Believe that everybody has formed
IN opinion, but don't think there is per-
sonal prejudice against the prisoner. Have
no reason to think otherwise. Don't think
it possible for man to come here and re-
main for day o juror without being or
less informed of what the public sentiment
is. Have attended but one trial (the last) of
this case, and did not then notice any strong
of public sentiment, but was
busy writing all the time, and could not
see what was going on around me. Should
think any intelligent juryman could not
fail to see something of the popular feeling.


Cross-examined Observed nothing in
the demeanor of the crowd at the last trial
that would seem to operate unfavorably
against the prisoner. Should not think
there would be as many persons at this trial
as at the former. Public interest has died
out to some extent, and people are tired of
the case. Don't suppose there will be any
about it now. Don't think
there would be anything in the general
conduct of the crowd to drive juror to find
a verdict one way or the other. Think, be-
fore jurors are empanneled, if they asso-
ciated much with the people, their minds
would be impressed. Have not been in the
country, nor heard the subject talked of
outside of the city. Have seen nothing
here to indicate undue eagerness for con-
viction upon the part of the public. Think
there were more people at the previous trial
than at this.


~ TESTIMONY OF r. B. WITTER.


R.. B. Witter, sworn: Am connected
with the city press (EUening NeooS), and
see q great many people. My opinion
rs to the popular sentiment conforms with
the gentlemans just examined. Public
opinion was stronger in this case than in
any other that l know Of. The opinion is
the same now, though the excitement has
subsidized. Don't think juror could fail, if
allowed to converse amongst the people, to
see the popular sentiment. Don't think in
Henrico county fair and impartial jury
in this case could be had. If q juror came
with proper appreciation of his duties he
would not probably be affected, but could
not fail to discover the sentiment that exists
here.


Cross-examined Do not think it likely
that any attempt would be made to infu-
ence the jury against the prisoner by volun-
teer counsel. Do not think such influence
likely to exist unless more marked de-
monstration should be made than is here
exhibited. Was on the Soutthside in several
counties last summer, and the people seemed
to entertain about the same opinions and
were as we'll posted as the people here.


Mr.. johnson stated that two witnesses
who were desired on this point had not
been summoned one lived in Henrico
county, and the other in the city. Not an
ticipating the failure of other motions, ii
was not expected that their presence here
would be demanded. They were probably
more important witnesses than any yet ex-
amined.


iSubpanas were issued for the witnesses,
and the court took O short recess. On re-
it was ascertained that the wit
ness living in the city had not been found,
and the court took recess until S o'clock
P. NJ. ..-.-.-.
gssss.a AFTER RECESS 3a
the defence announced that they would
offer no more testimony.


Colonel Young had Sheriffs Magruder
and Smith sworn. Sheriff Magruder had
charge of the jury at the last trial. Knew
of no attempts to intimidate jurors. Sup
posed that the difficulty in getting jury
now was occasioned by the fact that the eyi-
dence had been read in the newspapers by
almost everybody. Thought that the
larger proportion of the persons attending
the trial were from the city. The trial
could proceed as well here as anywhere
else.


Sheriff Smith testified to the same effect.


The feeling against the prisoner was very
strong, especially among the ladies, but ii
seemed to be abating.


The motion for change of ve11ue was
then submitted to the court without argu.
ment.


The Court reverted to the fact that the
Code made it discretionary with the Court
whether jurors should be brought hithel
from other counties, or the trial removed te
court in another county. He did not Bet
here any good reason for a change Of the
place of trial. Whilst deep interest hat
been felt in the case, it had not been shown
that there existed any personal prejudice
against the accused and, on the contrary
the evidence had elected the fact that some
sympathy was felt for him. The witnesses
had agreed that the excitement had sub
sided, and that there was as much chanc'
of fair trial here as elsewhere if jurors
were procured from other counties. Tht
Court took occasion to deprecate the prac
tice of publishing reports of evidence il
nr;1n;n n1 trial in the neWsnaners of the daY