Nansemond County Virginia USGenWeb Archives Newspapers.....Murder, 1908 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Zachary T. HOLLAND, d. 6 Feb 1908, Holland, age 72; no will found, 7 Feb 1908; Tiberius Gracchus JONES, shot 26 Oct 1908, d. 27 Oct 1908, Holland, age 52; Samuel HARDY, convicted of murder 6 Feb 1909; pardoned Xmas 1920 Times Dispatch, Number 17829, 8 February 1908 p. 6, col. 4 DEAD MAN'S SECRETS. Much Interest in the Opening of Zachary Holland's Safe. [Special to The Times-Dispatch.] SUFFOLK, VA., February 7.- E. T. Jordan, an expert safe man, last night was summoned to Holland, Va., to open the safe of Zachary Taylor Holland, the wealthy money lender, who died yesterday, having no near kin. Some of the nephews and nieces were in favor of waiting until after the funeral, which occurred this afternoon. Mr. Jordan went to Holland again to-night to peep into the decease's receptacle of funds and secrets. The most sought-for of all the contents is the will, if there be one. If no testament be found the estate will go to the children of a dead brother and sister. Former Senator Thomas H. Baines says it was one of the biggest country funerals he ever witnessed. Daily Press, Volume 13, Number 31, 9 February 1908 p. 1, col. 4 OLD MONEY LENDER LEFT FORTUNE BEHIND In the Safe of Z. T. Taylor of Holland, Va., Was Found $67,000. SUFFOLK, VA., Feb. 8- The safe of Zachary Taylor Holland, the aged money lender of Holland, Va., was gotten open at 11 o'clock last night, by Expert Eugene T. Jordan. The most anxiously sought will was not found. The safe drilling was begun Thursday night, but some relatives decided it was more seemly to wait for the burial, which occurred yesterday afternoon. The deceased was a bachelor, and leaves no near kin. After the count of money and bonds was finished about 4 o'clock this morning, nieces and nephews assembled had found $7,000 in gold and currency and $60,000 in bonds. More than half was in a pigeon hole of an old unlocked desk. The safe combination was rusty and had not been used for months by the deceased, who then stored his savings in the desk. Deceased owned besides many farms and business buildings. Times Dispatch, Number 17830, 9 February 1908 p. 1, col. 2 ZACH HOLLAND'S RICHES Safe Contained $6,000 in Cash and $59,000 in Bonds and Stocks. [Special to The Times-Dispatch.] SUFFOLK, VA., February 8.- After an anxious search for the will of aged Zachary Taylor Holland on the part of nieces and nephews, the dead man's safe was opened last night at Holland, Va., but instead of a testament they found rolls of currency, packages of bonds and cigar boxes filled with gold and silver. There was nearly $6,000 in cash and about $59,000 in bonds, stocks and notes. No will being found, the estate goes to nieces and nephews, the nearest of kin. One thousand dollars in cash and nearly all the securities were in an unlocked wooden desk. The combination of the little safe was rusty and had not been opened for months. The money-lender lived in a house alone, and had a modern burglar known of his possessions he could have made an easy haul. Passbooks showed money in several banks, and the estate will inventory over $100,000. The safe was opened at 11 o'clock, and it was about 1 o'clock this morning before they finished counting the cash. Times Dispatch, Number 17832, 11 February 1908 p. 4, col. 1 FOR NEW WOMAN'S COLLEGE. Dr. Boatwright Gets Liberal Response. Shoots Highwayman. SUFFOLK, VA., February 10.- President F.W. Boatwright, of Richmond College, on Sunday spoke here in the interest of the half-million-dollar fund for the establishment and endowment of a woman's college in Richmond. Dr. Boatwright, in a collection, received $683 from the Suffolk Baptist Church, with the assurance that $1,000, the amount asked for, would be raised. While driving across country from Portsmouth, Va., before day this morning, a negro highwayman attempted to hold up R.J. Tidwell, of Holland, Va. Tidwell fired three times and wounded his assailant, who escaped. Tidwell had made some collections at Pine Beach, and carried a considerable sum. Judge R.H. Rawles to-day qualified in $100,000 on the estate of Zachary Taylor Holland, the aged money-lender, of Holland, who died last week, leaving over $60,000 in a small safe and wooden desk. Hurricane Branch has returned from Halifax county, Va., where his bloodhound, Tiger, Jr., ran down Moses Clark. colored, an alleged firebug. Branch says the dog followed the thirty-six-hour-old trail for seven miles over frozen ground. Times Dispatch, 6 October 1908 p. 3, col. 4 FIGHT OVER BIG ESTATE. Papers Filed to Perpetuate Evidence Preliminary to Litigation. [Special to The Times-Dispatch.] SUFFOLK, VA., October 5.- Papers to-day were served on counsel instituting a proceeding to perpetuate evidence preliminary to the proposed suit over the estate of the late Zachary T. Holland, who died last spring, leaving $100,000, over half of which was in cash and negotiable paper, kept at his home in the county. Contestants claim that the deceased left a will directing the distribution of his property, but none was found. It can be established that Holland had made a will, which the beneficiaries contend was destroyed by himself. The proceeding is brought by Mrs. Gertrude Smith. There has been considerable talk of the affair, accompanied by strong feeling, ever since the old man's death. An expert was sent out to open the safe before the burial. Times Dispatch, 8 October 1908 p. 3, col. 6 HOLLAND'S MONEY. Counsel Ask for Postponement - Letter From Mrs. Smith. [Special to The Times-Dispatch.] SUFFOLK, VA., October 7.- At a counsel conference to-day, it was agreed to postpone the preliminary proceeding of the legal fight for the $100,000 left by Zachary T. Holland from next Friday to October 20th. The postponement was had at the initiative of the four lawyers for the heirs, who pleaded insufficient notice. The petitioner, Mrs. Gertrude Vaughan Smith, claims that the decedent left a will, but none was found. There was discovered among the deceased's effects a letter from her declining an offer of marriage from Mr. Holland because of the difference in their ages. Times Dispatch, 21 October 1908 p. 3, col. 4 WAS HOLLAND'S WILL BURNED? Interesting Question Involved in Case in Nansemond. [Special to The Times-Dispatch.] SUFFOLK, VA., October 20.- The proceeding to perpetuate evidence in the preliminary action to secure $100,000 left by Zachary T. Holland, the aged money lender of Nansemond county was begun to-day before Commissioner Bradford Kilby. Five attorneys appeared in the case, four representing the heir and one as counsel for Mrs. Gertrude Vaughan Smith, the child sweetheart of the deceased, who is bringing the action, and who formerly had possession of the will, in which she was a large beneficiary. It has been claimed that a will was in existence at the time of Holland's death, and that it was destroyed illegally. Sam Hardy, who was alleged by Tiberius Gracchus Jones, of Holland, to have declared that he saw the will since Holland's death, and that it had been burned, was the only witness to-day. He denied that he had made any such statement, or that he had any knowledge of the testament having been illegally destroyed. He acknowledged having seen the will before the testator's death. When Miss Gertrude Vaughan married she was relieved of the will's custody. The hearing was adjourned until November 5th. Daily Press, Volume 13, Number 254, 28 October 1908 p. 1, col. 4 MERCHANT IS SHOT BY CONCEALED PERSONS Jones Is Riddled With Bullets While In His Own Yard - No Clue to Perpertrators. NORFOLK, VA.. Oct. 27.- T. G. Jones, aged 50 years, a prominent merchant of Holland, Va., was shot from ambush in his own yard following his return front Suffolk late last night and died today of gunshot wounds of the chest and abdomen, and pistol wounds in the mouth and face. Sheriff Baker has arrived in Holland with blood hounds in an effort to run down the unknown assassins. There is no clue. Jones was to have given testimony in a contested will case November 5. Bloodhounds from Suffolk were unsuccessful in an effort to run down the assailants of Jones and the dogs were taken off. Feeling runs high against the unknown assassins. Times Dispatch, 28 October 1908 p. 3, col. 5 ASSASSINATED AT HIS OWN DOOR Tiberius Jones, Important Witness in Holland Will Case, Shot Last Night Near His Home. BLOODHOUNDS AT FAULT Made Ante-Morten [sic; Mortem] Statement, but Its Purport Not Made Public - Great Excitement. [Speclal to The Times-Dispatch.] SUFFOLK, VA., October 27.- The assassin or assassins of Tiberius Jones, who last night met death near his own door, not far from Holland, Va., yet remains at large. After a day of official activity on the part of County Sheriff A.H. Baker, Acting Coroner J.F. DeBerry and Hurricane Branch and other detectives, they have not fixed the responsibility for the crime. The coroner's jury this afternoon adjourned, to reconvene next Thursday, when additional evidence is expected. Jones, a prosperous farmer, aged fifty-two years, received the fatal charges shortly after 10 o'clock last night. Two loads of No. 6 shot were fired, one into his abdomen and the other into his breast. Three pistol bullets also took effect - one below the chin and mouth, one in the temple and a third in the shoulder. Yet, riddled though he was with shot and bullets, Mr. Jones lingered for three hours, expiring about 1:15 o'clock. He was conscious for a part of this time, and is said to have made a dying statement, concerning the purport of which there are various rumors. The vicinity is in a fever of excitement. The deceased is survived by a widow and three children. Jones lived for three hours, and is said to have declared he was dying for telling the truth. He also mentloned who he suspected were hls assassins, but the names were not disclosed. Officials are reticent as to their clues. It is known tracks were found in the field. Two white men were seen near by shortly before the shooting, and the clamp of a breechloading gun has been found. Jones, a prosperous farmer, fifty-two years old, was an active partisan in a pending wlll case involving a large amount, but those interested deny he was to have been called as a witness. The neighborhood feeling occasioned by the will case has been increased by the murder, and rumors fly thick and fast. Bloodhounds were carried to the scene, but failed to find the trail. Daily Press, Volume 13, Number 255, 29 October 1908 p. 3, col. 3 MARTYR TO TRUTH. So Declared Victim of Assassins With His Last Breath. HOLLAND, VA., Oct. 28- "I am dying for telling the truth," are alleged to have been among the last words of Tiberus Gracchus Jones, aged fifty-two, a farmer, who Monday was assassinated from ambush in his own dooryard near this place. About 10 o'clock, as he was returning home from the station, two loads of shot and .38 calibre balls were fired into his body. A coroner's inquest was held yesterday, but adjourned until Thursday, when farther testimony will be taken. Officials are inclined to be reticent. They admit, however, that there are clews, but say the evidence does not justify an arrest at this time. The murdered man had been an active partisan in a pending will case in which a large sum was involved, but those interested say he was not to have been called again as a witness. The will referred to in the above dispatch is that of an old bachelor resident of Holland by the name of Holland, in which $100,000 are said to have been left. The heirs at law of Holland are contesting the legality of the bequest, and the man who was assassinated was one who at a preliminary hearing of the case last week, was called upon to give testimony. The question at issue was whether he had seen the will before or after the death of the testator. Daily Press, Volume 13, Number 257, 31 October 1908 p. 1, col. 6 SENSATION AT INQUEST Investigation Into Killing of Jones Takes Unexpected Turn. SPECTATORS SEARCHED FOR ARMS Brother of Murdered Man Attempts to Assault Suspect - Search of Pockets Reveals Revolver On Person of Prominent Norfolk Lawyer. (By Associated Press.) NORFOLK, VA., Oct. 30.- The arrest of Samuel Hardy on a warrant charging murder and the searching of all spectators in the court room, which resulted in the docketing of a number of concealed weapon cases, was the result of the coroner's inquisition today at Holland to determine who was guilty of the ambushing and murder of Tyberius G. Jones. Hardy was a witness at the trial and the evidence adduced against him was entirely circumstantial. It was shown that he and Jones were enemies as a result of the latter being a witness against Hardy's interest in a will contest case. He had made threats and at 8:30 on the night of the ambush, left his store armed with pistols. A part of a breach leading gun, alleged to have been Hardy's was found near the scene of the murder. Brother Attempts Violence. Great excitement was created in the court room when J.B. Jones, of Norfolk, brother of the dead man, attempted to assault Hardy while he was on the stand. When searched two concealed pistols were found on him. The general order was given to search all spectators, it being feared that a fight might be precipitated. Prominent Attorney Had Gun. Seven or eight were found carrying concealed pistols, among them Colonel George C. Cabell, of Norfolk, counsel for the prosecution. A score of guns were found on the floor and window sills, abandoned by owners to avoid the charge of carrying concealed weapons. It is believed that precaution saved serious trouble. The verdict of the jury charges Hardy with the murder of Jones. He was ordered held without bail. Times Dispatch, 31 October 1908 p. 5, col. 5 SAMUEL HARDY UNDER ARREST The Coroner's Jury Charges Him With the Killing of T. B. Jones. [Special to The Times-Dispatch.] SUFFOLK, VA., October 30.- Held by a coroner's jury to be guilty of the assassination of Tiberius Gracchus Jones, who was shot to death in his own yard last Monday night, near Holland, Samuel Hardy, a leading merchant of that town, was arrested at 4 o'clock this afternoon, and was carried to the Nansemond county jail. Hardy had been a witness at the inquisition, being the last man examined, and he was practically under arrest from the moment his testimony was concluded. If the verdict had been different he would have been released at once. As the jurors filed into the big peanut warehouse where court was held, Foreman W. Quinton Peele handed the verdict to County Sheriff Baker. He in turn passed it to Mr. Hardy, whose expression never changed except for a passing shade of pallor. Handcuffed to Sheriff. "Sheriff, you are not going to handcuff me, are you?" remarked the merchant as the officer produced the bracelets. "It is no more for you to wear them than me," replied Sheriff Baker, as he snapped the other end of the cuff over his own wrist. There are several other possible suspects, but no one else was arrested. The verdict after formally accusing Hardy, stated that death came from pistol and gunshot wounds, the weapon being in the hands of Hardy, "and possibly others, unknown to the jury." It was a day of excitement and sensations, and the tension could be felt by casual spectators almost as a thing of substance. The inquest was conducted on the second floor of a large warehouse, the third floor of which was reserved for witnesses. Not only the witnesses, but spectators and every one else in the building, were kept under strong guard, no one being allowed to leave the scene until the evidence taken was completed. The warning was announced at the start by State's Attorney Burges, and it was rigidly enforced by five court officers. A Sensational Incident. A sensational incident, which might have resulted in tragedy, occurred shortly after Hardy was sworn, and before he had uttered a word. J.B. Jones, a young man of Norfolk, and a brother of the deceased, gazed fixedly at the man he believed was his brother's slayer. His eyes seemed to bore into the innermost depths of Hardy's thoughts, and his face muscles twitched with an emotion that appeared uncontrollable. All at once he raised from his chair and made a step towards Hardy. Firm hands grasped him and he was led away, returning shortly afterward with partially regained composure. Jones did not draw a weapon, but when searched it was found that he carried two pistols. One of the court officers remarked after the inquisition that he believed he had saved Hardy's life, for he was firmly convinced that Jones meant to make an attack on hlm. Sheriff Baker said Jones was so weak from nervousness he did not think he would have harmed Hardy. The incident caused practically every one in the court-room being searched by officers. Numbers of other pistols were found concealed, one of those found armed being a lawyer. The Evidence. The trial of the concealed weapon cases has not been called. John R. Johnson, the first witness, said he heard Sam Hardy say, referring to Jones, "I am going to kill him, d--n him." It was the same day Hardy had come to Suffolk to testify in the Zachery Holland will case, in which a large amount of money is involved. Witness said Hardy was talking to himself, S.P. Holland, Algie Butler and B.R. Daughtrey [sic; likely Doughtie]. Witness also said he had heard Hardy make previous threats. Facts Brought Out. It was proved that the only size shot in Hardy's store were No. 6, the kind found in Jones's body. A.A. Holland, at whose home Hardy boards, came home early on the night of the murder, and was in his room before 10 o'clock. Hardy told of his movements that night. He closed the store, was feeling unwell, took calomel and went to bed. He had owned a hammerless gun, but sold it last week to a stranger. Said witnesses saw the sale. Witness day after murder accounted for being in county by saying he went to meet a woman. He refused to give her name, though pressed time and again. Times Dispatch, Sun, 1 November 1908 p. D8, col. 5 HARDY, CHARGED WITH MURDER, HAS NOT YET APLIED FOR BAIL [Special to The Times-Dispatch.] SUFFOLK, VA., October 31.- No application was made to-day to secure bail for Sam Hardy, who yesterday at Holland was held by the coroner's jury for the alleged murder of Tiberius Gracchus Jones, but steps in that direction will be taken early next week. Hardy has strong friends who announced to-night that they were ready to give bail to the amount of $100,000. Among those who visited the prisoner in jail to-day were Attorney J. Edward Coles [sic; Cole], of Norfolk, and John W. Wilson, of Wakefield, who are his brothers-in-law. Hardy gets his meals from a hotel. No further arrests have been made, but there is a multiplicity of rumors. Times Dispatch, 2 November 1908 p. 6, col. 5 ASKS FOR BAIL Hardy and His Friends Are Ready to Put Up Any Amount. [Special to The Times-Dispatch.] SUFFOLK, VA., November 1.- Although an effort to release from custody, Sam Hardy, the Holland merchant, accused of murdering Tiberius Gracchus Jones, may be made to-mor-row or next day, Bail Commissioner Bradford Kilby said to-day he would not entertain the application until he has in hand a transcript of all testimony, and has present any material witness, whom he might wish to question further. Hardy's friends are rallying about him and express a willingness to stand surety for $100,000 if the bail bond be placed at that amount. There is a strangely divided sentiment around the scene of the tragedy, and all through this section the case has caused the pending election to seem stale. Times Dispatch, 3 November 1908 p. 5, col. 4 JONES MURDER AND HOLLAND WILL CASE Mrs. Smith, Supposed Beneficiary of Alleged Will, Talks Freely. DEAD MAN'S EVIDENCE Said Hardy Told Him He (Hardy) Found Will Which Was Destroyed. [Special to The Times-Dispatch.] SUFFOLK, VA., November 2.