The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-06-21
rnterest,ng Habeas Corn,,s f,ase.

Some two weeks since Josephine Ander-
son and Lizzie Watson were arrested upon
wprrant issued by Justice 2. McDivitt.
which warrant charged the parties with
ieloniouSly breaking into the house OF
Laura Knight IN the nighttime, and as
saniting WITH ueadiy weapons Clara Davis,
with intent to MAIN. disfgure, disable. or
kill her. The accused were tried before
Justice McDtritt. who. imposed a fine of $50
on each of them, which was paid, and the
prisoners released after giving bohr, tn
keep the pe"ce. tie Justice deciding they
were not guilty OF the felony, but guilty Of
a misdcmPannr.
On the third day after the discharge Of
the accused by tho justice 1t was repor ted
that the wom'n Davis was in dangerous
condition, and the Mayor and Chief of Po-
lice visited her to inquire into the matter.
While there. at the woman's request Mayor
Cobbs issued his warrant for the rearrest of
the parties f'r the same offence for which
they had been tried by Justice McDivitt.
This caSc came up yesterday before the
Maror, ard the accused. by their counsel,
MrsSrS l.. L. Goggiu and T. n. Williams,
plead the former trial, conviction, and pun
lshmcnt in bar OF sHv further proceedings
against them: but after an elaborate arg,l-
ment OF the plea by Messrs. Gosgin and
Williams for the defence, and Mr.. A. Chris
tan for the Commonwealth. the Mavor
oVerruled the plea, and stated he would try
the case upon lis merits,
Thereupon counsel for the accused asked
Tune to prepare writ Of hobeas corpus.
which was granted. and the writ awarded
by Judge John G. Haythe. Judge of Camp
bell County Court, and made rel urnable i'm
mediately. Chief of Police Hardwickc an
swercd to the writ by producing the prls-
oners, together with the warrants upon
which they were held in his custody.
Mr.. Gogg'n, counsel for the prisoners,
spoke at length, quoting recent act Of As
Sembly giving all justices of the peace, in
cases not telonious, concurrent jurisdiction
with the county and corporation courts
and he contended as the p iSoncrs' liberty
had been once placcd in jeopardy by the
action of Justice ilcDivitt, the Mayor had
no right to rearreSt them, and they were
now unlawfully detained.
Mr.. Christian, for the Commonwealth,
responded by quoting the law, and said
that while he Thought the justice was act
ing under an honest conviction, he had no
authority in any case Of felony TO impose a
fine. nor do anything more than TO send the
party on for trial where suspicion Of guilt
existed. If the justice had erred, as he
thought he had, the parties were rishtfully
in the custody OF the Aayor, and should be
held for trial.
MIR. Williams closed 1.-The case with 8
lengthy argument in behalf of his clients,
when the judge decided that the parties
having been tried before Justice McDivitt,
aGd having decided the case to be case of
simple assault, he (the judge could not I'M
Gertake to say it was felony and us the
Legislature had given justices concurrent
jurisdiction with the courts in such cases,
he would discharge the prisoners; and
thereupon released them from custody.
I he case excited considerable interest
from the circumstances attending, and es-
pecially from the fact that it is the first case
Of the kind that has been reported since the
passage Of the act by the Legislature giving
justices concurrent Jurisdiction with cor
poration and county courts in misdemeanor
csseS.-Lynch5ury Netcs.