The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-09-30
LOC OC,ALzz N ALTERS. 7 Fl ~ !,
For other Iocals. see Third Page.


DENT OF TEE CoUscIL AND OTHER 1CIrY
0rr1oERs BEFORE JUDGE FrrzHUaH-AEREsT
OF DAvIDsos.--Y Yesterday morning j. j.
English, Esq, acting Mayor Major John
Poe, Jr., Chief OF Police {; Charles RI. Plea
SAINTS, ESQ.,, City Collector, and Louis j.
Bossieux, ESQ.,, City Auditor, were brought
before Judge Fitzhhglf to answer the
charges contained in the following affidavit :
! 10 State of Vfrgima-to ,1it William B.
Davidson this day made oath before the
undersigned, Judge Of the Court of Chancery
land cOnseryatOt Of the peace, that in the
month of May, 1870, he was legally. sap-
pointed Collector of City Taxes for the city
of' Richmond, and qualified and entered on
the duties OF this office soon thereafter,
lin said office, and In discharge. OF
the duties thereof ever since that on the
Goth day of September, 1870, while said ,af-
tiant was in tie office Of Collector of City
Taxes for the city of Richmond, being the
room assigned by. law for the use of said
collector, J. j. English, Charles M. Pleas
ants, Louis J. .BossieuX, and John Poe, Jr.,
did, with force and arms, eject afhant from
his said Office, and have since and do still
debar and hold him out of said office, and
did then and there demand of him posses
sion of the books, papers, and tax-bills ap-
pertaining to said office, and that athant has
good cause to fear that said persons viii
commit an offence against his person and
property by taking from him by force said
books, papers, and tax-bills.
Q" Given under my hand this 9th day of
September, 1870. E. II. FITzHUGH.
" Judge of the Chancery Court of Rich
mond."
9, III hoy
iel. of counsel for Mr.. Davidson, explained
the reasons that had Influenced his client in
causing the arrest of the parties now8efore
bis Honor. Of course Mr.. Davidson did not
actually fear any damage of life or limb at
the hands of those gentlemen, but he did
fear that they would endeavOr to carry out
the resolution of the Council, and deprive
him by force oil the property Of the city le-
pally in his possession. He asked, there
fore, that they be bound over to keep the
peace. ....t.--.s... ...--!
Mr.. English then addressed the court in
defence of the action Of the Council, and ei
the acts OF himself and the Chief OF Police
in carrying out its orders. He denied, how.
ever, that any violence had been, used in
erecting Davidson, and said that although it
was his purpose to use all proper means OF
getting possession of the city property, no
more violence would be used i'll the futuro
than in the past. In conclusion, he asked
that certain pessons who witnessed the
ejectment OF Mr.. Davidson be examined as
to what toccurred. 30 ~ t2-h.-S
The witnesses, were then sworn, and tes.
titled in accordance with the statement
given in the Dispatch ut. the time Of the
ecctment. ,-,. :. Z
Messrs. Daniel and Sands on the part OF the
complainant, and MIR. English for the de-
PENDANTS. EEK. -s
Judge Fitzhugh then gave his decision
1t was TO the effect that the Council had nc
Fight to olSt Mr.. Davidson byillegal means
even though he We're m illegal incumbent
of the Office, and that the means which had
been used were illegal. He thought. how;
ever, that the lust resolution adopted by the
Council was intended only to authorize the
police force to ascertain where the property
appertaining to the office was, and then tc
take proper legal means for its recovery
But when l party comes before conser
yator of the peace and makes oath that his
person or property is i'll danger, there was
no alternative but to bind him over to keel
the peace. ~ -, -fs ,@,-.y ,,..:.,-,
] Mr.. Sands here said that as Mr.. English
had twice said that he intended to carry Out
the resolution at all hazards, he would ask
that the security required in his case be
fixed at from 81 900 to s., ,000.. ,stf Itrt-
| The Judge replied that he deemed it I'M
necessary to require security in 50 large an
amount, as the parties before him were al
gentlemen of respectahllity and standing,
and would not be likely to violate the law
He therefore fixed the amount at $3.50, ex.
cept in the case of Mr.. Bossieux, who was
discharged, he not being called upon by the
resolution OF the Council to do anything in
fnrtherance Of the ejectment. -zrgf - 8,
Messrs.s English, Poe, and Peasants were
then bound over to keep the peace, with
Ludwig Hoyer;as security in each case. :
Later in the day Mr.. Davidson was ar
rested on warrant obtained by Major Poe
for perjury, In that he swore falsely when
he made oath that ;he had reason to- feaI
bodily harm from him, the said Poe. He
will appear before the Police Court this
morning to answer this charge. ~ I;rGg !