- Sitting on the porch at her home a mile or so out of Holland to-day, Mrs. Gertrude Vaughan Smith, wife of Jack W. Smith, told of her relations with Zachary T. Holland from her childhood to his death; of the sealed will which was in her custody for ten years, of whose provisions the testator had told her; of her refusal to marry her aged relative; of the reason why she relinquished the custody of the will, and, finally, of the legal efforts to establish the will. Mrs. Smith as Miss Gertrude Vaughan, was the child-sweetheart of the aged financier, at whose death no will was made public. There were bitter accusations, strong factional feelings, legal proceedings to establish the will, and, lastly, the assassination of Tiberius Gracchus Jones, a partisan of Mrs. Smith, and subsequent arrest of Sam Hardy, who was an enemy of the victim. Mrs. Smith, though a second cousin of the testator, always referred to him as "Uncle Zach." She said in part: "I had known him since I was a little girl, and always was quite fond of him. I had the will in my possession for ten or eleven years. I was keeping it at his request. It was sealed and I never read it, but Uncle Zach told me I was to get the biggest part of the estate, including his home place. The only other beneficiaries he mentioned were Miss Annie Edwards and Miss Mamie Freear, neither any kin to him. He was as friendly to me after marriage as before, and used to visit us every week, often two or three times a week. He died on one of our beds. It was sent to him after he was taken sick. He was lying on a cot before that." "Why did you relinquish custody of the will?" was asked. "I gave it back because it was my mother's dying request. Uncle Zach did not want to take it back. He refused at first, but yielded when I told him what mother said. I told him I felt better when he took it back." "Was not Mr. Holland a suitor for your hand?" "That was years ago, when I was much younger. I am thirty now. I loved him only as a cousin and a friend. He was still as good to me as before, gave me valuable presents and took me on long trips. I promised Uncle Zach that I would have him buried at Beaver Dam Church, which he had recently joined, but they wouldn't let me." Her husband said the victim, Jones, told him if he were killed, he wanted it carved on his tombstone that he died for telling the truth. Jones's statement was that Sam Hardy told him Mr. Holland left a will; that he (Hardy) found it with other papers; that it was burned by others whose names were mentioned and that Hardy told Jones he could have got $10,000 for the will from Jack Smith and wife. Hardy, while on the stand in the will contest, denied this statement. Sam Hardy has not yet been bailed, but friends say they are ready to go his bond for $100,000. While dying from gun and pistol wounds, Jones reiterated the truth of his declaration, and said he was going because he spoke the truth and stuck to it. Daily Press, Volume 13, Number 263, 7 November 1908 p. 6, col. 4 Murder Case Hearing. SUFFOLK, VA., Nov. 6.- The case of Samuel Hardy, charged with the murder of Tiberius Gracchus Jones, will come up for preliminary hearing next Friday, Nov. 13. Judge R. H. Rawles, of Suffolk, Judge Thomas H. Wilcox [sic], of Norfolk, and Attorney J. Edward Coles [sic], of Norfolk, will represent him. The prisoner is comfortably fixed in jail, has a good bed, two easy chairs, table, books, and a plenty to eat. Friends visit him every day. The Rev. Mr. Hardy, a brother, who is a Methodist minister, saw him Sunday. The murder is supposed to have been committed as a result of the wrangle over the Zachary Holland will. Times Dispatch, 8 November 1908 p. 5, col. 2 JONES MURDER CASE. Effort Will Be Made by Friends of Hardy to Bail Him Out of Prison. [Special to The Times-Dispatch.] SUFFOLK, VA., November 7.- It was practically settled to-day that a formal application for bail for Sam Hardy, the Holland merchant accused of murdering Tiberius Gracchus Jones in his own door yard October 26th, will be made on next Saturday before Circuit Judge James L. McLemore, and not Bradford Kilby, the regular bail commissioner. Judge T. H. Willcox, of Norfolk, one of the defense lawyers, has approached Judge McLemore about the bail sitting, and the latter said Saturday is the only day of the week he can spare. In case bail be declined, it is likely that the preliminary hearing will be waived and the case cited directly to the grand jury. On the other hand, if bail be granted, there is a possibility that the lawyers may fight for an acquittal at a preliminary trial. The move to have the accused merchant released will be pressed vigorously. Friends of the prisoner are rallying to his rescue, and express an ability and readiness to furnish bonds in $100,000. No further arrests have been made, and likely will not be until further evidence be developed. Times Dispatch, 10 November 1908 p. 3, col. 4 SUFFOLK, VA., November 9- [...] Burges's Statement. Regarding the criticism of State's Attorney J.U. Burges because of his professional connection with the Zachary Taylor Holland will case, Mr. Burges said to-day that immediately upon hearing of Tiberius Gracchus Jones's murder he had sought and received his release from Judge R.H. Rawles, chief counsel for the heirs, and has not since acted as attorney for them, but is vigorously conducting the prosecution. Robert Walter Withers, counsel for Mrs. Gertrude Vaughan Smith, the presumptive heiress, to-day completely exonerated Mr. Burges in the matter, declaring that his conduct has been honorable and above question. Times Dispatch, 11 November 1908 p. 3, col. 1 WANT NO TRIAL IN NEWSPAPERS Attorneys in Holland Will Case Ask People to Suspend Judgment. COURT FULL INVESTIGATION Claimed That Murder of Jones Was Not Connected With Holland Affair. [Special to The Times-Dispatch.] SUFFOLK, VA., November 10.- Believing that public sentiment unfavorable to their clients is being formed by the newspapers. Judge R.H. Rawles, Colonel E.E. Holland and Seth Edward Everett, counsel for the contestees in the Zachary Taylor Holland will case, this evening gave out a signed statement asking for a suspension of judgement. The statement declares in part: "We deprecate this effort to try this case in the newspapers, which, we believe, entirely improper and request that the p ublic suspend its judgement until the legal evidence introduced by all parties to thecontroversy can be properly heard. We have been, and are now, ready and eager for a full legal investigation and a trial on the merits alone." No Connection. One of the lawyers, who also is an attorney for Sam Hardy, now in jail accused of murdering Tiberius Gracchus Jones, claims that the will case and the murder had no connection; that his clients have abundant proof that Holland left no will, and that there are discrepancies in the statements of those who pretend to recite the provisions of the document. The will matter has been "continued generally." Sam Hardy is the only witness who has thus far given evidence before Commissioner Kilby in the proceeding to perpetuate evidence. State's Attorney Burges withdrew from the will case immediately after the murder. He also was of counsel for the contestees. One of Hardy's lawyers announced to-day that application for bail may not be made on next Saturday as had been announced by an official. Daily Press, Volume 13, Number 273, 19 November 1908 p. 8, col. 2 Hardy Well Defended. SUFFOLK, VA., Nov. 18.- Attorney Seth Edward Everett has been added to the list of those who have been retained to defend Samuel Hardy, held on the charge of killing Tiberius Gracchus Jones in his own dooryard at Holland, Oct. 26. Mr. Everett makes the fourth defense lawyer, the others being Judge R.H. Rawles, of Suffolk, Judge Thomas H. Wilcox [sic] and J. Edward Cole, of Norfolk. Up to now only three attorneys are working for the prosecution - State's Counsel J.U. Burgess and Colonel George Carrington Cabell and Mr. l'Anson, both of Norfolk. Daily Press, Volume 13, Number 275, 21 November 1908 p. 8, col. 3 SAW NO WILL. Expert Who Drilled Open Holland Safe, Testifies. SUFFOLK, VA., Nov. 20.- After hearing one witness in the action brought by Mrs. Gertrude Vaughan Smith, the alleged heiress of Zachary T. Holland, preliminary to the institution of a suit to establish the will. Commissioner Bradford Kilby yesterday afternoon adjourned the examination until Dec. 1. E.T. Jordan, a safe expert, testified that he was called to the house of death before Holland's burial for the purpose of opening the money lender's little safe. He began drilling, but did not succeed until the day of the funeral. The safe contained many thousands of dollars in cash and bonds, but the witness said he saw no will. The combination was faulty, and the expert had been consulted about opening his strong box by Holland, but they never agreed on a price. Nine hundred dollars was found in a wooden desk which had to be forced. Jordan said Sam Hardy, now charged with the murder of Tiberious Gracchus Jones, who asserted to the last that Hardy told him about the finding and destruction of the will, was not present at the safe opening. The witness declared further that Holland told him a month or so before his death he had no will at that time, and that if he wrote one he should make Miss Holland, a grandniece, one of the chief beneficiaries. The hearing today was behind closed doors. A statement of the proceedings was later given out by counsel for the contestees, whose witness Jordan was. This was substantially corroborated by Robert Walter Withers, attorney for Mrs. Smith. "Mr. Jordan did not see the will," said Withers, after adjournment, "because he was not there at the right time nor at the right place." The preliminary hearing of Sam Hardy has been set by agreement for Nov. 23. Times Dispatch, 21 November 1908 p. 3, col 6 SAM HARDY ASSIGNS. Alleged Murderer of T. G. Jones Turns Property Over to Trustees. [Special to The Times-Dispatch.] SUFFOLK, VA., November 20.- Sam Hardy, now in Nansemond county jail, accused of murdering Tiberius Gracchus Jones, to-day executed a deed of assignment to Judge R.H. Rawles and Seth E. Everett, trustees, conveying his stock of merchandise in the Z.T. Holland store building and other personal property. Times Dispatch, 22 November 1908 p. 4, col. 5 HEARING SET FOR MONDAY. Application for Bail May Also Be Heard at That Time. [Special to The Times-Dispatch.] SUFFOLK, VA., November 31.- The preliminary hearing of Sam Hardy, the alleged slayer of Tiberius Gracchus Jones, in the victim's dooryard at Holland October 26th, is set for 10 o'clock Monday. The application for the prisoner's bail also was set for Monday, but there are various contingencies which may cause a change of plans. Public Prosecutor Burgess [sic] announced to night that the trial will be called, but he could not give definite date as to the bail application. Times Dispatch, 24 November 1908 p. 3, col. 1 HARDY HEARING AGAIN HELD UP When Case Is Called Record of Coroner's Inquest Is Found Incomplete. BITTER BATTLE PREDICTED Colonel Cabell Has Transcript of Testimony and Refuses to Deliver It. [Special to The Times-Dispatch.] SUFFOLK, VA., November 23.- Seven more days of suspense are added to the trial of Sam Hardy, the alleged assassin of Tiberius Gracchus Jones, who was shot to death in his own door yard at Holland, Va., on the night of October 26th. To-day's proceeding was hot and sharp, and, as a preliminary fray, was a significant promise of bitter battles to come. Following a series of feeling and telling thrusts, Justice J. F. DeBerry postponed the preliminary trial until next Monday, Novembor 30th, at 11 o'clock. The postponement was granted on motion of the defense. The principal ground on which the argument was based was that the inquisition record is incomplete. And thereby hangs another tale, which may bring on further argument before the last word is said. Two days were consumed at the coroner's inquest- October 27th and October 30th. On the first day the acting coroner took his own record of the testimony given by witnesses. On the second day a stenographic report of the proceedings was taken by a private stenographer of Colonel George Carrington Cabell, of Norfolk, of counsel for the prosecution. It was understood, so it in alleged by the defense, that this record was to be used by the coroner as a part of the official proceedings. To-day the transcript of this second day's inquisition was not produced in court, and the defense's lawyers so far have never had a chance to see it, though they claim an inspection is material to their client's interest, and that future moves may be guided by its contents. The lawyers for the prosecution contended that the record of the testimony taken by Colonel Cabell's private stenographer was paid for at his private expense for private use, and is altogether private property. They claimed it is not incumbent on the prosecution to supply the defense with material on which to construct their case. Attorney Withers, of the prosecution, said that he would furnish his opponents a synopsis of the testimony, but would not guarantee to give the exact language. Judge Rawles asserted that it seemed incumbent on Colonel Cabell to deliver the transcript to the coroner, who in this case happens also to be the justice, and "as a lawyer and a gentleman he should do so." Justice DeBerry was importuned to use his efforts to secure the transcript, but he made no promises. Judge Rawles declared after court that they may sue out a writ of mandamus to compel Colonel Cabell to accede to their requests. The application for bail is held up pending further progress in the preliminary proceedings. Times Dispatch, 25 November 1908 p. 3, col. 4 Road Nearly Completed. [Special to The Times-Dispatch.] [Special to The Times-Dispatch.] NORFOLK, VA., November 24.- The announcement is made that all but nine miles of the Virginian Railway's main line is now completed, that four miles of this will be completed within the next week, and the entire road ready for use within three weeks. The company is now negotiating for the purchase of rolling stock to equip the road. Says It's Private Property. [Special to The Times-Dispatch.] NORFOLK, November 24.- Colonel George C. Cabell, counsel for the prosecution in the case of Samuel Hardy, accused of the murder of T. G. Jones, to-day refused to discuss the refusal to allow the defense to have a copy of the testimony adduced at the preliminary yesterday, except to say that it is private property, belonging to J. B. Jones, the brother of the dead man, a resident of Norfolk. He declares that the testimony was taken privately, at the expense of Mr. Jones, and that it is therefore private property. Times Dispatch, 1 December 1908 p. 3, col. 4 MANY WITNESSES ARE SUMMONED Every Indication That Hearing of Hardy Will Be Taken Up To-Day. [Special to The Times-Dispatch.] SUFFOLK, VA., November 30.- After several delays and continuances, it seems sure that the preliminary trial of Sam Hardy, the alleged slayer of Tiberius Gracchus Jones, in the latter's door yard at Holland, on the night of October 26th, will be gone into to-morrow morning. A week ago the case was continued until to-day, but owing to the inability of all the attorneys to be present it was postponed for another twenty-four hours. The case is expected to be opened about 10:30 o'clock in the county courthouse, the capacity of which will be taxed by spectators. Though there was a question as to whether there would be a waiver of the preliminary hearing, both sides have summoned witnesses with the evident intention of going into trial. No notice has been given the attorneys for the prosecution that any application for bail will be made to-morrow. That depends upon developments. Judge T.H. Wilcox, Judge R.H. Rawles, S.E. Everett and J. Edward Cole will defend Hardy. State's Attorney J.W. Burges will be assisted by Robert Walter Withers, Colonel George Carrington Cabell and Mr. l'Anson. Mr. Withers to-night had a telegram calling him to argue a case before the Court of Appeals, but this will not affect the progress of the trial. The threat to secure a writ of mandamus, seeking to force Colonel George C. Cabell, of the prosecution, to produce a transcript of evidence taken on the second inquisition day, may not be put into effect, though Stenographer Rush is among the eighty witnesses summoned. Times Dispatch, 2 December 1908 p. 3, col. 3 NOT SO DAMAGING AS IS EXPECTED Evidence in Hardy Case Falls Below Hopes of Prosecution. [Special to The Times-Dispatch.] SUFFOLK, VA., December 1.- Surprised by some of its witnesses and threatening to impeach others, the State to-day in its first attack against Sam Hardy, alleged assassin of Tiberius G. Jones, failed to forge quite so strong a chain of damaging evidence as had been anticipated. Though considerable testimony of a damaging character was brought out against the accused, the tale of the tragedy, as told by others, was not so incriminating as that unfolded at the inquest. One witness could not be induced to remember the pertinent part of a statement he signed before Coroner Deberry, while another's memory on declarations he had made to State's Attorney Burgess [sic] had seemingly become a blank. When reminded by Judge Wilcox, of the defense, that he could not impeach his own witnesses, the prosecutor called his attention to the case of former Mayor Samuel McCue, of Charlottesville, where impeachment proceedings were instituted by the State. Then he applied the probe to bring out from his own witnesses the testimony which he alleged they possessed, but which from some came reluctantly and from others not at all. Daily Press, Volume 13, Number 285, 3 December 1908 p. 1, col. 4 IMPORTANT TESTIMONY IN JONES MURDER CASE Employe of Accused Says Hardy Put Pistol In Pocket Late On Night of Murder. SUFFOLK, VA., Dec. 2.- The preliminary hearing in the case of Sam P. Hardy, charged with the murder of Tiberius Gracchus Jones was continued this morning when the court room was again packed to suffocation. Four witnesses were put on by the Commonwealth and at the conclusion of their testimony a recess was taken until afternoon. All the testimony this morning was interesting and had an important bearing on the case. R.W. Withers assisted in the prosecution. Causey Johnson was the first witness called. He testified that he heard Sam Hardy say before several people that Grach Jones had the ad vantage of him "that day," but that "there will be another day coming." Abraham Holland said Lall Jones, a negro, told him the day after the murder that he had carried Sam Hardy into the woods on his back. The defense objected to this statement, but he objection was overruled. Gus Holland, a son of Abraham Holland, when asked if he heard Lall Jones say anything about Sam Hardy the day after the murder, replied that he did. "He told me that Mr. Hardy was scared up some," said the witness, and as white as cotton when he left him in the woods. Predicted Trouble. Ed Cross was the next witness. He said he saw Lall Jones on the Tuesday after the murder and that Jones told him he had just left Mr. Hardy in the woods and that there was trouble down there. Sam Pete Holland, Mr. Hardy's clerk, was recalled. He said he did not see Mr. Hardy on the Sunday before the murder or know where he was. He said he saw Mr. Hardy at the store on the Saturday night before and that Hardy closed the store late. Witness was asked if Mr. Hardy owned a pistol. He replied that he owned two and that he put a Smith & Wesson in his hip pocket, just before he closed the store on the night of the murder. Mr. Holland said he once owned an Ithaca gun, but that he traded it to Mr. Hardy about a week before the murder. Times Dispatch, 3 December 1908 p. 4, col. 3 [not correctable] TRYING TO PROVE ALIBI FOR HARDY [Special to The Times-Dispatch.] SUFFOLK, VA., December 2.