Year: 1868

by the clerk and charged by the Judge in
mis- usual able manner. The two prisoners,
| Kennedy and Gardner, were brought into
court under strong guard armed with
muskets. The Commonwealth attorney,
Mr.. T. Taylor, informed the court that he
was ready to 20 into the trial, notwith-
| standing the absence Of the two efficient
| detectives (O'Dwyer end Tyler) who fer
| reted out the murder and made the arrest.
Judge Christian assigned the prisoners
Messrs. Benjamin Lacy and Isaac Fl. Chris
tian as counsel. Mr.. Taylor stated that he
would have Mr.. c. A. Branch, who had
been employed by the citizens and friends
Of the murdered persons, for an associate
| for the Commonwealth.


Mr.. Lacy, counsel for the prisoner, an
nounced that they were not ready to 60 into
the trial on the part of Kennedy, and pre-
sented the following affidavit, sworn to by
the prisoner:


20 NeD Kent county, to 1oit:


This day personally appeared before
me, clerk of New Kent Circuit Court, Lewis
Kennedy, and made oath that James Mil
ler is material witness in his defence
under the charges against him in said
court. Given under my hand this 18th day
Of November, 1868.


"BAT. D. CHRISTIAN, Clerk"
Mr.. Christian, counsel for the accused,
urged the continuance Of the trial on the
ground that Miller was a most important
witness, and that the accused stated that
if there was any one guilty of murder, and
if there had been q murder committed,
Miller knew all about it. He also con-
tended that public opinion was very strong
aAainst the prisoner. He heard one man
say in the public road that, guilty or not
guilty, they should be hung for an exam
pie.


Mr.. Taylor contended that there was no
such man as James Miller in connection
with this case. He had been summoned
| through Subpoena to the sheriff of Charles
City county, and the summons was returned
notifying the clerk that this man could moi
| be found. He also contended that public
| opinion was not against the prisoner, but
| quite the reverse for during their confne
| ment in the jail there had been no angry
crowd lounging around for the purpose Of
enforcing the lynch law.


Mr.. Taylor was followed by Mr.. Branch,
! his associate counsel, on behalf of the Com
monwealth, urging the taking up Of the
| case.


After recess the court met at 3 o'clock.
The Judge stated that he thought there had
been due diligence exercised in trying to
obtain this man James Miller as a witness,
| but as the Commonwealth attorney had
stated that there was no such man, he
thought it his duty to examine into the
matter; he would hear any evidence the
| counsel for the accused might have as to
the existence of the witness in question.
Captain 7. C. Leake was brought to the
stand and testified that he had employed q
man by the name of james Miller in the
winter of 1866, but he would not now know
him if he were to see him, as he had never
seen him since.


Mr.. Binford testified that he knew such
man, and would know him now if he
should see him.


Captain John Lamb, sheriff of Charles
| City county, testified that there was no such
man in his county.


The Judge thought the counsel for the
accused ought to show that Miller had been
in the county since 1866. He was dis
posed to grant everything in his power for
the benefit of the accused but there was
no evidence to prove that this man had
been here since the year 1866, which was
long before this offence was com mitted.
He would, therefore, adjourn the case over
until tomorrow morning, in order to give
the counsel for the accused time to inform
themselves whether this man had been in
the county since 1866.


Yesterday morning at II o'clock the
Judge opened his court. The counsel for
the accused stated that owing to their lin
tied time it had not been in their power to
find out whether James Miller had been in
the county since 1866. Also, that they
we're detained in court until late hour,
and would not have had the time to 60 ten
miles from the place before the court would
reassemble. They would submit the afida-
Wit of the accused, backed by the testimony
of Gardiner now on trial-to prove that
this man was principal witness, and left
his house on or about the 18th of Septem-
ber for Charles City county for the purpose
of obtaining work as a wood-chopper.


The Judge stated that he had been to more
than ordinary trouble in coming to COR
clusion in this matter. 1t was always the
custom of this court to extend to the ac-
cused all the privileges in his power, not
withstanding his condition and in this
case the parties have been in Jail since
their arrest, and have had no means to pro-
cure counsel, much less to compel the at
tendance of witnesses. They had sent q
subpoena to Charles City, where Miller had
been when last heard of, and it had been
returned only yesterday with the endorse
ment, "not found" and no time had been
allowed them to send to any other county
They had certainly shown there was such Q
man, and had done all in their limited
means to obtain his appearance. lie would
therefore, continue this case until the next
term of the court, on the 10th OF May
1869. In the mean time the Commonwealth
could not sustain any loss, as the prisoner;
were in their hands and heavy guard sur
rounded the Jail; but, on the contrary, the
prisoners might meet with irreparable loss
if the trial was commenced at this time.


Our reporter desires to return his thanks
to Mr.. John D. Christian, the proprietor Of
the hotel at the Courthouse to the clerk Of
the court, and several others, for the cour'
tesy extended to him during his sojourn IN
New Kent. He also thanks the jailor tol
services rendered, as it was his good for
tune to be confined. in a cell over night on
account Of the scarcity Of lodging IN the
village.


LIST OF UNAVAILABLE LETTERS REMAIN
ING IN THE RICHMOND PosToFFICE NovEM
BER l3, lS6S.-Beverly Burell, gloucester
county, Va; box Al, Richmond MRS
Gracy G. Smith, St. Mary's county, Md;