Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-01-20

The GREAr RIcuMoND FLOUR CASE DEciDED.-
This ease commenced by the Plaintiffs, Messrs.
Crenshaw & Fisher. millers in Richmond, was
brought int, litigation in April, 1856, against the
defendant, Danl. s, Delaplane, the regular City
Inspector of Flour.
The plaintiffs predicate this suit upon the as
sumption, that the law authorizing the inspection
of flour. does not authorize the inspectors tn retain
tie draft four according to long established
custom, extracted from each barrel by the augurs,
used in the process of inspection. The ground of
defence is that the legality Of the practic" has
been established by long usage, or sanctioned by
custom rs well rs by implied legislative assent
Hence this action has been instituted to recover
the value of the drafts" retained ly defendant in
inspecting -four made by the PLAINTIFF. subsequent
to the time of commencing the suit, and the dcci-
sion in the matter will yet cause some trouble in
the carrying out of the -four inspection in this
city.
The counsel in this long agitated case were
Messrs. James Lyons. Patrick Henry Aylett,
and William T. Joynes for the defendant and
Messrs. W. W. Crump, A. r. Holladay, Il W.
Randolph. and James r. Crenshaw for the plain.
tihs.
Judge Meredith's instruction to the Jury were
as follows:
If the Jury shall believe from the evidence.
that Mt the time, aud fer a long period prior to the
occasion, when the flour in controversy was in
spected by the defendant, it was the custom for
tne Inspector Oh -FOUR IN Tue Guy VI hicHin'Iiu' W
take to his own use the -four drawn at the inspec-
lions, and this custom was known to the plaintiff
prior to the occasion aforesaid, and had been on
other previous occasions acqnicsced IN by HIM,
and that the -four in controversy was taken and
used by the defendant in pursuance OF that Gus
tom, from a lot of -four inspected by the plaintiff
at his request. without objection, on the part of
the plaintiff before the inspection was made. to
the defendant taking the flour as aforesaid, then
the jury are to find for the defendant.
But. if the jury shall believe that the lot OF
flour, from which the -four in controversy WAS ia
ken. belonged to the plaintiff. and that at the time
the plaintiff required the defendant to inspect the
said -four. and before the same WAS inspected, he
informed the defendant that he, (the defendant.
should not take the flour drawn. at such inspec-
ton, and that the plaintiff claimed it as his own,
and that the defendant inspected the -four with
the knowledge of this objection and claim on the
part of the plaintiff, and then took The flour drawn
as aforesaid to his own use. without the subsequent
acouiescence Of the plaintiff. then the jury are to
ind for the nlaintif, although til" Jury shall fur
Their believe that the defendant before and at the
time he inspected the -four, claimed the right to
retain to his own use the -four drawn as atore-
said.
The Jury Yesterday in this case. after hearing
the argument. and Judge Merclith's instructions,
brought in "a verdict for tie plaintiffs. assessing
their claims or damages at S5,36l 0S, with in
terest from this date-Rich. Etq. 1911.
TIE LEAD AND COPPER MINES oF WYTHE Co
Correspondent of the Petersburg Express, wri-
ting from Wytheville, Jan. 18th. says:
| have recently returned from n visit to the
Lead and Copper Mines If Wytl,e and Carroll. l
learned that TIE Wythc Lead Mining Company,
are realizing fire profits on their stock invested
Judge A. S. Fulton. who gets lead ON his own
lands. sold. in the last two years,.S3n,00 worth OF
lead. upon which he realized a prof; Of SlsthO.
learned, also. that smelling furnaces will he
built in the Copper Mines in Carroll. by which 1t
is Lnlic,el the working of these mines Will lie
profitable.
MORE RuMoRCD OPPOSITION To JUDGE CAsKIE,--
The Warrenton (Nn.) wig. says: "Oa dH in
Richmond that S. Decatur Wl,ittle. an elegant
AMI accomplished gentleman. Will he brought gu
NV his friends far Congress. as an Independent
Democrat. Mr.. w. was clerk of the Reform Con
Likewise that Judge Rabtr >or VIII be re Oppos
tinn candidate in the same District. Can oul
friend of the Richmond Wing e~niightcn US!
SUDDEN DEAru.-The K rnrcy Intelligence
states that Mra. lluntlcy, mother-in-law of thu
Rev. Mr.. Hoffman, of New Greek Station, dice
very suddenly on Monday last. A little grandso,
having cut off one of his fingers. ran into tn,
room. and upon his showing it to the old lady, sh
tainted at once and died.
MATRIxoyY IN ALBExAR,E CoryTy.--The mum
her of marriages in Albemarle county, Va, 70
the last fur wears, has not been more than lU