- With all of the State's testimony in except that of one witness, J.H. Joyner, who was not present, the lawyers who are battling for the life of Sam Hardy, alleged slayer of T.G. Jones, this afternoon began the building of their case. They are seeking to prove that Hardy was in his room at the home of A.A. Holland at the time Jones was being made the target of an assassin's shot and bullets. Both A.A. Holland and his wife, who were the last witnesses examined, declared Hardy came from his store on the fatal night at twenty minutes to 9 o'clock. Holland said he left Hardy in his room at ten minutes past 10, and Mrs. Holland said she went into his room and saw him lying in bed at fifteen minutes to 11. Jones was shot about 10:30 o'clock. Both witnesses said that Hardy was regarded as a member of the family. Will Case Injected. Holland and Hardy formerly were business partners. The Zachary T. Holland will case was injected into the hearing during the testimony of Holland, who admitted that he never knew of the enmity between the prisoner and the accused until the will matter was agitated. He said that he had heard of the dead man's declaration that Hardy told him (Jones) that the will was destroyed in the presence of himself (the witness), his brother, J. Holland, and I.A. Luke. All three of these are heirs of Z.T. Holland. The witness said that the charge was false. The defense's attorneys protested with vehemence against the injection of evidence about the will, saying that Justice DeBerry had no jurisdiction in the will case, but that the heirs had been and are now anxious for an investigation. Claude Duke, one of the witnesses that yesterday failed to remember a portion of his inquisition evidence, was allowed to retake the stand. He said that his memory had been refreshed, and that his inquest declarations about Hardy's threats against Jones were true. Causey Johnson swore that Hardy said Jones spoke to him on the church ground, and had the advantage of him, but that "another day was coming." It was shown to-day by two witnesses that Nalle Jones, the negro whose memory yesterday seemed a blank, told them that he "saw Hardy in the woods some steps from his wagon, and that Hardy was white as a sheet." Sam Peter Holland, who worked for Hardy, was kept on the stand two hours. The prosecution brought out that Holland went to Norfolk and Portsmouth Monday of this week, and visited various gun stores, where he examined numerous guns and their parts. He once owned the gun with which Hardy is alleged to have killed Jones, which is now missing. Emmet H. Rawles, a Holland merchant, nephew of Judge Rawles, of defense's counsel, said he understood Hardy had sent Jones word by J.H. Joyner that if he ever came into his store and bothered him he would be shot. Daily Press, Volume 13, Number 286, 4 December 1908 p. 6, col. 4 SAW WILL DESTROYED. Secondary Evidence That Hardy Was Witness to the Destruction. (By Associated Press). SUFFOLK. VA., Dec 3.- The testimony given yesterday afternoon by Mrs. A.A. Holland, at whose home Samuel Hardy boarded was to the effect that the accused was in his room at the time of the murder of T.G. Jones. The woman swore to seeing Hardy in his bed at 10:15 and 10:45 o'clock on the night of the murder, as she passed through the room. The testimony of Samuel P. Holland and his alleged searches for an Ithaca gun was not considered favorable to the prisoner. J.H. Joyner, the first witness called when court opened today, is a neighbor of "Grach" Jones. Witness said Jones told him that Hardy told him (Jones) that he had seen the will of Z.T. Holland destroyed. Witness was with Jones in Suffolk on the day of the murder. He was with him when they left the train and they parted at "Ben" Council's gate. Witness before entering his own gate that night heard some one say, "You scoundrel." "In a few minutes Jones hollered for me," said Mr. Joyner, "and I ran to find him lying shot on the ground. Jones said, 'I am shot for telling the truth.'" Jones told witness that he was shot after entering the gate and that he thought Samuel Hardy did it. Witness saw Hardy on the Monday of the murder and jokingly remarked, "You had better stop selling whiskey for Jones has you faded." Witness said it was generally known that Jones intended to have Hardy prosecuted for selling whiskey without a license. Witness said it was generally known that Jones intended to prosecute Hardy for perjury in the wall [sic; will] case. Mr. Jones had asked witness to see Hardy and ask him to talk the will case over with him. Witness saw Hardy, who did not wish to talk about it. Witness said Hardy and I.A. Luke, another Holland heir, were pretty good friends. Jones told witness he came to Suffolk on day of murder, to have Hardy arrested for perjury, but Lawyer Withers deferred the matter. Withers did not want to prosecute Hardy. He spoke of a company in which both he and Hardy were interested. Witness said he (Jones) thought Hardy or Luke shot him. Witness said that before Jones and Hardy fell out, Jones offered him $1,000 to swear falsely in the will case. Witness said Jones wanted him to hide nearby and hear the conversation between himself (Jones) and Hardy about the will case and to swear 'I heard Hardy say he saw the will destroyed." Witness told Hardy Holland, of Suffolk, that Jones was after Hardy for telling lies. Jane Lee, a negro woman, testified that she washed for Mr. Jones. She found in his coat Thursday after the murder a 32-calibre bullet, which was exhibited. It has been intimated that this afternoon three witnesses will be arrested by the prosecution for perjury. Hardy is Held. Sam Hardy held for alleged murder of T.B. Jones at Holland, Va., at the close of the preliminary hearing tonight, at Suffolk, was ordered held for the grand jury of Nansemond county. Sam P. Holland a witness for the state, who testified in favor of the defense, was held on a charge of perjury. Times Dispatch, 4 December 1908 p. 4, col. 1-2 HARDY IS HELD FOR GRAND JURY One Arrest for Perjury and Anothcr One Likely to Be Made. A DAY'S DEVELOPMENTS Holland Will Case Figures Largely in Final Proceedings of Case. [Special to The Times-Dispatch.] SUFFOLK, VA., December 3.- Sam Hardy, Holland merchant and choir-singer and alleged slayer of Tiberius Gracchus Jones, is held for the grand jury, one witness is arrested for perjury, and another arrest on the same charge is imminent, while an attempt was made in court to tarnish the memory of the deceased by the introduction of evidence that the victim, who was shot, had offered J.H. Jones $1,000 to swear falsely in the Zachary Taylor Holland famous will case. Incidentally there was evidence tending to establish the illegal sale of whiskey in Holland. These are some of the sensational features in the last and most sensational day of a somewhat sensational and exceptionally intricate and much involved murder trial. The prisoner was remanded to jail to await the action of the January grand jury. Plans Not Matured. No action was taken with reference to seeking bail for Hardy, and the defense's declared after court this evening that their plans along this line are not matured. Sam Peter Holland, a witness who went on yesterday and told of visiting gun stores in Holland, Portsmouth and Norfolk on Monday, where weapons of various makes were examined, and whose memory on some points was particularly faulty, was locked up on a perjury charge late this evening. Holland was bailed out in $500 bonds with John R. Holland and Joe Ab. Holland as sureties. Two of the attorneys in the Hardy case have been retained to defend him- Judge R.H. Rawles and Seth Edward Everett. He is cited to appear at a preliminary hearing December 15th. J.H. Joyner, a near neighbor of the deceased, who parted with him at his gate just before the tragedy, and who was the first to reach him after the fatal shot, said Jones told him he was dying for telling the truth, that he did not see who shot him, but that he thought it was Hardy or Luke. Witness said he and James [sic; Jones] were intimate, and that Jones had previously told him that Hardy informed him, Jones, that he, Hardy, was present when the will was found; that Luke said burn it. Gus said read it, and Joe put it into the fire. This statement, Hardy had pronounced as a lie. Joyner told of Jones's having been to Suffolk on the day of the tragedy, that he had threatened to have Hardy arrested for perjury in the will case, and for selling liquor without a license. Jones returned to Holland and met his death. Refused the Bribe. Joyner said that shortly before Jones and Hardy had the falling out, Jones offered him $1,000 to prove that Hardy had made the statement about the destruction of the will. He said Jones waited to arrange a meeting and have Joyner overhear the conversation, and to say Jones made the desired statements, whether he did or not. Witness said he refused to accept the bribe. L.H. Whedbee gave further evidence tending to establish an alibi, and I.A. Luke told of his movements before and after the killing. He heard the shots which killed Jones, but said he dld not go to his home to offer assistance. He declared Jones had ill-feeling toward him, but that the sentiment was not reciprocated. A large number of character witnesses swore that the prisoner had an excellent reputation as a peaceable and law-abiding citizen. A prosecuting attorney asked one witness if he considered as law-abiding a man who carried a gun. Judge Wilcox, of the defense, broke in with, "I have known even a lawyer to carry a pistol. Does that mean he is not peaceable?" Cabell is "Peaceable." "Do you mean that for me?" broke in Colonel Cabell, who was among those found armed when everybody was searched at the Holland inquest. "I mean that I am willing to make an affidavit that you are peaceable," replied Judge Wilcox, and the incident ended. The arguments were limited to thirty minutes a side. The prosecution wanted to submit the case without argument, but the defense insisted on pleading for Hardy's discharge. An incident of the trial to-day was a declaration by Judge Rawles concerning the alleged unfairness of some newspaper reports of the case. Times Dispatch, 5 December 1908 p. 3, col. 6 CASE NOT DISCLOSED. State Has Not Shown Full Strength In Hardy Hearing. [Special to The Times-Dispatch.] SUFFOLK, VA., December 4.- It is understood here to-day that the State during the preliminary murder trial of Sam Hardy did not disclose the full strength of its hand, but introduced only enough evidence to insure the case being cited to the grand jury. The prosecution seemingly felt confident that Hardy would be held for Circuit Court, and after evidence was in agreed to make argument only after the defense had refused to submit the case without pleas by attorneys. Hardy's lawyers say he cannot be sent to the chair on evidence thus far brought out. Judge Rawles, of defense's counsel, stated to-night that they still expect to seek bail, though he could not say when. Times Dispatch, 20 December 1908 p. 5, col. 3 HOLLAND WILL HEARING. One Witness Testifies He Was Told Will Was Destroyed. [Special to The Times-Dispatch.] SUFFOLK, VA., December 19.- One witness, Joseph F. Holland, was examined to-day in the celebrated Zachary T. Holland will case, a discussion of which is believed to have led to the killing of Tiberius Gracchus Jones by Sam Hardy. Holland, who was summoned by the contestees testified that Zachary Holland told him about two years ago that he had received the will from Mrs. Gertrude Vaughan Smith, in whose custody it had been and had destroyed it. Mrs. Smith, who instituted the proceedings to perpetuate evidence preliminary to the entering of a suit to establish the will, was the girl sweetheart of the aged financier and claims to have been the principal beneficiary in the will, which, it is alleged, was found and destroyed after Holland's death. Times Dispatch, 10 January 1909 p. 4, col. 2 Largest in History. [Special to The Times-Dispatch.] SUFFOLK, VA., January 9.- The biggest docket in the history of Nansemond county will be called Monday, when Circuit Court convenes. There are eighteen indictments for the grand jury, two alleging murder, thirty-two common law cases and 147 chancery cases. State Attorney Burgess [sic] said to-night that an effort will be made to finish every criminal case, though the Hardy murder trial will not come up the first week. Doctors will be examined Monday as to the condition of Ernest F. Wilson, whose skull was fractured by his rival in love, F. F. Brinkley. Times Dispatch, 12 January 1909 p. 3, col. 1 HAS BIG DOCKET. Thirteen Indictments Result of Jury's First Day of Work. [Special to The Times-Dispatch.] SUFFOLK, VA., January 11.- Confronting the biggest criminal docket in the history of Nansemond county, the first day of the Circuit Court resulted in the bringing of thirteen true bills, two untrue bills, the sending of five men to State's prison and the swearing in of over 200 witnesses. Among the indictments yet to be reached by the grand jury are two alleging murder. The congested crowd in the courtroom pulsated with the intensity of its interest, and when six officers failed to keep order the court threatened to fill the jail with spectators. Because of the approaching wedding of Robert Walter Withers, one of the prosecuting attorneys, the murder trial of Sam Hardy to-day was continued until Tuesday, February 2d. Aside from the coming nuptials both sides were ready to proceed. The first true bill returned was an indictment against Joseph L. Butler, accused of the betrayal of Miss Mabel G. Williams. The prosecutrix was in court. State's Attorney Burges asked that Butler's bond be increased from $2,000 to $4,000, saying the case was a grave one. Judge McLemore named $2,500 as the increased figure. Times Dispatch, 13 January 1909 p. 4, col. 6 Sam Hardy Indicted. [Special to The Times-Dispatch.] SUFFOLK, VA., January 12.- After being in session two days the Circuit Court grand jury to-day returned a true bill, charging Sam Hardy with the murder of Tiberius G. Jones. The trial will begin February 2d. Rev. Ernest Lyons, colored, to-dav was indicted for the murder of Rev. James L. Smith, also colored. This trial will begin to-morrow. Times Dispatch, 2 February 1909 p. 3, col. 5 Trial Begins To-Day. [Special to The Times-Dispatch.] SUFFOLK, VA., February 1.- Sam Hardy, accused of slaying Tiberius Gracchus Jones, to-morrow will be arraigned for his life. Attorneys on both sides say to-night, there is no known reason for continuance. They expect to secure a jury from the forty veniremen summoned. Times Dispatch, 3 February 1909 p. 4, col. 5 SAMUEL HARDY IS NOW BEING TRIED Jury Easily Secured and Dozen Witnesses Heard During First Day. [Special to The Times-Dispatch.] SUFFOLK, VA., February 2.- In the trial ot Samuel Hardy, accused of shooting Tiberius Gracchus Jones in the latter's door yard at Holland, October 26 last, a jury was to-day secured from the first venire of forty talesmen, and when court adjourned this evening twelve of the 100 witnesses had given evidence. The talesmen were questioned principally as to their opposition to capital punishment on circumstantial evidence, their relationship to the prisoner, deceased or Zachary T. Holland's family, and to their preformed opinions which would require evidence to remove. In his preliminary statement for the prosecution, R.W. Withers said the State would prove motives, opportunity, threats and incriminating circumstances, which would weld a strong chain about Hardy . Judge Thomas H. Willcox, of the defense counsel, denied most of these statements. Witnesses told of Jones being wounded by two gunshot and three pistol wounds, his knowledge of approaching death, his statement that he was dying for telling the truth and that he believed Sam Hardy shot him, though it was too dark to see his assailant. There was also evidence of the finding of a fore-end from an Ithaca gun near the death scene, and also that Hardy placed in his pocket a 32-calibre pistol on the night of the tragedy when leaving his store, though this was not unusual. Various maps and photographs of points in Holland were introduced. Times Dispatch, 4 February 1909 p. 3, col. 4-5 CHAIN TIGHTENING ABOUT SAM HARDY Link After Link of Damaging Evidence Being Forged by State. THE PROSECUTION SCORES Shows Conclusively That Defendant Owned Gun Which Killed Jones. [Special to The Times-Dispatch.] SUFFOLK, VA., February 3.- The Ithaca Gun Company, of Ithaca, N.Y., to-day scored strongly for the State in the trial of Sam Hardy, alleged slayer of Tiberius Gracchus Jones, near the latter's doorsteps, on the night of last October 26. The State's star witness of the entlre trial was Paul Smith Livermoore, treasurer of the gun company. The witness read from the company's books, showing that it had sold to Charles Leonard Company, of Petersburg, twelve guns in June, 1907. One of the numbers was 140,444, the same that appears on the fore-end of an Ithaca gun found near the death scene early on the following morning. Frank M. Hobbs, vice-president of the Leonard Company, testified that his company sold one of the guns to Holland & Hardy, of Holland, Va., the latter being the defendant. Hardy ordered the gun for Sam Pete Holland, who later traded it back to Hardy for a rifle. At the coroner's inquisition Hardy testified that he sold the gun a few days before the tragedy to a stranger from North Carolina, who, he said, came to his store and purchased it in the presence of several witnesses. The gun has not been seen since, so far as known. Powerful Protest. The defense's lawyers entered a powerful protest against the admission of the gun evidence, on the ground that the entries in the records produced were not made by the witnesses themselves, who are officers, but by clerks. Robert W. Withers to-day asked the court to have "Big Abe" Holland, one of the State's witnesses, put in the custody of the State until he is sober enough to take the witness stand. Mr. Holland was put into the hands of friends, and was not locked up. Numbers of witnesses to-day testified as to threats Hardy had made against Jones. They formerly were close friends, but became bitter enemies because of a report made by Jones that Hardy had given him information concerning the alleged destruction of Zachary T. Holland's wlll. Hardy strenuously denied the assertions made by Jones, who had threatened to have Hardy prosecuted for alleged perjury and for illicit whiskey traffic. Daily Press, Volume 14, Number 28, 5 February 1909 p. 4, col. 4 Hardy Attempts Alibi. SUFFOLK, VA., Feb. 4.- The feature of this morning's session at the trial of Sam Hardy, alleged slayer of T.G. Jones, was evidence meant to prove an alibi for for the accused. A.A. Holland and wife, with whom the prisoner boarded, said Hardy came home at twenty minutes to 9 o'clock on the night of the tragedy, complained of feeling sick and said he would take medicine and retire. Holland said he passed through Hardy's room at fifteen or twenty minutes to 11 o'clock and saw him in bed, his clothes in a chair. The killing of Jones occurred about 10:30 o'clock. The memory of the witseemed defective as to Hardy's movements on preceding and succeeding nights. Times Dispatch, 5 February 1909 p. 3, col. 1 HARDY CASE GOES TO JURORS TO-DAY Trial of Alleged Slayer of Tiberius Jones Is Nearly Ended. SEEKS TO PROVE ALIBI Witnesses Swear Hardy Was at His Home at Time of Murder. [Special to The Times-Dispatch.] SUFFOLK, VA., February 4.- According to the evidence of alibi witnesses in the Nansemond Circuit Court to-day, Sam Hardy was in bed three fourths of a mile away from the death scene when Tiberius Gracchus Jones was shot near his porch steps in Holland last October 26. Mrs. A.A. Holland, perhaps the star witness for the defense, said Hardy came from his store on the night of the tragedy at twenty minutes to 9 o'clock, complained of being unwell, and said he was going to take medicine and retire. Both Mr. and Mrs. Holland testified as to this. Mr. Holland said he and L.H. Whedbee passed through Hardy's bed room shortly after 10 o'clock and saw a man's form, presumably Hardy's, on his bed, went out to an office in the yard, where they retired together about 10:15 o'clock. Mrs. Holland said she went into Hardy's bedroom at a quarter to 11 o'clock, saw him in bed and noticed his clothing on a chair. The killing occurred about 10:30 o'clock. Leonidas H. Whedbee, a guest at the home of the Hollands, corroborated the evidence of his hosts on most points and said he was positive he and Mr. Holland retired at 10:15 o'clock because he looked at his watch. He said it was his custom to consult his watch at bedtime, but he could not tell the time he retired last night or any other night, except October 26. Memory Bad. Mr. and Mrs. Holland failed to remember the movements of Hardy on nights preceding and succeeding the tragedy. Mr. Whedbee was warned of impeachment, and this afternoon John Letcher Gay swore that Whedbee told him not long after Hardy's arrest that he (Whedbee) and A. A. Holland left the house on the night in question about 9:30 o'clock, and that they did not pass through Hardy's bedroom, but saw through a door, barely ajar, the form of a man in bed. Whedbee afterwards was introduced by the defense in surrebuttal, but was not allowed to testify. Whedbee and Gay this afternoon had some warm words on the street, but no blows were passed. Everett Holland, a half-brother of Colonel E.E. Holland, State Senator, who was a social visitor at the Holland house, sald it was 9:45 o'clock when he left. A statement the witness had made to Commonwealth's Attorney Burges in his office, declaring that Whedbee and Holland left the house before he did, was read. The witness said he had changed his mind about this declaration after talking with S.E. Everett, of defense's counsel, and now was not sure that he saw Whedbee and Holland that night. Doc. J. Daughtry [sic; Daughtrey] said he saw Hardy sell a gun on October 20 to a stranger he had not seen before, nor has seen since, for $15. He said the purchaser was a white man, who drove away from Hardy's store in a buggy after inquiring the way to Somerton. Great Crowd Present. To-day's crowd was the largest of the trial. Nearly every clergyman in town was present, besides a few from a distance. The evidence is nearly all in, and Judge McLemore announced this evening that the case should get to the jury Friday night. After adjournment this evening the attorneys argued instructions, which were agreed to with little difficulty. Several of the instructions granted were lifted bodily from those given in the case of former Mayor Samuel McCue, the convicted Charlottesville wife-murderer. During the cross-examiation to-day of B.R. Daughtry [sic; likely Doughtie], a defense witness he became excited at questions from Colonel Cabell, slapped his hands together, and asked protection of the court, saying he had come to tell only the truth. The defense's lawyers advised him to keep quiet, and the incident passed. Times Dispatch, 6 February 1909 p. 3, col. 4 HARDY'S FATE IS IN JURY'S HANDS Hearing of Alleged Slayer of Tiberius Jones Was Concluded Last Night. [Special to The Times-Dispatch.] SUFFOLK, VA., February 5.