Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1868-11-27
FRIDAY MORNING, NOV. % 1868.

FRIDAY MORNING, NOV. q 1868.
We have received copy of the annual
Report of Col Z. Fontaine, President of the
Chesapeake and Ohio Railroad Company
He thinks, that the road from Covington
to the Greenbrier River and from the Ohio
River eastward to the Falls of Kanawha can
be put in operation for sum not exceeding
the City and County bonds, and when these
sections are in operation, the additional
revenues received and the proceeds OF sales
Of land, with the interest on city and county
bonds, ought to pay interest on a sum suffi-
cient to carry the middle section through
and thus finish the road
The receipts of the Road for the past fiscal
year. to October LIST, was $500, 354-receipts
of the previous year 554, 511-showing an
increase of receipts for the present year of
S44, S43 The expenses during the past
year was S436 G4S-for the previous year
S41S. S63-being an excess of ST., 1856, ac-
counted for by the excess of improvements
made in the road, now placing it in better
condition than it has been for many years.
The increase of expenditures for the pres
.ent year (s17,7s5) deducted from the in
crease Of receipts ($44, s43) shows gain
still OF $27, 05s over the previous year.
The passenger and freight transportation
has increased largely The increase in pas
senger travel from Richmond to Gordonsville
is - per cent, from Lindsay's to Stanton 9
3oe, cent and from Stanton west 63aa per cent.
The increase in freight transportation be-
tween Richmond and Gordonsville is % per
cent, from Lindsay toStaunton 373 per cent,
from Stanton west 56 per cent.
This increase speaks we'll for the enter
prise exhibited in the management and gen
eral conduct Of the road, and especially does
the great increase west of this point indicate
the great development to take place in the
country west, and the largely increased re-
ceipts from passenger and freight transpor-
tation, as the road advances. AS whole,
the report angurs well for the early compile
ton and great success of the Chesapeake and
Ohio Railroad
The Caesar Griffin case, pending at this
writing in the Z. S. District Court, Judge
Underwood presiding, is exciting attention
and general interest from the fact that its de-
cision may effect not only the acts of the able
and distinguished Judge of our Circuit Court,
Judge T. W. Shelley, but also of nearly
every Judge in the State.
The merits of the case are these Caesar
Griffin (colored) was tried and convicted Of
the offence CT unlawfully shooting son Of
Judge Brockenbrough, in the Circuit Court
at Lexington, Judge Shelley, presiding, and
sentenced to the penitentiary for two years.
A writ Of habeas corpus was granted by
Judge Underwood, on the ground that Judge
$Shefoy was disqualified to sit as Judge,
since the PRONUNCIATION of the ratification of
the 18th amendment to the U. S. Constitu-
ton, which declares all, who took an oath
to support the Constitution Of the United
States and afterwards participated in rebel
lion, ineligible to Office
The case came up last week, the Com
monwealth being represented by Attorney
General Bowden, Mr.. Neeson and General
Bradley T. johnson, and the prisoner by
Messrs. Bundy and L. Ell. Chandler.
The case was opened by Mr.. Bundy, who
was followed by Atty. Gen. Bowden and
Gen johnson. Mr.. Bundy then followed
in reply.
On Friday and Monday Morning Mr..
.Neeson submitted the closing argument for
the Commonwealth and was followed by Mr.
Chandler, who concluded the closing argu-
snent for the prisoner at o'clock, P NJ.
As the points made in the case we're very
clearly set forth in the arguments of Mr.
Neeson and Mr.. Chandler we give. for the
information of our readers, the following
summary from the Richmond papers
MIR. Neeson argued that the act of 1867
was only intended to extend the benefits of
the writ of habeas corpus TO a new class Of
persons, and was not designed by Congress
to change the functions Of the writ If the
petitioner had been deprived Of his constitu-
tional and legal rights it was the clear duty
Of the court to discharge him, but the court
had no power whatever to transform the writ
Of habeas corpus into a quo warranto writ,
and under il try the question of Judge Shelf
fey's right to hold the Office of circuit Judge.
The petitioner had been indicted under
criminal law of the Commonwealth not in
consistent or in violation of the Constitution,
treaties or laws Of the United States, and be-
fore Judge who had held the Office for years,
and he cannot be discharged from imprison-
anellt by writ Of habeas corpus and subsequent
proceedings authorized by act Of Congress,
February 7, 1867, amendatory Of the act of
1879. according to true construction there
of. notwithstanding any alleged legal or con-
stitutional disability of the Judge presiding;
and the existence Of such disability is not
within the range Of judicial inquiry, under
said section, in such a case.
He said thas the petitioner having been
before the 18th day Of July, 1868, regular
ly indicated in the county court of Rockbridge
county, for felony, under law in no wise
contrary to the Constitution, treaties, Or laws
Of the United States, and having in pursu-
anoe Of the law of Virginia, solemnly elect
ed in said coart to transfer his trial to thy
Circuit Court Of Reca bridge county, held by
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