- After four trial days, when court adjourned at 6 o'clock this evening all evidence was concluded in the murder trial of Sam Hardy, alleged slayer of Tiberius Gracchus Jones, and five attorneys had made speeches to the jury in this order: Robert Walter Withers, for the State; Seth Edward Everett, for the defense; James U. Burges, for the State; Judge R.H. Rawles, for the defense; Judge Thomas H. Willcox, for the defense. There was a night session, beginning at 8 o'clock, when Colonel George Carrington Cabell closed for the Commonwealth, and the case was given to the jury at a late hour. Amid the oil lamps' flickering flare Hardy was told time and again by Colonel Cabell, a finger of accusation pointing into his face, that he was the slayer of Tiberius Gracchus Jones. Dramatic, pathetic, appealing and at times almost tragic in his intensity, Colonel Cabell in a speech of nearly three hours, closed the case for the Commonwealth. The case was given to the jurors at 11 o'clock. They immediately were put in charge of sworn deputies and will not render a verdict before to-morrow. Colonel Cabell discredited and excoriated some of the defense's witnesses, analyzed the evidence and closed with a touching and realistic reproduction of the death scene. The packed mass of humanity on the inside, with others struggling for a look-in from the doors and windows, heard with almost breathless interest the closing presentation, the impressiveness of which approached the dramatic: "I may get assassinated here to-night," Colonel Cabell declared, "I don't know, but so help me God, I am going to do my duty if they have to carry me to Norfolk feet foremost." The speech was a fitting finale to a series of sensational incidents, and is acknowledged by other strong attorneys who appeared in the case as the most powerful plea made during the trial. It is the prevailing sentiment that, if a verdict be reached, it will find Hardy blameless. This morning Dr. J. Daughtrey, who yesterday swore he saw Hardy sell his hammerless gun to a stranger six days before the murder, was discredited by three other witnesses, two of whom are his brothers, who testified that Daughtrey told them he did not know anythlng about the case. George Wiggings [sic; Wiggins], colored, who, the defense's witnesses said, had threatened Jones, denied the statement, and claimed his relations with the deceased were friendly. Several character witnesses were introduced to establish the reputation for veracity of Leonidas H. Whedbee, whose testimony yesterday was impeached by J. Letcher Gay. Defense's lawyers appealed to the jury not to bring a compromise verdict of imprisonment, but to either acquit the prisoner or find a verdict of first degree murder. The State claims that its chain of circumstantial evidence is strong enough to secure a conviction. Daily Press, Volume 14, Number 30, 7 February 1909 p. 1, col. 6 FIRST DEGREE MURDER Samuel Hardy Convicted of Assassination of T. G. Jones. A WILL FIGURED IN THE TRAGEDY Victim of Murder Was Shot Down At His Own Door and Convicted Man Was Soon Afterward Arrested - Attorneys May Appeal. SUFFOLK, VA., Feb. 6.- Samuel Hardy, a merchant and choir singer, who figured in the sensational Holland will case was, shortly before noon today, found guilty of murdering the first degree for killing Tiberious Gracchus Jones in October of last year. The case was given to the jury last evening at 6 o'clock. When court reconvened this morning they had not agreed. They retired at 10:15 and brought in the verdict forty-five minutes later. They took but one ballot. When the verdict was read the prisoner turned deathly white, but never moved a muscle. His lawyers said they would appeal the case. Sentence was, therefore, not passed upon the prisoner. The argument closed last night at 10:30 o'clock. Colonel George C. Cabell, of the prosecution, making the last appeal. Speeches to the jury were made in this order: Robert Walter Withers, (Continued on Fifth Page) p. 5, col. 4 FIRST DEGREE MURDER (Continued From Page One.) for the State; Seth Edward Everett, for the defense; James U. Burges, for the defense; Judge R.H. Rawles, for the defense; Judge Thomas H. Wilcox [sic], for the defense; Colonel Cabell, for the prosecution. Discredited Evidence. Dr. J. Daugherty [sic; Daughtrey], who Thursday swore be saw Hardy sell his hammerless gun to a stranger six days before the murder, was discredited by three other witnesses, two of whom are his brothers, who testified that Daugherty told them he did not know anything about the case. George Wiggins, a negro, who, the defense's witnesses said, had threatened Jones, denied the statement, and claimed his relations with the victim were friendly. Several character witnesses were introduced to establish the reputation for veracity Leonidas H. Whedbee, whose testimony yesterday was impeached by J. Letcher Gray. Defense's lawyers appealed to the jury not to bring in a compromise verdict of imprisonment, but to either acquit the prisoner or find a verdict of first degree murder. Will Cause of Murder. The story of the crime begins with the contested will of Zachary T. Holland. Tiberius Gracchus Jones accused Hardy of having said the will was burned in his presence. He also threatened him with prosecution for selling whiskey without a license on the night of Oct. 26, 1908. Jones was assassinated at his own door and Hardy was later arrested for the crime. The verdict was received by the throng in the court room with death-like silence. James Brittain was foreman of the jury. Judge R.H. Rawles, of counsel for the defense, made a motion for arrest of judgment for a new trial on the grounds which will be later stated to the court. Times Dispatch, 7 February 1909 p. 4, col. 5 JURORS WEEP AS VERDICT IS READ Affecting Scene in Court When Sam Hardy Is Condemned to Die. [Special to The Times-Dispatch.] SUFFOLK, VA., February 6.- Without the contraction of a facial muscle, the trembling of a limb, or the quiver of an eyelid, Sam Hardy to-day heard that he must die. He boldly faced Captain A. P. Gower [sic; Gomer] as he read the verdict, which, unless changed at a subsequent trial, consigns him to the electric chair. A sudden pallor blanched his face. That was all. His remarkable nerve, supported during the trial by the buoyancy of hope, did not desert him in the crucial hour when the death knell was rung. The grave aspect and ominous tread of the jurors as they filed into the box was an ill omen to those in the defense, intuitively they knew the import of the finding before the verdict was announced. Nearly half of the jurors were weeping under the gravity of the burden they bore. Great tears streamed from the eyes of mature and grizzled men, trickled over seamed and bearded faces, fell silently to the floor. It was a prayerful and religious jury, whose members realized the responsibility of their oaths and the meaning they carried. Before beginning their deliberations every member of the jury bowed his head and engaged for some minutes in silent prayer. Indeed, it is said, the jury has conscientiously held prayers twice every day since the trial was begun. The jurors were not the only ones whose eyes were dimmed. One of the victim's brothers broke down and cried like a child. All of the brothers expressed sympathy for the prisoner and indicated their intention to send or carry messages of condolence. When the verdict was given, Judge Rawles, of the defense's counsel, at once gave notice of a motion to have the verdict set aside on the usual grounds of being contrary to law and evidence. A day will be set for the argument of the motion. The jury to-day was out forty minutes before returning with its finding. A portion of this time was occupied with prayer and other preliminaries. The jury took only one ballot. The verdict of death was unanimous. Times Dispatch, 9 February 1909 p. 3, col. 3 Expects New Trial. [Special to The Times-Dispatch.] NORFOLK, VA., Februarv 8.- Judge T. H. Willcox, who assisted in the defense of Samuel Hardy, convicted on Saturday of murder in the first degree in the shooting of Tiberius G. Jones, is confident that the condemned man will receive a new trial. He does not even believe that an appeal to the Supreme Court will be necessary, although this will be the procedure in the event the motion is turned down by Judge McLemore. Times Dispatch, 10 February 1909 p. 5, col. 3 On Technical Grounds. [Special to The Times-Dispatch.] NORFOLK, VA., February 9.- It is now said that counsel for the defense in the case of Samuel Hardy, convicted at Suffolk of the first degree murder of Tiberius Gracchus Jones, of Holland, Va., will rely almost entirely upon technical grounds to secure for Hardy a new trial. At the beginning of the trial counsel for the accused demurred to the indictment and moved that it be quashed. This was not argued at the time and the court overruled both the demurrer and motion to quash. While the grounds of these motions are not being stated, it is declared that counsel for Hardy expect to show to Judge McLemore that he erred in not quashing the indictment and thus secure for the prisoner a new trlal. The record in the Hardy case is being transcribed in this city by Stenographer D.S. Phlegar, who took the evidence at the trial. The record is a very long one, and it will take some days to complete it. Daily Press, Volume 14, Number 33, 11 February 1909 p. 6, col. 4 TECHNICAL GROUNDS. Hardy Appeal Will be Based on Judge's Ruling. NORFOLK, VA., Feb. 10- It is to-day reported that counsel for the defense in the case of Samuel Hardy, convicted in Suffolk of the first degree murder of Tiberius Gracchus Jones, of Holland, Va., will rely upon technical grounds to secure for the condemned man a new trial. At the beginning of the trial counsel for the accused demurred to the indictment, and moved that it be quashed. This was not argued at the time and the court overruled both the demurrer and motion to quash. While the grounds of these motions are not being stated, it is declared that counsel for Hardy expect to show to Judge McLemore that he erred in not quashing the indictment and thus secure for the prisoner a new trial. The record in the Hardy case is being transcribed in this city by Stenographer D. S. Phelger, who took the evidence at the trial. The record is a very long one and it will take some days to complete it. Times Dispatch, 20 February 1909 p. 3, col. 4 MOTION PICTURES ARE REPRODUCED They Might Be Pictorial Reproduction of Incidents in T. G. Jones Tragedy. [Special to The Times-Dispatch.] SUFFOLK, VA., February 19.- The motion picture films which were witnessed by the jury which convicted Sam Hardy of Tiberius Gracchus Jones's murder to-day were reproduced in the presence of attorneys and others. The defense's lawyers claim that the pictures presented in one of the death scenes - "Vengeance In Normandy" - bear a remarkable similarity to the incidents connected with the Jones tragedy, and they will use the fact of the jury having been allowed to see them while hearing the murder case as the basis of a motion for a new trial. Lawyers say it was a most remarkable series of coincidents which led to the jury's theatre experience, and that an artist who had heard the murder evidence could not have pictured the tragic events more faithfully than they were portrayed in the Normandy tragedy. Daily Press, Volume 14, Number 44, 25 February 1909 Thurs. p. 3, col. 2 Z. T. JONES' SISTER DEAD. Sad News Received by Accused Causes Postponement of Trial. The case of Z. T. Jones charged with attempted criminal assault, which was to have been taken up in the Corporation Court today, has been postponed until Monday. The accused yesterday received a telegram announcing the death of his sister at Windsor, Va., and he left at once to attend the funeral. Mr. R.M. Lett, counsel for Jones, and Commonwealth's Attorney Berkeley, agreed to postpone the trial until Monday, and Judge Barham will set the case for that day. Soon after Jones' arrest on this charge his brother was killed at Holland, Va. Daily Press, Volume 14, Number 46, 27 February 1909 p. 1, col. 1-2 MANY CONDEMNED TO ELECTRIC CHAIR Two Negroes and Three Whites Will Expiate Crimes Unless Executive Clemency Intervenes. RICHMOND, VA., Feb. 26- Two negroes are to be put to death in the electric chair here within the next few weeks for assaults upon girls of their own race. Howard Toler having been convicted in the Circuit Court in Pulaski yesterday for attacking Ollie Lee Morrison, 9 years old, and Perry Seaborn having been found guilty February 2 in Emporia of the capital offense. Judge Massie yesterday sentenced Toler to pay the death penalty April 9. Judge Jesse F West, on February 3. sentenced Seaborn to die in the electric chair March 12. The trial of Toler in Pulaski yesterday was swift justice, as the assault was made Wednesday, and the sheriff captured Toler about four miles from that city and hurried him to jail. Judge Massie was holding court and immediately prepared for the trial of the negro. F.W. Morton and M.C. Gilmer were appointed by the court to defend the negro. When the case was called yesterday the court-room was packed with people curious to hear the evidence. Commonwealth's Attorney John S. Draper put on a few witnesses for the State and made out such a strong case that the negro, when put on the stand, confessed to the whole truth, giving the details of the crime, and asking for mercy. The jury was out for only a few minutes and returned with a verdict of "guilty." A guard at the penitentiary this morning said Seaborn has already been brought here and is among the three or four other condemned men awaiting electrocution within the next few weeks. Seaborn was convicted of criminal assault upon a negro girl and forcing her at the point of a gun to disclose the whereabouts of all the money she possessed, which was $60. The negro was arrested about two weeks before his trial, the capture being made by Deputy Sheriff Saunders in Suffolk. He has already served a five-year sentence in the penitentiary for burglary, having been convicted in Southampton county. March will probably be the death chair's busiest month since it began operation in October, when Henry Smith, a Portsmouth negro, was the first man to pay the capital offense penalty by electrocution in Virginia. Elijah Wright, a middle-aged man, is the last white man under sentence of the old law to hang in Virginia. He was convicted of the murder of William Seifers, in Dickenson county, but was respited. Joseph Payne, of Bedford county, is the last negro under sentence to hang in Virginia. He was convicted of murdering his father-in-law, Redd Swain. Probably the most brutal crime for which the death penalty is to be inflicted, was that of Felix Christian, the Botetourt county negro, who is to be electrocuted March 22 for assaulting and murdering the little Dobbs girl at Glen Wilton. Two white men are to die in the electric chair unless they get new trials or their sentences are commuted. They are Samuel Hardy, of Holland, Va., convicted of the murder of Tiberius Gracchus Jones, and Benjamin F. Gilbert, found guilty of the murder of his sweetheart, Miss Amanda Morse, on a bridge at Norfolk. Gilbert is to be electrocuted March 19. Times Dispatch, 6 March 1909 p. 6, col. 6 ATTORNEYS SECURE HOLLAND'S LIBERTY They Take Advantage of Absence of State's Lawyer and Witnesses. SUFFOLK, VA., March 5.- By the skilful pressing of an advantage when the State was not prepared for immediate trial, the lawers representing Sam Peter Holland, accused of perjury in connection with the murder trial of Sam Hardy, convicted of killing Tiberius Jones, to-day secured for Holland a nolle prosequi before Justices Deberry and Harrell. The case had been twice continued before to-day. This morning the prisoner was in court with his bondsmen, witnesses and lawyers. The State's Attorney was not in town, and the Court sent for Robert W. Withers, who had been associated with the prosecution in the Hardy trial. Withers pleaded unpreparedness. He did not know that he would be called to prosecute the case, and the State's witnesses were not present. Withers argued for a continuance and the defense for an immediate trial. It is possible, but not likely, that Holland may be rearrested. Times Dispatch, 9 March 1909 p. 3, col. 5 DATE IS FIXED. Arguments on Motion for New Trial Will Be Heard March 19. [Special to The Times-Dispatch.] SUFFOLK, VA., March 8.- Friday, March 19, has been set by Circuit Judge James L. McLemore for hearing arguments on the motion for a new trial for Sam Hardy, convicted of killing Tiberius Gracchus Jones at Holland October 26 last. Besides the allegation that the verdict may have been influenced by the jury having witnessed motion pictures portraying tragedy scenes, it will be argued that the judge erred in the admission of evidence showing that Jones came to Suffolk on the day of the tragedy to prefer perjury charges against Hardy, and that the jury was improperly summoned. Times Dispatch, 12 March 1909 p. 9, col. 7 Cell Room With Hardy. [Special to The Times-Dispatch.] SUFFOLK, VA., March 11.- Fairlee F. Brinkley, the Democrat committeeman who was fined $500 and sent to jail for fracturing the skull of Ernest E. Wilson, a former rival in love, has been given cell space with Sam Hardy, convicted of killing Tiberius G. Jones. Hardy's prison chamber is furnished with a new bed, rocking chairs, centre table, mirrors, rugs and reading matter. They have many visitors, flowers and table delicacies. Times Dispatch, 21 March 1909 p. 4, col. 7 HARDY FIGHTING FOR A NEW TRIAL Arguments Concluded, and Court Now Has Matter Under Consideration. [Special to The Times-Dispatch.] SUFFOLK, VA., March 20.- After hearing half a dozen attorneys argue for two days on the motion for a new trial for Sam Hardy, convicted of first degree murder for killing Tiberius Gracchus Jones at Holland October 26 last, Circuit Judge McLemore this afternoon took the matter under advisement, but has not yet announced his decision. The principal grounds relied upon by the defense to get another chance for Hardy are that the jury was allowed to witness tragic scenes in a motion picture show two nights; that there was an error in the venire facias, and that evidence tending to prove that Jones came to Suffolk on the day of the tragedy to push perjury proceedings against Hardy in connection with the Zachary Taylor Holland will case was improperly admitted. Attorney Withers to-day characterized moving picture pleas as frivolous to a point approaching the ridiculous and as an insult to the intelligence of the jury. Daily Press, Volume 14, Number 86, 16 April 1909 p. 4, col. 3 HARDY DENIED NEW TRIAL AND IS SENTENCED Convicted Murderer of T. G. Jones Goes to Electric Chair on June 5. SUFFOLK, VA., April 15.- Judge James L. McLemore today refused to grant a new trial to Samuel Hardy, under sentence of death for the murder of Tiberius Gracchus Jones. The opinion read by the court in denying the motion of Hardy's lawyers covers seventeen typewritten pages. When Hardy was asked, if he had any plea to make why sentence should not be pronounced, he said: "Judge, I can only say what I have said before, that I am innocent." Judge McLemore then sentenced Hardy to die in the electric chair, June 25th. His counsel announced that an appeal would be taken to the State Supreme Court. Hardy was placed in the murderer's cell and the death watch set. He was calm all through the scene, which was most dramatic. The court room was crowded. All the lawyers were present except Col. George C. Cabell, Jr. Times Dispatch, 16 April 1909 p. 9, col. 5-7 SAM HARDY HEARS DOOM PRONOUNCED Judge McLemore Sentences Him to Die in Electric Chair June 25. NEW TRIAL IS REFUSED Case Will Now Be Taken to the Court of Appeals. [Special to The Times-Dispatch.] SUFFOLK, VA., April 15.- Sam Hardy this morning heard for the second time that he must die for the murder of Tiberius G. Jones. Sitting motionless in Nansemond county courthouse, his eyes glued upon the face of Circuit Judge McLemore, as he read the reasons why a new trial was denied, the noted prisoner, formerly a merchant and choir singer, heard his hopes dashed asunder - heard the designation of his day of doom. Hardy was not excited, and his emotion was not demonstrative, but the reading had not proceeded far before the prison pallor became a shade more pronounced, and there was a deepening of the lines of care. Hardy's hands were tightly clasped across his lap, and neither they nor any other part of his person were perceptibly moved throughout the entire reading of the opinion, which consumed thirty-two minutes. Throughout the rendition Judge McLemore read in a well modulated voice, but when the opinion was concluded and he said the words which meant death unless they be set aside, he became much affected. His voice trembled and quivered with emotion. There was a slight hesitation, and self-control was maintained with difficulty. It was a pathetic scene. The crowd remained tense in silence. Court Affected. The court at this juncture was more affected than the prisoner. Asked if he had anything to say, Hardy replied in a firm voice, standing: "Nothing, only what I have said before, judge. I am absolutely innocent." The prisoner remained standing until one of his lawyers told him to sit down. Judge McLemore first suggested June 4 as the time for the execution, but upon the insistence of defense's counsel the date was changed to June 25. Judge Willcox said he wanted plenty of time for action by the Supreme Court, and warned against a repetition of occurrences in the Gilbert case. The attorneys, after sentence was said, went into a consideration of the bill of exceptions, which will go before the Court of Appeals. The prisoner, walking with a firm step, was led away to jail. He now pins his waning hope on the action of the appellate court. If no favorable action comes from that body the Governor of Virginia will finally be appealed to as a last resort. Courtroom Crowded. The courtroom was comfortably packed, but the spectators were mostly town people. There was noticeable lack of the large assembly of persons from the county who flocked in such numbers during the days of the trial. Hardy, entering the room, removed his soft, dark hat and sat down as the deputies took off the wrist steels. Hardy shook hands with a few friends sitting nearby. All of the attorneys on both sides were in court except Colonel George C. Cabell, one of the prosecutors. J. Bunyan Jones, of Norfolk, brother of the deceased, sat at the table occupied by the prosecutors, as also did Hendricks Jones, son of the deceased. Several times during the reading of the opinion the court was interrupted by Judge Willcox, who asked questions as to the sort of cases on which one phase of the opinion was based, and who at another time declared that the defense had not abandoned any of its contentions. The opinion is regarded by lawyers and laymen as a strong one. Judge McLemore has been much congratulated on the ability of the paper. The motion for a new trial was based on the contention that the venire facias was void; that uncommunicated threats and impersonal threats were improperly admitted as evidence; that the jury was allowed to witness a motion picture show projecting tragic scenes, and that the verdict was contrary to law and evidence. Judge McLemore has never yet been overruled by the Supreme Court. Hardy is the first prisoner on whom he has inflicted the death sentence. Deputy Sheriff Grover Cleveland Griffin acts as day death-watch and the night vigil is kept by Fairlee F. Brinkley, his cellmate, who is serving nine months for fracturing the skull of a former rival in love, Ernest B. Wilson. Times Dispatch, 25 April 1909 p. 5, col. 1 UNLUCKY NUMBER OF EXCEPTIONS Thirteen in Hardy Case, So One May Be Added to Ward Off "Hoodoo." [Special to The Times-Dispatch.] SUFFOLK, VA., April 21.- The court records of the case of Sam Hardy, sentenced to die June 25, for the murder of Tiberius Gracchus Jones, was completed to-day and, being too heavy for the mails, was forwarded by express to Judge Thomas H. Willcox, of defense's counsel, Norfolk. There were just thirteen counts in the bill of exceptions. After the record had been shipped a local lawyer applled to the court clerk, asking that a fourteenth exception be incorporated. If this is done the unlucky number will be eliminated. Hardy maintains his good cheer and seems hopeful and unafraid. He had many visitors to-day, including several women, from Holland, his old home. One of his most frequent callers is a local clergyman with whom the prisoner whiles away a portion of his time playing chess. Hardy will be removed to the penitentiary some day between May 25 and June 10. Daily Press, Volume 14, Number 109, 14 May 1909 p. 4, col. 4-5 HARDY GETS NEW LEASE UPON LIFE Supreme Court Grants Writ of Error in Case of Convicted Murderer of Jones. RICHMOND, VA.. May 13- The Virginia Supreme Court of Appeals today granted a writ of error and supersedeas in the case of Samuel Hardy vs. the Commonwealth, which comes up from the county of Nansemond on a judgment rendered in April, 1909. Samuel Hardy is the man convicted of the murder of Tiberius Gracchus Jones in the little village of Holland, and unless the State's highest court finally decides in his favor, he will meet his doom in the electric chair. Today's action of the tribunal, it should be understood, merely implies that the prisoner now has a fighting chance for his life. It means that the judges see enough in his petition to merit their looking further into the matter. The record in this case is a most voluminous one, as the petition for the writ of error alone covers about eighty pages of typewritten matter. Accompanying this document are several photographs showing scenes associated with the crime, and what is more grewsome still, the pistol and a part of the gun which figured in the homicide. Two Exhibits Unwrapped. Neither of these two exhibits was unwrapped today, and Clerk Stewart Jones handled them as if they had been red-hot coals. He said that the court, since his incumbency in office, had received many odd things in the shape of exhibits, but that this was the first time he had ever handled weapons connected with a murder. The story of the Hardy-Jones homicide is a highly interesting though decidedly complicated one, and if the contentions of the Commonwealth be true, it was the sequel of another court case which also attracted wide attention. On the evening of October 26, 1908, after the victim of the crime had been with J.H. Joyner, he left the latter in the village of Holland and was about to enter the eastern gate leading to his premises, when he was shot down by some person or persons then unknown. Jones received two wounds in his abdomen, made by No. 6 shot evidently fired from shotgun, and three wounds made by pistol bullets. Either the gun or the pistol wounds would have sufficed to end the life of the man. Victim Was Not Sure. Mr. Joyner, who hurried to the scene on hearing the reports, found Jones in a dying condition. Jones then remarked that it was too dark for him to see the person who shot him, but that he believed he had been wounded either by Luke or Samuel Hardy. A short while later - and only a few hours before he died that night - Jones made the statement that he had been shot "for telling the truth in reference to the will of Zachary Holland." On the day following the killing the scene of the shooting was examined, and near the gate was found the forearm of a gun - that is, the wooden part of the weapon, which serves to connect the barrel and stock. The doctors, too, in examining Jones' wounds, removed a piece of wadding which had evidently been fired with the load from the shotgun. This wadding had on it the name of a certain concern which manufacturers ammunition. Clew Against. There were important clews, as the prosecution was able to establish the ownership of a gun by Hardy which had a way of casting its forearm. Then, too, it was known that as a merchant he handled ammunition from the concern whose name appeared on the wadding. It was further alleged by the State that Hardy, on the day following the homicide, got into a wagon and was driven four miles from his home to a place in the woods where he spent some time. It was charged by the prosecution that this trip was made by Hardy so he could prevent his trail being followed by bloodhounds taken to the scene of the killing. Of course the petition of the accused denies all of the conclusions reached by the lawyers representing the state, but to a layman the record certainly adduces facts which lead to a strong suspicion of guilt. Motive For Crime. The motive for the crime, as has been intimated, is found in the controversy growing out of the litigation over the will of Zachary Holland, who died a year or more ago, leaving a large estate. At first it was thought Mr. Holland had died intestate, which would have required the court to divide the property according to the statute of descends and distributions. Tiberius Gracchus Jones came forward, however, and asserted that he had heard that Mr. Holland had made a will, but that it bad been destroyed by certain members of the Holland family, whose interests would have suffered had the will been duly probated. This information, coupled with other circumstances, threw the matter into the chancery court. As a witness, the ill-fated Jones testified that his information about the destruction of the will and about its provisions, had come from Hardy, the man now accused of murdering him. Hardy denied that he had said anything about the destruction of the will, but did admit that he had, at one time, said that Mr. Holland had made a will. Two Men Become Enemies. After this incident, Jones and Hardy became enemies, and Jones took occasion to say that he knew of certain illegal transactions concerning the sale of liquor, in which Hardy had been engaged. He even threatened to have him prosecuted. Friendly relations between the two men had not been resumed at the time of the killing. The defense, however, insists that the men had been so long estranged, that it is unjust to infer that Hardy would at so late a date, have killed Jones. Hardy's counsel raised many technical points in their petition, and the record cites a number of alleged errors on the part of the lower court, as well as a defect in the writ of venire facias. Evidently the Supreme Court judges see something in at least one of these exceptions, for otherwise the accused would have been allowed to go to the electric chair without any stay of execution. Times Dispatch, 14 May 1909 p. 4, col. 1-2 HARDY LAUGHS IN DEATH CHAMBER Gives Way to Joy When News of Court's Action Reaches Him. HAS NEVER LOST HOPE He Declares That Writ of Error Did Not Come as Surprise. [Special to The Times-Dispatch.] SUFFOLK, VA., May 13.- Sam Hardy, under sentence to die June 25 for the murder of Tiberius Gracchus Jones at Holland last October 26, this evening heard with unrestrained joy that the Supreme Court had granted him a writ of error. Although he had never lost hope or cheerful bearing, even when prospects were darkest and the chair seemed nearest, Hardy was elated when first told by Attorney Seth Edward Everett of the Supreme Court's action. "It sounds good to me," said Hardy with a laugh which sifted out beyond the death chamber and echoed through the stone and steel corridors of the jail. But for the fact that Hardy is given to boisterous outbreaks of mirth, which have lost little of their volume since he has been in the shadow of death, his exuberance may have seemed assumed, but it was not. It carried a ring which belied the counterfeit. This was the first interview Hardy has given to a newspaper man since his trial began. Not a Surprise. "The writ, although welcome news to me, is not a surprise," the noted prisoner said. "I have been expecting it. I have always protested my innocence and have felt that my wrongs would be righted. There is a verse from the Psalms which has brought me courage and constant consolation, which goes something llke this: "I have been young and now am old, yet have I not seen the righteous forsaken, nor his seed begging bread." "I have felt and known that the tear-mingled prayers of my dear old mother and aunts have not been in vain." Hardy sleeps well and eats heartily. This afternoon there were several vases of flowers in his cell window and on the centre table. His chamber is well furnished wlth rockers, mirrors, reading table, a large bed and other conveniences. Hardy says that he holds no ill feelings toward the jury which convicted him, for he realized the sentiment against him, but he hoped that this, in a considerable degree, is being dissipated. Hardy, who was to have been conveyed to the State penitentiary about the last of May, will remain here until the case is reviewed by the Supreme Court next November. State's Attorney James U. Burges declared to-night that the writ is not significant, for in a majority of capital cases in which a writ of error is granted, the new trial is subsequently denied by the court. WRIT OF ERROR IN HARDY CASE Man Convicted for Murder Given New Trial by State Supreme Court. In the State Supreme Court yesterday a writ of error was granted in the case of Hardy against the Commonwealth, from the Circuit Court of Nansemond county. The case is one of the most interesting in the criminal annals of the State. Samuel Hardy, a young merchant in the town of Holland, was convicted in April for the murder of Tiberius Gracchus Jones, the sentence of the court being death by electrocution. The two men had trouble after it was alleged that Jones had circulated a report that Hardy told him that Zachary Holland, a wealthy citizen who had recently died, left a will, and that it had been destroyed by members of the family. Hardy denied ever having made such a statement, bad blood developing between them from that time. The shooting took place as Jones was entering his front gate on the night of October 26, 1908, and though there were no eyewitnesses, suspicion soon fell upon Hardy as the man who committed the crime. He was finally arrested, tried and convicted, the Commonwealth forging about him a strong chain of circumstantial evidence. Hardy had the benefit of able counsel. His lawyers alleged many errors in their petition for the writ or error. Times Dispatch, 10 November 1909 p. 8, col. 1 COURT BEGINS TO-MORROW Commonwealth Cases Likely to Be Disposed Of on First Day. Attorney-General Anderson's absence in New York will make it impossible for him to be present at the opening of the fall session of the Supreme Court of Appeals to-morrow. In his letter to Colonel Catlett he asks the latter to see that the case of Samuel Hardy against the Commonwealth, which is No. 3 on the argument docket, is passed for the present. Case No. 1 is that of James White vs. the Commonwealth. This will be argued. Case No. 2. that of W.B. Samuels vs. the Commonwealth, will be passed along with the Hardy case. Nos. 3 and 4, being Charles Lilly vs. the Commonwealth, and W.D. Edmonston vs. the Commonwealth, are likely to be submitted on briefs, and it is understood that the Commonwealth practically admits error in these cases. Case No. 6, Frank Dix vs. the Commonwealth, and case No. 7, Myers, Receiver, vs. the Commonwealth, will not be heard in their order. Camp Manufacturing Company vs. the Commonwealth, case No. 8, will be heard, as will No. 10, Commonwealth vs. the Virginia Bank and Trust Company. The Richmond, Fredericksburg and Potomac case, No. 9, will be passed, while No. 11, which is the new case of Harris vs. the Commonwealth, from Fauquier county, will be passed until the January term. It therefore becomes evident that the Commonwealth causes will be completed and the privileged cases reached by the end of the first day's session, and almost certainly will this be the case by Friday. Three of these will he heard at this term, while No. 4, Beury et als. vs. Davis, will be passed until January. Times Dispatch, 12 November 1909 p. 10, col. 5 QUICK WORK DONE IN SUPREME COURT Commonwealth Docket Called and Privileged Cases Reached. ATTORNEY-GENERAL ABSENT Several State Cases Passed and Others Submitted on Briefs. As the result of the absence in New York of Attorney-General Anderson, which caused the passing of some of the Commonwealth cases, the Supreme Court yesterday completed the calling of the State docket, passed the Corporation Commission case, and disposed of cases No. 1 and 2 on the privileged docket. Judges Keith, Cardwell, Harrison and Whittle were on the bench when the fall term of Virginia's highest tribunal was begun. Judge Buchanan, who is in a hospital, could not attend. Quite a number of attorneys were in the courtroom. The first case called was that of James White against the Commonwealth. By consent of the parties this was submitted to the court on briefs without argument. The same proceeding was had in case No. 2, that of W.B. Samuels against the Commonwealth. Samuel Hardy against the Commonwealth came next. The prisoner is under sentence of death for the murder of Tiberius Gracchus Jones, in Suffolk, some months ago. This was passed for the present, and will come up later during the term, on motion of the Attorney-General by his assistant, Colonel Robert Catlett. [...] Times Dispatch, 2 December 1909 p. 8, col. 5 RAILWAY CASE IN JANUARY R., F., & P. Tax Issue to Be Passed On by Supreme Court. The case of the Commonwealth against the Richmond, Fredericksburg and Potomac Railroad, involving large amounts of taxes which the State claims from the railroad, will probably come up for hearing in the Supreme Court of Appeals on January 5. The hearing had been set for December 7, but a change was made necessary because of the early adjournment of the court. The court meets on January 4, and the first cases to be heard will be criminal ones, of which there will probably be only two. The first is the case of Samuel Hardy, the Nansemond county murderer of Tiberius Gracchus Jones. Times Dispatch, Number 18,125, 4 January 1910 p. 10, col. 1 MURDER CASE UP IN SUPREME COURT Hardy Appeal to Be Argued To-Day - R., F. & P. Tax Case Wednesday. Of life or death interest to one man is the first case to be argued before the Supreme Court of Appeals of Virginia when it reconvenes for the winter term at 10 o'clock this morning. This case is that of Samuel Hardy against the Commonwealth. Hardy was convicted on April 15, 1909. of the murder on October 26, 1908, in Nansemond county, of Tiberius Gracchus Jones. The evidence indicated that the men had been on bad terms for some time prior to the shooting, but was entirely circumstantial, except for Jones's dying declaration that he believed Hardy did the killing. The trial in the lower court resulted in a verdict of murder in the first degree, to which a writ of error was granted, acting as a stay of Hardy'a execution in the electric chair. The second case on the docket is that of Frank Dix against the Commonwealth, a liquor-selling case from Lancaster county. It is expected that the Hardy case will consume all of to-day, and that if the Dix case is heard it will take only a short time to-morrow. Times Dispatch, Number 18,126, 5 January 1910 p. 10, col. 2 SAM HARDY CASE IS PARTLY ARGUED Supreme Court Begins Winter Term - R., F. & P. Case Up To-Day. Three speeches were made yesterday in the Samuel Hardy murder case before the Supreme Court of Appeals, and this morning, after the closing address by Hill Carter, of Richmond, for the prisoner. Hardy's fate will be in the hands of the court. Judges James Keith, R.H. Cardwell, George M. Harrison and S.G. Whittle were on the bench when the court convened for the winter term. Judge Buchanan was the only absentee. Argument in the murder appeal from the Circuit Court of Nansemond county, was begun by Judge Thomas H. Willcox, of Norfolk, for the prisoner, who reviewed the case from the beginning. He was followed by Attorney-General William A. Anderson, for the Commonwealth, and by Robert W. Withers, of Suffolk, also for the prosecutlon. At the conclusion of the argument of Mr. Withers court adjourned for the day. No opinions will be handed down this week, but quite a large batch is expected on Thursday of next week, including most or perhaps all of the cases heard, but not decided at the fall term. Times Dispatch, Number 18,127, 6 January 1910 p. 10. col. 4 Hardy Case Is Submitted. [...] Hardy Case Submitted. The fate of Samuel Hardy is now in the hands of the court. Upon the opening of yesterday's session, Hill Carter, of Richmond, made the final argument for the Nansemond county prisoner, who is under sentence of death for murder. A decision is likely to be rendered within two or three weeks. Following the Hardy case, the cause of Frank Dix against the Commonwealth was argued by W.B. Sanders and T.J. Downing, for the plaintiff in error, and by Assistant Attorney-General Robert Catlett, for the Commonwealth, and submitted. Dix was convicted on January 22, 1909, in the Circuit Court of Lancaster county of unlawfully selling liquor, and was fined $75 and put under a bond of $500. The absence of a material witness is the main ground for the contention for a new trial. Times Dispatch, Number 18,183, 3 March 1910 p. 4, col. 3 Decision Expected To-Day. [Special to The Times-Dispatch.] Suffolk, Va., March 2.- Attorneys on both sides are expecting a decision to-morrow by the State Supreme Court in the case of Sam Hardy, convicted murderer of Tiberius Gracchus Jones, at Holland, October 26, 1908. The case was argued before the court January 4. Times Dispatch, Number 18,191, 11 March 1910 p. 1, col. 3 RIPARIAN RIGHTS SECURED TO CITY. [...] Supreme Tribunal Will Not Interfere With Sentence of Sam Hardy to Electrocution for Murder of Tiberius Jones. Many Other Decisions. [...] Hardy Must Die. In an opinion by Judge R H. Cardwell, the Supreme Court overruled various assignments of error alleged by attorneys for Samuel Hardy, the convicted murderer of Tiberius Gracchus Jones, and affirmed the decision of the Circuit Court of Nansemond county, sentencing him to death in the electric chair. Hardy's crime was committed on the night of October 26, 1908, and the case against him was made out by circumstantial evidence, which attorneys for the prisoner have made every effort to overthrow. The case is probably, from the prominence of the murdered man, the most important of its kind in Virginia in recent years, and the various legal steps taken in an effort to secure a new trial have added increasing interest. "The evidence shows conclusively that the accused had not only a grudge against Jones," writes Judge Cardwell, "but bore toward him a feeling of revenge, and it seemed that he held human life cheap, as it was his first thought to kill the man against whom he held a grievance." Deliberate Murder. Jones was shot down near his gate, not far from Holland, Nansemond county, and in almost his dying breath accused Hardy of the murder. Jones and J H. Joyner had stopped at a magistrate's trial in Holland on the night of the crime, and left together. They had separated where a road divides, and it was not many minutes later that Jones was killed. Suspicion the day following rested on Hardy, and he was arrested. Until a few months before the murder the two men had been the best of friends; but hard feeling began to exist between them over some evidence given in a will case, and later Jones is said to have accused Hardy of selling whiskey without a license, and even threatened to prosecute him for his violation of the law. Jones also alleged Hardy perjured himself in a court trial. Hardy was often heard (Continued on Fifth Page.) p. 5, col. 5 RIPARIAN RIGHTS SECURED TO CITY (Continued From First Page.) to say he would kill Jones, and as on the day of the murder Jones had gone to Suffolk to get legal advice before starting his prosecution, the suspicion strengthened against Hardy. Jury Saw Moving Pictures. Counsel for the accused also alleged the jury was taken, while the trial was on, to a moving picture theatre where they witnessed the enactment of scenes which might have influenced them in the case. Judge Keith views this feature, and while holding that the officers of the court should be severely censured for their act, he does not think from descriptions given of the pictures that they were such as to influence the jury either way. The concluding paragraph of the opinion is: "Upon the whole case we are of the opinion that the verdict against the accused was not only fairly rendered, but is supported by the evidence, and therefore the judgment of the Circuit Court, in accordance with the verdict of the jury, is affirmed." Times Dispatch, Number 18,191, 11 March 1910 p. 4, col. 3 HARDY RECEIVES NEWS OF SENTENCE Expresses Surprise, but Thinks He Will Yet Be Saved From Death. [Special to The Times-Dispatch.] Suffolk, Va., March 10.- Sorely surprised and disappointed, but neither crushed nor hopeless, Sam Hardy to-day heard again that he must sit in a chair at Richmond and sustain the shock that kills. Of all the friends who yet are loyal to the doomed man, none save Governor Mann can stay the verdict of the courts. When told of the finding of the State Supreme Court, Hardy blanched slightly, and appeared incredulous of the words he heard. So confident was the noted prisoner that he would get a new trial that he had to be told over again, before the full meaning sank into his soul. "It can't be so. There was no evidence on which to convict me. I am innocent." These were some of his protestations of surprise and unbelief. Hardy, intensely optimistic by nature, has been in buoyant hopes ever since the writ of error was granted. His inherent good cheer was kept alive and stimulated by the kind words of friends and visitors, and he felt pretty certain that the court would bring a favorable decision. Despite the weight of the blow, the solemnity of the verdict and its meaning to himself, Hardy did not lose self control, and soon was his normal self. "I don't believe yet I shall ever die in the electric chair," the prisoner remarked later on. "I am innocent. I did not kill "Grose" [sic; Grach] Jones, and there has been no evidence produced to sustain such a verdict." Hardy has protested time and time again since his incarceration that he never pulled the trigger which wrought the victim's undoing, and he also has reiterated his cherished hope that he be given another chance by a jury. Sentiment in this section is divided. Hardy yet has many loyal friends who believe he is blameless. Others think if he did not kill Jones, he knows who did, while yet other consider him the assassin. Counsel will begin at once to circulate petitions to Governor Mann, and it appears that hundreds of signatures will be secured. One of his attorneys said this evening that absolute pardon would not be sought, but a commutation of sentence to State's prison. Judge McLemore to-day ordered a death watch put in Hardy's cell. The watch was removed when the Court of Appeals granted a writ of error last year. Judge McLemore will resentence the prisoner next week, naming the day of execution. One of Hardy's visitors to-day was Mrs. A.A. (Gus) Holland, of Holland. He also had visits from clergymen. Times Dispatch, Number 18,192, 12 March 1910 p. 5, col. 5 Judge L. D. Yarrell yesterday sent the following telegram to Samuel Hardy, who is under sentence of death in the Suffolk jail, and to whom the Suprome Court on Thursday refused a new trial: "I have closely followed your case and believe you the innocent victim of a legal game of chess successfully played by the prosecution. I shall urge Governor Mann to pardon you." Times Dispatch, Number 18,204, 24 March 1910 p. 9, col. 6 MANY DESIRE TO SIGN PRAYER FOR CLEMENCY Great Influence Brought to Bear on Behalf of Sam Hardy, Condemned Murderer. [Special to The Times-Dispatch.] Suffolk, Va., March 23.- Few, if any men, ever condemned to die in Virginia, have had displayed so much activity for executive clemency as has Sam Hardy. An attorney says that numbers of girls and young women to-day volunteered to sign for the doomed man. Women will sign separate prayers. About fifty general petitions were sent out Monday. A lawyer to-day estimated that 500 signatures have been secured. At the request of Manager Harris, of the Academy, Senator Isador Rayner is interceding with Governor Mann in Hardy's behalf. Manager Harris to-day had word from Senator Rayner, a personal friend, declaring he already has written the Governor. Times Dispatch, Number 18,196, 16 March 1910 p. 4, col. 4 WILL CARRY CASE TO SUPREME COURT Attorneys for Sam Hardy to Make Effort to Save Their Client. [Special to The Times-Dispatch.] Suffolk, Va., March 15.- Aiming to exhaust every human resource in order to save the life of Sam Hardy, the condemned slayer of Tiberius G. Jones, his attorneys to-day decided to make one more move before finally appealing to executive clemency. They will petition the State Supreme Court for a rehearing. They have until March 20 in which to file petitions with the court, a seemingly groundless rumor that friends may seek to rescue Hardy from the county jail was communicated to him by one of his lawyers. Hardy is reported to have replied that he would not leave the prison if its walls were torn down, but would await the coming of the sheriff; that he preferred to die in the chair an innocent man rather than to be freed by violence. Times Dispatch, Number 18,197, 17 March 1910 p. 4, col. 3 TAKEN TO NORFOLK FOR SAFE KEEPING Judge Fears Hardy's Friends Might Attempt to Liberate Him. [Special to The Times-Dispatch.] Suffolk, Va., March 16.- "Thank you, sir," replied Sam Hardy, when sentenced at noon to-day by Circuit Judge McLemore to die May 20 for the murder of T.G. Jones. The remark was addressed to the court, whose concluding words were a supplication for the Lord to have mercy on the prisoner's soul. Hardy was white with prison pallor, but he stood erect, without a tremor, and was seemingly less moved than the spectators. Asked what he had to say before sentence was pronounced, Hardy replied: "No more than I've said before, judge: I am innocent." Fearing that the local jail might be stormed and the accused rescued by his friends, Judge McLemore this afternoon ordered Hardy removed to the Norfolk city jail, where he was carried by Sheriff Baker and Deputy Griffin. He was shackled to the latter. In the words of the written court order, Hardy's retention here "is liable to result in his escape or liberation." The move of counsel to seek a rehearing before the Supreme Court has practically been abandoned. Times Dispatch, Number 18,199, 19 March 1910 p. 3, col. 5 HARDY IN NORFOLK JAIL Eats and Sleeps Well and Asks That Newspaper Men Be Kept Away. [Special to The Times-Dispatch.] Norfolk, Va., March 18.- Occupying the cell that was last occupied by Eugene Peebles, wife murderer, Sam Hardy, sentenced to die in the electric chair at Richmond for the murder of T.G. Jones, at Holland, Va., is a prisoner in the Norfolk city jail, where he was placed Thursday afternoon. He slept well last night, after eating a hearty supper, it was said at the jail this morning, and early to-day made a special request of Sheriff Lawler that no newspaper men be allowed to see him. He declared that he would not talk to any of them. "He is very grateful for everything that is done for him," said Sheriff Lawler this morning, "and I expect he will be a very good prisoner." Hardy arrived in Norfolk from Suffolk Thursday evening at 5:20 o'clock under the guard of two deputies, and was immediately placed in the city jail. A small crowd had gathered at the corner of Plume and Avon Streets to get a look at the prisoner as he passed into the jail, and he greeted a friend who spoke to him from the crowd. Hardy was sentenced by Judge McLemore to be electrocuted on May 20, but Judge Thomas H. Willcox, counsel for the condemned man, said that petitions are being circulated in Northampton, Isle of Wight and Nansemond counties, asking the Governor to either commute Hardy's sentence to life imprisonment or pardon him. Times Dispatch, Number 18,206, 26 March 1910 p. 7, col. 4 WILL APPEAL TO GOVERNOR. Friends of Samuel Hardy Working Up Petitions in His Behalf. [Special to The Times-Dispatch.] Emporia, Va., March 25.- Two lengthy petitions will go from Greenesville county to Governor Mann in favor of Samuel Hardy, the condemned Nansemond murderer of Tiberius Gracchus Jones. These petitions are being signed by the leading citizens of Emporia and Greenesville county. Commonwealth's Attorney William Powell is working hard in the interest of Hardy, whom he has known since boyhood, and who is a native of this county. All of the clergy, the legal and the medical fraternity have signed the paper presented by Mr. Powell, as have the officers of Greenesville, who feel a deep interest in Hardy and the members of his family, who reside near this city. Times Dispatch, Number 18,210, 30 March 1910 p. 2, col. 5 KILLED BY TRAIN Samuel P. Holland in Fatal Accident at Holland. Norfolk, Va., March 29.- Samuel P. Holland, who was the principal witness for Sam Hardy in his recent trial for the murder of T.G. Jones, was instantly killed to-night by being run over by a Southern Railway train at Holland, Va. Holland was a clerk in Hardy's store, and sold him the gun with which he shot Jones. He was indicted for perjury during the trial in Suffolk, but the indictment was withdrawn. He was accused of swearing falsely, as a witness, for his former employer. Times Dispatch, Number 18,211, 31 March 1910 p. 2, col. 3 WORKING ON THREE THEORIES. Authorities Investigating Death of Holland, Hardy's Star Witness. [Special to The Times-Dispatch.] Suffolk, Va., March 30.- The authorities are looking into the death of Sam Pete Holland, one of the star witnesses in the Sam Hardy murder trial, who was crushed to death by a passenger train at Holland last night. Owing to his prominence in the Hardy trial, the killing was given more than ordinary attention by officials. County Sherlff Baker, Coroner Pretlow, State's Attorney Burgess [sic] and Hurricane Branch, after a day of investigation, concluded their work to-night without having summoned a jury, which will be convened later. State Prosecutor Burgess said to-night that the officials are working on three theories, accident, suicide and murder. The murder theory is based on the allegation that Holland, who was arrested for perjury during the Hardy trial, knew too much for the safety of others who have not yet been arrested. The death has caused a sensation hereabouts. Times Dispatch, Number 18,216, 5 April 1910 p. 7, col. 5 Circulating Petitions for Executive Clemency for Samuel Hardy. Times-Dispatch Bureau. 109 North Sycamore Street, Petersburg, Va., April 4. Petition for Clemency. A petition for executive clemency in behalf of Samuel Hardy, convicted in the Circuit Court of Nansemond county of the murder of Tiberius G. Jones and sentenccd to the death penalty has been largely signed by citizens of Petersburg, and with like petitions circulated elsewhere, will be presented to Governor Mann. The Governor will be asked to commute the death sentence. Times Dispatch, Number 18,237, 26 April 1910 p. 10, col. 4 Appeals for Hardy. Many letters are being received by Governor Mann asking him to extend clemency to Sam Hardy, who is under sentence of death in the electric chair on May 20 for the murder of Tiberius Gracchus Jones in Nansemond county. The conviction in Hardy's case was recently affirmed by the Supreme Court. The formal petition has not yet arrived. Times Dispatch, Number 18,239, 28 April 1910 p. 10, col. 2 PLEADING FOR HARDY Delegation Urges Clemency in Case of Nansemond Convict. A delegation of citizens from the Southside spent several hours with Governor Mann yesterday pleading for the life of Samuel Hardy, who has been sentenced to die in the electric chair on May 20. Hardy was convicted of the murder in Nansemond county of Tiberius Gracchus Jones. Another delegation will, it is understood, come to Richmond for the same purpose to-morrow. Many letters have been received by the Governor in behalf of Hardy, who has apparently many friends in his community. The Executive is carefully reading the record of the case. Some of the representatlves who were closeted with the Governor for three hours yesterday seemed much in earnest. Their voices could be heard all over the upper floor of the Capitol. Times Dispatch, Number 18,240, 29 April 1910 p. 9, col. 1-2 MANY SEEK COMMUTATION Governor Besieged With Petitions [...] CONVICTS SEEKING LIFE Governor Mann Facing Early Action as to Condemned Men. Governor Mann is confronted probably with more impending executions at one time than has ever been the lot of a chief executive in this State. Most of the prisoners have friends working for reprieve or commutation, and the volumes of evidence and petitions before the Governor are giving him a great amount of work. He is reading them all with a view to thoroughly mastering the details of every case. Perhaps the only instance of a death sentence not being asked to interfere with is that of Thomas Noel, of Norfolk county, who is to be eletrocuted on May 13. Noel, who was convicted of the murder of a constable, made a sensational escape together with Elijah Rouse, who was electrocuted last Monday. Noel was shot during the chase, his injuries being so serious that he could not be brought to Richmond the required fifteen days before the execution. For this reason the Governor gave him a reprieve to May 13. He has now recovered from the wound, and is in proper physical condition to receive the electric shock. He was brought to Richmond Wednesday, and is in the penitentiary. Working for Hardy. Persistent efforts are being made on behalf of Samuel Hardy, of Suffolk, who is to die on May 20. Another delegation of citizens will see the Governor to-day. The Supreme Court recently refused to give Hardy a new trial. Belief is growing that a commutaion is coming to Angelo Hamilton, of Lynchburg. After-discovered evidence led the members of the jury to recommend executive clemency, and in view if this fact, it is probable that he may be given a life sentence instead of death in the chair. The date for his execution is May 20. On May 13 the four Alexandria neroes are to die for the murder of Walter Schultz. Reprieve after reprieve has been given three of these men by the present and the late Governor, first to allow an appeal to the Supreme Court and later to await the trial of the fourth man, upon whose evidence the others were convicted. Governor Mann has indicated that he will give no more respites, but that he will at this time reach a final decision. Times Dispatch, Number 18,246, 5 May 1910 p. 8, col. 1 GROWING APPEALS FOR HARDY'S LIFE Another Delegation Coming Saturday - Petitions Sjgned by 2,500 People. WILLIAM JONES RESPITED Negro Gets Extension of Time. Good Roads Spirit in Southwest. Not in years has there been a more strenuous demand for executive clemency in the case of a criminal condemned to capital punishment than has been shown in the instance of Samuel Hardy. The Governor has been literally flooded with petitions and besieged with personal appeals. Several delegations of attorneys and other citizens have already appeared and pleaded Hardy's case. Another group of those interested has an appointment with the Governor at the executive offices on Saturday. Governor Mann estimates that fully 2,500 persons have signed the petitions for commutation of the sentence to imprisonment for life. Among the names are those of seventy attorneys of Norfolk, many or perhaps all of whom have examined the record of the trial. Hardy is under sentonce to die in the electric chair on May 20. Those who are interesting themselves in his behalf ask for commutation at this time, and will later, should certain evidence be secured and vouched for, be in position, they claim, to ask for an absolute pardon. RESPITE FOR CONVICT William Jones to Live Four Weeks Longer, Awaiting Investigation. Governor Mann yesterday granted a respite to William Jones, who was to have been electrocuted to-morrow for the murder in Pulaski of Alexander Brown. Both parties were colored. Jones was first sentenced to die on April 6, a commutation to May 6 having been granted by the Governor at the request of the trial jury. All the members of this jury have now asked the Executive for a commutation to imprisonment for life, and the respite, which is to June 3, is to allow further time in which to look into the evidence. It appears that new evidence has been discovered which puts rather a different light on the crime. The Governor has his hands full with half a score of impending executions, with appeals for clemency and large records entering into every case. Times Dispatch, Number 18,248, 7 May 1910 p. 2, col. 1 Oppose Mercy for Hardy. [...] BELIEVE HARDY GUILTY Attorneys Will Ask Governor Not to Interfere With Sentence. Attorney Robort W. Withers, of Suffolk, and George C. Cabell, of Danville, will appear before Governor Mann at noon to-day to give their reasons why the sentence of Samuel Hardy should not be interferred with. Mr. Withers is acting as Commonwealth's attorney because of the illness of the regular official. Despite the generally signed petitions for clemency, the lawyers representing the Commonwealth are convinced that the sentence is just, and to-day they will endeavor to convince the Governor that they are right. Governor Mann said yesterday that he has not as yet reached a decision as to any one of the many cases now before him of men condemned to death for murder. Times Dispatch, Number 18,249, 8 May 1910 p. 9, col. 5 WANT HARDY ELECTROCUTED Prosecutors See Governor. [...] BELIEVE HARDY GUILTY Prosecution Side of Noted Case Presented to Governor. Governor Mann yesterday afternoon heard the side of the prosecution in the Samuel Hardy case. It was presented by Robert W. Withers, acting Commonwealth's attorney of Nansemond county, and by Colonel George C. Cabell, of Norfolk. With them were J.B. Jones, of Southampton county, brother of the murdered man, Tiberius Gracchus Jones; Hendricks Jones, a son of the dead man, and Mrs. S.P. Holland, of Suffolk. Mrs. Holland's connectlon with the case is interesting. Her husband was a witness against Hardy, identifying the forearm of the gun which was used. Later Mr. Holland was killed by a train. It has been claimed by those who are seeking mercy for Hardy that perhaps Holland was the guilty man, and that his death was due to suicide through remorse. His wife's evidence is intended to show that her husband could not have been guilty of the crime. Mr. Withers is thoroughly in earnest in his belief that Hardy should die. He said yesterday that there is no doubt in his mind of the man's guilt and that later evidence only strengthens this view. Not in years has there been such a widespread demand for a man's life as is now being exerted in Hardy's behalf. Times Dispatch, Number 18,252, 11 May 1910 p. 9, col. 1 APPEAL NOW MADE FOR LIFE OF NOEL Norfolk Case Added to Long List Under Consideration by Governor. ROAD CONTRACT BEGGING Amount Too Small for Contractors - Four Alleged Firebugs Indicted. Not even Thomas Noel, the Norfolk county murderer, is to be allowed to die the death of the law in the electric chair without an effort for his life. All of the rest of the array of convicts who are doomed to perish on the two coming Fridays have friends and attorneys actively working in their behalf, and up to yesterday Noel was in a class by himself. Now, however, there is to be an appeal for clemency in his case. A caller on the Governor spoke of some after-discovered evidence which it is desired to present before Noel's life is snuffed out on the morning of May 13. It may be said, however, that unless there are further and more distinct developments along this line, the Governor will allow the sentence of the law to be executed on this negro. Noel, together with Elijah Rouse, who was electrocuted two weeks ago, escaped from the Norfolk county jail, but was recaptured after a pursuit, which ended in his serious wounding. Two May Get Clemency. Of the other men who were sentenced by the trial courts to die, it seems likely that Angelo Hamilton and William Jones will receive a commutation of sentence, although no positive decision has been reached by the Governor. An affidavit in the Hamilton case from a witness who did not appear at the trial caused the jury to take a different view of the case, and they have asked for mercy. However, the Governor had rather see this witness in person and may do so. Jones, who is locally known in Pulaski, as "Shorty," has some facts in his favor, which may secure for him a life imprisonment instead of death. But little time remains for action in the case of Calvin Johnson, Richard Pines, Eugene Dorsey and Henry Smith, the quartet of Alexandria negroes, all of whom are to die on Friday of this week. A change may he made so that so many will not be electrocuted on the same day. Lewis H. Machen, as counsel for Johnson, has made a prolonged and stubborn fight for his client, securing several reprieves. The Governor has indicated that he will decide the case this time without further delay. Samuel Hardy's sentence is for May 20. This is attracting more attention than any. With all these matters before him, the Governor is a little tired, apparently, of so much oral argument. He has asked that any of the people of Alexandria interested in the negroes present their reasons for mercy in writing. Daily Press, Volume 15, Number 109, 12 May 1910 p. 1, col. 2 TO ESCAPE DEATH CHAIR Governor Mann Will Commute Sentence of Five. NEW EVIDENCE FOR HARDY Man Convicted of Murdering Tiberius Gracchus Jones in Nansemond County Not to be Executed - Four Alexandria Murderers Go to Pen. RICHMOND, VA., May 11.- Samuel Hardy will not go to the death chair for the alleged murder of Tiberius Gracchus Jones, of Nansemond county, in March of last year. This is generally accepted around the capitol as being the attitude of Governor Mann in connection with this celebrated case, though the governor has not authorized the statement. Several days ago counsel for the condemned man, who is now in the penitentiary awaiting decision in his case, appeared before the governor and went over the case in detail, presenting some affidavits that were not introduced at the trial. These are very strong, and go a long way towards placing a doubt on the guilt of Hardy. His execution had been fixed for May 20th. Again there is advanced a new theory in connection with the finding of the forearm of the gun, which was said to have been sold to Hardy by Sam Pete Holland prior to the commission of the crime, the piece of the gun being found on the premises of the dead man. The theory is that the gun, which is alleged to have been sold by Hardy to a man in North Carolina several days before the crime, may have figured in the murder, and it may have been placed there in order to throw suspicion on Hardy. The gun has never been found since the crime. Evidence of Holland. Governor Mann has gone over the case with great care, and in doing so he has pondered over the testimony of Sam Pete Holland, the man whose dead body was found on the railroad tracks about a month ago. Holland was to have been tried for perjury in connection with the case, and before the trial of Hardy a warrant was sworn out for his arrest. He was one of the principal witnesses against Hardy, and the defense believes he knew a good deal more about the murder than he told. It is a fact that after he had testified for the prosecution and Hardy had been sent to the electric chair, the warrant for perjury was withdrawn. Was in Bed. The record shows that the crime was committed between 10 and 11 o'clock at night, and it is in evidence in the form of affidavits - that Hardy was in his bed an hour before that time, one of the affiants being a young lady who did not testify in the case. There is another witness who went on the stand in the preliminary investigation, who made a statement and who later went to counsel for the prosecution and said that he had made a mistake in giving the time of Hardy's return to the home in which he was living, and he expressed a desire to correct that. He also told the counsel for the defense that he had made a mistake, and yet when he took the stand at the trial and made the corrected statement counsel for the prosecution appeared surprised and produced his original statement. Many New Points. Another fact is that the prosecution (Continued on Third Page.) p. 3, col. 2 TO ESCAPE DEATH CHAIR (Continued from First Page.) has a stenographic report of the evidence at the preliminary trial, and a copy of this did not get into the possession of the defense for some time after the trial, notwithstanding that the defense made repeated efforts to get a copy. The death of Holland and the circumstances surrounding it, the affidavit of the young lady in question, letters from many of the best known and most prominent people in the country- among several who have served in the general assembly of Virginia, physicians, newspaper men and many others who have no interest in the affair save to see that justice is done - have been received by the governor, and are a part of the record in the case. Just what will be Hardy's fate is not exactly clear - whether he will be given a life sentence or have the maximum penalty for his crime, so far as punishment is concerned, eighteen years - but the governor will pass on this point in a few days. The impression is that Hardy will be given the eighteen- year sentence. Times Dispatch, Number 18,253, 12 May 1910 p. 12, col. 2 NO DECISION YET IN HARDY CASE Governor Has Eight Murderers' Lives Hanging in Balance. WILL DETERMINE TO-DAY Board and Executive to Visit Mount Vernon - Big Alfalfa Crop. At a late hour last night Governor Mann had reached no decision as to the cases of any one of the eight murderers who are sentenced to die in the electric chair either on Friday of this week or the same day of next week. He worked the greater part of the night on the records in some of these cases, and it is presumed that he will decide at least a part of them this morning, since the time is growing short for five of the men. Although a statement was printed yesterday afternoon to the effect that the Governor had determlned to give Samuel Hardy, of Suffolk, a commutation of sentence, he stated at 11 o'clock last night that he had not made up his mind on the matter, and did not know what he would do. The guess at the decision was evidently wired to Norfolk, for several of the attorneys and others interested in the case there emitted premature expression of joy. Hardy is to die May 20. Many Face Chair. Calvin Johnson, Richard Pines, Eugene Dorsey and Henry Smith are to be electrocuted to-morrow morning for the murder in Alexandria of Walter Schultz. Strong efforts have also been made in behalf of the first three named, and they may be recipients of executive clemency. Angelo Hamilton, the Lynchburger, is also awaiting the death imposed upon him by the court. A plea of after-discovered evidence was made in his case. "Shorty" Smith, of Pulaski, got a reprieve the other day to June 3, to give the Governor time to look into his case. As a matter of fact, attorneys have been making the executive's life miserable for the past few weeks in their endeavor to induce him to step in between the courts and the sentence of the law. He has been deluged with speeches and with copies of records and affidavits. Hard work has been done in behalf of all the convicts save Thomas Noel, of Norfolk. The latter seems to be the only one who has no influential friends. Times Dispatch, Number 18,254, 13 May 1910 p. 7, col. 4 FIVE MURDERERS GET FURTHER TIME Not One of Condemned Negroes Will Die in Electric Chair To-Day. PREFERS MARRIAGE TO JAIL Fugitive Wants to Reform. Koiner Busy on Institute Work. Having been unable to go carefully all through the mass of evidence relating to the cases of the men condemned to death by electrocution, Governor Mann yesterday granted further respites to Calvin Johnson, Eugene Dorsey, Richard Pines, Henry Smith and Thomas Noel. This means that no one will die in the electric chair at the State Penitentiary to-day. Smith's sentence was reprieved to June 3, while the other four are slated to die on June 10. Samuel Hardy and Angelo Hamilton are to be electrocuted next Friday, while the date for the execution of "Shorty" Jones had been previously postponed to June 3. Many Reprieves. The four Alexandria negroes have now been in the penitentiary for months. Respites began in the cases of Johnson, Dorsey and Pines last autumn. In fact, it is stated that the new date fixed for Johnson's executlon - June 10 - will be the anniversary of his conviction of the murder of Walter Schultz. Governor Swanson granted several delays, first to get the case before the Supreme Court and later to await the trial of Henry Smith, the fourth man, who had testified against the other negroes. The effort in behalf of Noel is recent. He was shot while trying to escape from the Norfolk County Jail, a first reprieve being given him to allow him to recover from his wounds before being brought to the penitentiary. Guesses have been made from time to time that not one of the entire bunch of convicts would go to their death, excepting, perhaps, Noel. But the Governor has not reached a decision in any instance. Perhaps there is more reason to think that "Shorty" Jones, of Pulaski, will secure a commutation than is the case with any of the others. Times Dispatch, Number 18,260, 19 May 1910 p. 8, col. 3 MURDERER NOEL TO DIE IN CHAIR Governor Decides Not to Interfere in Case of Norfolk Murderer. NO DECISION IN HARDY CASE Instructions Issued for Camp of Officers - Crowd Attend Farmers' Lectures. Governor Mann has as yet reached no decision in the case of Samuel Hardy, convicted of the murder in Nansemond county of Tiberius Gracchus Jones. Hardy is to be electrocuted to-morrow, and it is presumed that a decision not to interfere, to reprieve or to commute will come to-day. Hardy's friends have not relaxed their efforts in his behalf, and are awaiting the outcome of the fight they may have made. The prosecution, on the other hand, is convinced that Hardy is guilty and that he should die for the crime. The Governor yesterday definitely decided that he would not interfere in the case of Thomas Noel, of Norfolk county. Noel was shot while attempting to escape, and a reprieve was granted him to allow his recovery from the wound. Another respite was given later to permit the executive to look into his case, an appeal having been made for his life. He is to die on June 3. Daily Press, Volume 15, Number 116, 20 May 1910 p. 1, col. 2 HARDY ESCAPES DEATH Governor Stays Execution of Condemned Suffolk Man. GIVEN LIFE IMPRISONMENT Convicted Murderer of Tiberius Gracchus Jones is Saved from Electric Chair Just by One Day - Mann Issues Statement Giving Reason. RICHMOND, VA., May 13.- On the eve of his electrocution at the State Penitentiary, Samuel P. Hardy, of Suffolk, convicted of killing Tiberius Gracchus Jones, received a commutation of his sentence to life imprisonment from Governor Mann today, and was almost crazed with joy when the news reached him in murderers' row. In commuting the sentence of the doomed man, the governor issued a statement, covering four pages of typewriting explaining his unwillingness to allow Hardy to go to the electric chair. Governor's Statement. The governor's statement in part follows: "Deeply impressed with the responsibility of my position which on the one hand requires the due execution of the law, and on the other the protection of the citizen exposed to unjust punishment and with a human live [sic; life] depending upon my decision and action, I have given to the case of Samuel P. Hardy the very best consideration of which I am capable and think I know the facts as they appear in the record presented to and acted on by the Supreme Court of Appeals, by the evidence of one witness not examined in the trial, and by the affidavits filed before me for and against the commutation of his sentence. What Record Shows. The record shows that the murder of T.G. Jones took place in his yard on the night of October 26, about 10:30 o'clock, and that he was shot twice with a shotgun and three times with a pistol; that he said almost (Continued on Fourth page) p. 4, col. 3-4 HARDY ESCAPES DEATH (Continued from First Page.) immediately after he was shot he was killed for telling the truth, and that in consequences of the darkness he could not see anyone; that he did not hear anyone, but he thought Luke or Sam Hardy had shot him. This statement shows that, in the opinion of Mr. Jones, there was at least two parties who might be suspected of the crime. I am not, however, going into the evidence further than to comment on the alibi, which was partially proved by one witness for the commonwealth, and quite fully proved by three witnesses for the defense; that is, if these witnesses are entitled to belief. Hardy was in his room at the residence of Mr. Gus Holland, where he lived, about 10 o'clock or a little after on the night of the murder of T.G. Jones, which took place about 10:30 o'clock in his yard, which was nearly a mile from where Sam Hardy lived. It must be remembered that Mr. Jones went to Suffolk on the day he was killed and returned on a train which was expected and actually reached Holland at 9:13 that night; that the person or persons who killed him were lying in wait, and in all human probability were in the position occupied when the shots were fired before or about the time of the arrival of that train. The record does not show - at least to my satisfaction - that any one of these three witnesses were impeached or contradicted, or that the evidence of either one of them was shaken by cross-examination. Young Lady's Evidence. "It is evident, however, that the jury could not have believed these witnesses or their verdict would have been different. After the trial I received the affidavit of a young lady, the daughter of Mr. Gus Holland, who was in the house at the time who was not examined at the trial, but who corroborated the evidence of the three witnesses who were. I read her affidavit with care, but not being willing trust to it, I asked a friend who was a minister of the gospel, and a high man to bring the young lady to my office, which he did, and in his presence I cross-examined her, and she stated substantially that on the night of the murder she had a visitor; that she came upstairs about 10 o'clock, and as the rule of her mother required her to come up at that hour, and some one looked at his watch and said it was about 10 o'clock, that they then talked a little while about what they expected to buy the next day, as she and her mother intended to go to Norfolk by the early morning train, and that wishing to write a letter, she inquired of her mother where the writing paper was, and was told it was in Mr. Hardy's room; that she went to his room to get it; that the bed was placed at an angle and the door opened against it, so when she went in she could see that some one was in bed, but could not tell who it was; that the desk in which the paper was kept was at the foot of the bed and when she got it and started to return to her mother's room she could plainly see Mr. Hardy in bed, and it was then about fifteen or twenty minutes past 10 o'clock. The manner of the young lady, who is not over eighteen, was perfectly frank. There was no hesitation in her answers, no concealment of anything and after questioning her for the purpose of testing the truthfulness of her statement, I could not find any reason to doubt what she said. If, therefore, her statement is taken in connection with the statements of the other witnesses to the alibi, which it confirms, Sam Hardy was in bed at Mr. Holland's, about a mile from the residence of Mr. T.G. Jones, about the time the murder occurred. With this evidence before me, I am unwilling for Samuel Hardy to be electrocuted. Voluminous Petition. "If I stopped here the logical result would be a pardon, but this is not asked for by but few people, although some twenty five hundred people, citizens of Nansemond county, and other parts of the state, including a petition signed by several lawyers of Norfolk, and letters from three of the jurors, ask for commutation of sentence. And just here it is well to state that under the law controlling this case a verdict of murder in the first decree must be punished with death, and neither court or jury could change it. As the governor of Virginia, I can change it, and my investigation of this case has produced the conclusion upon my mind that I ought to do so. "He testified before the coroner's inquest, but did not testify before the court. The evidence against him, while not conclusive, required explanation, which he ought to have given. Under the law, his failure to testify could not at the trial be used against him; but, bound by no rule except that which justice requires, I have the right to consider it, and his failure to testify has great weight with me. "The evidence in this case is purely circumstantial, and while I would have no hesitation in sustaining a verdict upon such evidence, it would have to come up to the requirements of the Supreme Court of Virginia. "Holding these views, I have determined to commute the punishment of Samuel P. Hardy to imprisonment for life. "WILLIAM HODGES MANN, "Governor of Virginia. "May 19, 1910." Tears of Joy. At the penitentiary it was said Hardy had abandoned hope of escaping the electric chair and was resigned to his fate. Immediately after his sentence had been commuted Assistant Superintendent Lamb informed him, and Hardy broke down and wept for some moments and then laughed almost hysterically. It was undoubtedly the happiest day of his life, and the prisoners at the penitentiary, with whom he has become popular, shared in his rejoicing. This afternoon Hardy was transferred from murderers' row to the shoe factory, where he was put to work. Times Dispatch, Number 18,261, 20 May 1910 p. 12, col. 3 HARDY ESCAPES ELECTRIC DEATH Governor Commutes Sentence to Life Imprisonmcnt in State Penitentiary. EXECUTIVE IS CRITICIZED Attorney Withers Regards Action as Usurpation of Authority. Governor Mann yesterday commuted the sentence of Samuel Hardy, the convicted murderer of Tiberius Gracchus Jones, of Suffolk, from death in the electric chair to imprisonment for life in the State Penitentiary. Hardy was to have been electrocuted to-day. Not in years has there been such a widespread demand for executive clemency as was exhibited in this case. Petitions containing the signature of hundreds of citizens have been showered upon the Governor, while delegation after delegation has appeared before him to discuss the matter. The appeal was made after Hardy's attorneys had exhausted every effort in the courts. A writ of error was granted by the Supreme Court and the case was argued before it. The result was a decision affirming the sentence of the Nansemond Circuit Court. Hardy was at once taken from the cell in the department at the penitentiary set aside for those under sentence of death, and will be put to work in the prison. Pleases Majority. In Suffolk and Norfolk varying opinions were expressed of the Governor's action. Sentiment was, of course, divided, and the expressions were based upon the feelings of the citizens utterlng them. Judging from the petitions, it would appear that a majorlty desired to see the sentence commutcd. The Governor issued a lengthy statement regarding the case, in which he says that he has given to it the very best consideration of which he is capable. Those close to him know that there is no doubt of this, since he has put many hours of arduous work and research into reading and studying the papers presented, including the record of the trial. A pardon, says the Governor, was asked for by only a few of the people heard from, a commutation being requested by nearly all. "Under the law controlling this case," he says, "a verdict of murder in the first degree must be punished with death, and neither court nor the jury could change it. As the Governor of Virginia I can change it, and my investigation of this case has produced the conclusion in my mind that I ought to do so." Many Know of Murder. Governor Mann seems to indicate, however, that if a pardon had been requested he would not have granted it, for the following language is taken to hint that the executive thinks Hardy had some knowledge of the crime: "He testified before the coroner's inquest, but dld not testify before the court; the evidence against him, while not conclusive, required explanation which ought to have been given. Under the law his failure to testify could not at the trial be used against him, but bound by no rule except that which justice requires, I have the right to conslder it, and his failure to testify has great weight with me." The Governor reviews the evidence of parties by whom it was attempted to prove an alibi, commenting that it is evident the jury did not believe them. The evidence of a young girl, taken since the trial and examined in person by the Governor, tends to strengthen the doubt in the Governor's mind that Hardy could have been on the spot at the time of the killing of Jones. With this evidence before him, he says he was unwilling for Samuel Hardy to be electrocuted. VARYING OPINIONS Great Interest In Case Arouses Favorable and Unfavorable Comment. [Special to The Times-Dispatch.] Suffolk, Va., May 19.- Public sentiment is divided in this section as to Governor Mann's action this morning in commuting the sentence of Sam Hardy to life imprisonment. Interest has been acute for several days, and the bulletins were greeted by various expressions of pleasure and approval, as "I told you so," and of disappointment, as "A blur on the State," "I will never vote for him again," and the like. Dr. Thomas H. Barnes, former State Senator, and one of Hardy's influential friends, who was with Governor Mann to-day when the decision was announced, to-night estimates that three-fourths of the people approve the Governor's action. Robert Walter Withers, one of the prosecutors, says he cannot speak accurately of the county, but believes that Suffolk residents were two to one against commutation. Judge R.H. Rawles, Hardy's senior counsel, who was in Norfolk to-day, authorized this statement over the long distance phone: "I am glad some of the bloodthirsty persons are disappointed. Sam Hardy will outlive most of them. Hardy will be free in fifteen years." Hardy will be forty-one years old July 10. Perhaps a majority of the statements expressed around bulletin boards favored Hardy. There were predictions that every Governor during Hardy's natural life will be besieged with petitions for absolute pardon. Hardy Not Pleased. Dr. Barnes and Attorney J. Edward Cole, of Norfolk, Hardy's brother-in-law, carried the news to Hardy. "That's a mighty long time," the prisoner replied. He evidently was disappointed that the prison term was not made shorter. He lacked his usual buoyancy of spirits and seemed anything but exuberant over the commutation. Dr. Barnes said to-night that he visited the execution chamber, where preparations for electrocution to-morrow were in progress, when word came from the Governor. The news was received with joy at Holland, where a majority of the residents are Hardy's friends. Prosecutor Withers regards the commutation as an usurpation of authority. He declared the principle of executives reviewing the courts is dangerous. He asserts further that the affidavit of Miss Mary Holland, aged eighteen, and her subsequent personal statements made later to the Governor, which are referred to in the Governor's decision, lack three out of four elements to make them valid as grounds justifying commutation. Richmond Times-Dispatch, 17 December 1920 last p., col. 3-4 SAMUEL HARDY, AFTER TEN YEARS IN PRISON, TO SPEND CHRISTMAS WITH FAMILY Nansemond County Man, Once Sentenced to Electric Chair Upon Conviction of Murder, Receives Conditional Pardon From Governor Davis. Samuel Hardy will spend Christmas with his family and friends. Governor Davis yesterday granted a pardon in his case, and the man will return to his home in Nansemond County this week, after spending more than ten years in the State penitentiary. Hardy was convicted of the murder of Tiberius T. Jones, in 1909. and was sentenced to the electric chair by Judge J.L. McLemore, of the Nansemond Circuit Court. The evidence was purely circumstantial, and upon reviewing it, Governor Mann commuted the sentence to life imprisonment, on the grounds of after-discovered evidence. Governor Davis, in granting the conditional pardon for Hardy, gave the following opinion: "Sam Hardy was convicted of murder in the first degree and sentenced to be electrocuted. Commutation was granted by Governor Mann on the ground of after- discovered evidence to imprisonment for life. "I am in receipt of a letter from Hon. J.L. McLemore, the trial judge, who is able and zealous of law enforcement, recommending the exercise of executive clemency in this case. "The Commonwealth's Attorney who tried the case is dead, but the real prosecutor in the case, Mr. Cabell, joins in the application for pardon, and Governor Mann, who commuted the sentence, now writes that he feels that a pardon should be granted Hardy. "Many of the jurymen who convicted Hardy join in the petition for his freedom, which is largely signed by county and town officials and other influential citizens of the State. There is a general demand in the locality where the crime was committed that Hardy should receive his freedom. "The evidence upon which the prisoner was convicted was circumstantial, and there are many who live in the neighborhood where the crime was committed and who are familiar with the circumstances of the case who either feel that Hardy is innocent of the crime or that he has been sufficiently punished. He has been in the penitentiary over ten and a half years and has a perfect record there as a prisoner. "The proper disposition of this case has caused me much concern, and while I do not wish to interfere with the orderly enforcement of the law, I am constrained to lean to the side of mercy, especially where grave doubt of guilt is suggested by high-minded citizens familiar with the proceeding, and where the trial judge urges executive clemency. Conditional pardon granted." Richmond Times-Dispatch, 25 December 1920 last p., col. 1 CLEMENCY IS XMAS GIFT OF WESTMORELAND DAVIS Virginia Governor Issues Pardons to Twenty-One Prisoners in Penitentiary. WILLIAM MOORE IS FREED Accomac Man, Sentenced to Five Years' Imprisonment Last Christmas, Is Released Today by Action of Chief Executive. Jostling their fellow-citizens, rushing, scrambling and perusing Christmas cards, Yuletide shoppers yesterday launched a mad last minute offensive in an attempt to purchase gifts for those they had forgotten. All the while this mad scramble was taking place Governor Westmoreland Davis sat in his office and gave out his one greatest Christmas gift- clemency. The Governor's present was in the form of pardons to twenty-one inmates of the State Penitentiary. No amount of money could have purchased a gift which would have brought as much rejoicing as the action of the chief executive of Virginia. Liberty at Christmas time meant more to those prisoners than anything they might receive from their fellowmen. Today there are twenty-one light-hearted, care-free and grateful former inmates of the penitentiary en route to their homes and their families. William Moore Pardoned. While the pardons came from the office of the Governor. Colonel Le Roy Hodges, chief of staff, also had a hand in bringing about a joyous Christmas to one of the individuals. The colonel himself journeyed to the State Farm yesterday to carry one of the pardons to William Moore, a native of Accomac County. The colonel's desire to set Moore free and his knowledge of the case, which he regards as one of the most deserving on the list, would not allow him to trust the precious document to the mails and he handed it to the prisoner yesterday afternoon. Moore was sentenced to five years as the result of a brawl at a carnival in Accomac last fall. He struck a man on the foot and blood poisoning set in later and the latter died. Moore began his sentence last Christmas Eve and received his pardon exactly one year later. Citizens of Accomac sanctioned the pardon and have been active in setting Moore free. Is Trustworthy Prisoner. Since being confined to the State Farm, Moore, who is a farmer, has been one of the most trustworthy prisoners ever placed there. His conduct from the outset was such that he was given every liberty possible, and he has held down a responsible clerical position in the office at the farm. Moore, who has a family, left last night for Accomac. He will arrive at his home in time to spend Christmas, and Colonel Le Roy Hodges has the satisfaction of knowing that it was he who had a part in making this a happy and merry Christmas for at least one individual. The list of pardons, which includes the names of nine white men, follows: Charles K. Cole (white), No. 16313, convicted in Newport News. C. Jackson (colored), No. 14176, convicted in Portsmouth. Fred Adams (white), No. 15858, convicted in Lee County. Joe Brunskill (colored), No. 14677, convicted in Cumberland County. Bruce Monroe (colored), No. 12085, convicted in Richmond. James Mosley (white), No. 15961, convicted in Norfolk. Emma Foster (colored), No. 10773, convicted in Norfolk. Denny Thornton (colored), No. 10230, convicted in Henrico County. Samuel Hardy (white), No. 9395, convicted in Nansemond County. Orrin Nunn (white), No. 12569, convicted in Henry County. Frank Brooks (colored), No. 13249, convicted in Prince Edward County. Fritz Fleeb (white), No. 15959, convicted in Norfolk. Thomas Spady (colored), No. 7850, convicted in Warwick County. Henry Deane (colored), No. 7639), convicted in Fredericksburg. Tom Wilkinson (colored), No. 12365, convicted in Russell County. Clyde Young (white), No. 16418, convicted in Grayson County. W. C. Fortune (colored), No. 10525, convicted in Essex County. Calvin Curtis (colored), No. 15070, convicted in Rappahannock County. Henry Leach (colored), No. 14598, convicted in Petersburg. George B. Smith (white), No. 15784, convicted in Newport News. William Moore (white), No. 16014, convicted in Accomac County. ****************************************************************************** Additional information: Zachary Taylor HOLLAND was a Confederate veteran. A sketch of his service is posted at: http://files.usgwarchives.net/va/nansemond/military/civilwar/cw_vets.txt He d.s.p. 6 Feb 1908, and was buried in a HOLLAND family cemetery, east of Holland, back off US Hwy. 58, across from the agricultural research station, with his brother, William Turpin HOLLAND (d. 12 Jun 1899). Nansemond Co. Miscellaneous Cemeteries, Vol. 1 (I-36), an extension of the Southampton County Historical Society {SCHS} Cemetery Project: http://files.usgwarchives.net/va/nansemond/cemeteries/nanvol1.txt A chancery suit (Nansemond Co. 1910-030), styled R.H. Rawles, administrator of the estate of Z.T. Holland, v. A.A. Holland and others, was instituted to settle the personal estate, sold for $50,000; file at: http://files.usgwarchives.net/va/nansemond/court/1910_030.txt T.G. JONES, Augustus Abram HOLLAND & Samuel Peter HOLLAND are all buried in the Holland Municipal Cemetery, as are Abraham Parker HOLLAND & his son "Gus" Augustus Royster HOLLAND, and several of Z.T. HOLLAND's heirs at law. Holland list, another extension of SCHS Cemetery Project: http://files.usgwarchives.net/va/nansemond/cemeteries/holland.txt Samuel Peter HOLLAND's stone is wrong, showing d. "Mar. 27, 1910." His parents are also buried there. T.G. JONES' brother Zachary Taylor JONES, a former Marine & policeman, had been arrested 31 Jul 1908, charged with criminal assault. A grand jury twice failed to indict him, and he was convicted in police court 10 Oct 1908 of a lesser charge; however, a grand jury finally indicted him, and he was convicted 5 Mar 1909. He d. 5 Apr 1926, and bu. is buried with his in-laws in the Smith-Hopkins-Cooke Cemetery, in Tabb, York Co. His D.Cert. (#9219 {Kecoughtan 176}) gives bu. Smithville, York Co. Their youngest brother Jno. Bunyan JONES d. 16 Mar 1915, in Norfolk, and bu. is buried in Elmwood Cemetery, Norfolk. (D.Cert. 6691) Their father, Joseph David JONES, is buried in the Butler-Jones family cemetery, on Lovers Lane. Isle of Wight Co. Historical Society {IWCHS} Grave Site Survey Task Force {GSSTF} report #133: http://www.iwchs.com/Cemetery-Reports.html A biographical sketch ("Smithfield Times," Aug. 28, 1930, pp. 1 & 4) of Joseph David JONES, with additional family notes appended, are posted at: http://files.usgwarchives.net/va/isleofwight/obits/j520j1bi.txt The sister that died in Feb 1909 must have been Ada Talitha (JONES; Mrs. Stephen Wyatt) ROBERTS, as I have accounted for the others. Her husband was one of seven brothers that fought for the Confederacy, & survived; four (& their wives) are buried in Windsor Cemetery. (IWCHS GSSTF #26) [Rosa] Gertrude "Gertie" (VAUGHAN; Mrs. "Jack" Jno.Wm.) SMITH & her parents are buried in Beaver Dam Baptist Church Cemetery. (IWCHS GSSTF #42) Beaver Dam list, another extension of SCHS Cemetery Project: http://files.usgwarchives.net/va/isleofwight/cemeteries/bvrdam.txt Her mother, Catherine Hannah (BRADSHAW; Mrs. Jesse Thos.) VAUGHAN, d. 9 Feb 1906. Gertie & Jack m. 25 Apr 1906, in Nansemond Co. ****************************************************************************** Samuel HARDY d.s.p. 23 Feb 1929 in Suffolk, and was buried in Elmwood Cemetery, Norfolk. Norfolk City VA USGWArchives, Elmwood list: http://www.usgwarchives.net/va/norfolkcity/cemeteries/elmwood/elm-han-harrin.html photo of his marker: http://www.usgwarchives.net/va/norfolkcity/cemeteries/elmwood/tombstones-h/hardysamuel1929.JPG His older half-brother, Rev. Porter HARDY (1861-1941), was a Methodist minister, as shown in "Daily Press," 7 Nov 1908, p. 6 (above), and the articles below. He & Samuel's mother, Henrietta Frances (HALL; Mrs. Samuel) HARDY are buried in Blandford Cemetery, Petersburg. Richmond Times-Dispatch, 27 October 1921 p. 6, col. 6-7 SEVERAL CHANGES ARE MADE IN RICHMOND M.E. PULPITS Rev. George W. Jones Becomes the Presiding Elder of This District, and Rev. George E. Hooker Is Named Pastor of Monument Church. [...] Portsmouth and Newport News district- H.C. Pfeiffer, presiding elder. Benns circuit, Porter Hardy; Boykins circuit, L.R. Black; Capron circuit, E.F. Garner; Churchland and West Norfolk, A.W. Linthicum; Courtland circuit, W.J. Williams; Crittenden, E.K. Denton; Franklin, J.A. Chapman; Hilton circuit, D.G.C. Butts; Isle of Wight circuit, J.T. Sewell; Newsome circuit, C.H. Kidd. Newport News- Chestnut Avenue, W.T. Green; Grace, Starke Jett; Trinity, P.H. Hank. Norfolk circuit, S.N. Hurst. Portsmouth- Broad Street, W.L. Murphy; Central, M.S. Colonna; Cottage Place, A.W. Roten; Elm Avenue, Walter Smith, supply; Monumental, T.R. Reeves; Park View, R.M. Chandler; Wright Memorial, L.J. Phaup. Smithfield, W.H. Atwell. Suffolk- Main Street, H.P. Clarke; Oxford, F.B. Oglesby. Whaleyville and Somerton, T.O. Edwards; Williamsburg, L.C. Crutchfield; Windsor circuit, N.B. Foushee; chaplain, United States Army, J.T. Moore; chaplain, United States Army, S.O. Wright. Richmond Times-Dispatch, 21 November 1920 p. 4, col. 5-6 BOYKINS [Special to The Times-Dispatch.] BOYKINS, VA., Nov. 20.- [...] Rev. L.R. Black is expected this week to replace Rev. Porter Hardy, who has been assigned to Benn's Church, near Smithfield. His many friends regret his departure and their good wishes follow him to his new charge. Smithfield Times, Volume 18, Number 21, 12 August 1937 p. 1, col. 2 REVIVAL SERVICES Revival services are being held at Bayview Methodist Church at Rushmere this week with the Rev. Porter Hardy, Churchland, conducting the services. The public is invited to attend. Bacon's Castle Baptist Church is holding its revival services this week also. ****************************************************************************** These cited newspapers appear online as part of the Library of Virginia's Virginia Chronicle newspaper database, at: https://virginiachronicle.com/ I have corrected the text for most of the articles; however, some have been missed, no doubt, while others likey have crept in; some of the text was too garbled to correct. Contributed for use in the USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/nansemond/newspapers/19080208td.txt