The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-17

SUPREME COURT DECISIONS.
A. GUARDIAN BROUGHT TO ACCOUNT
BOGUS WILL REJECTED-A MURDERERS
LAST HOPE aONE-oTHER OPINIONS.
In the Supreme Court of Appeals yester.
day, all the judges present, Judge staples
delivered the opinion in the case OF Hall Us.
SweeDy, being an appeal from the CIRCUIT
Court OF Pitisylvauia county. In this case
guardian being indebted TO his ward in
large amount for money received before the
war, in January, 1863, caused himself to be
removed from the office of guardian by q
motion in the name of one Of his .suretles.
The court removing him directed q settle
ment of his accounts, and that he should de-
posit any balance found due in the iPlttsy },
yania Savings Bank. The deposit was made
accordingly in Confederate currency aDt the
whole was lost by the Insolvency and failure
of the bank The question was whether the
order and the deposit relieved the guardian
from bic lability2 .zo
Ybe court was Of opinion that the order was
purely ,ez parte in its character, without
notice to the ward or any one representing
his ipterests-apd was therefore made with
ont authority, and did not affect the rights OF
| the ward or the obligations of the guardian.
The fund deposited in the bank was the
money of the guardian, and not of the ward.
| The former was mere debtor to the latter
for money collected and appropriated, and
never accounted for by the guardian. What-
ever might be the indulgence shown 10 nou'
ciaries upon these transactions durlDg tne
war. no case has yet occurred In which o
guardian collecting funds in SOUND cur
| rency has been permitted to discharge MS
liability by an Investment of Confederate
Treasury notes, highly deprecated, in the
name of the ward. No e1 parte orders OF
ana court, however formally entered, can
| give validity to such proceeding. -, .N.
The acs OF March 5, 1867, authorizing tidu-
/ ciary to make investments of funds appiles
| exclusively to such as are actually In hano
at the time of the order Of investment ana
/ recorded in the due exercise OF the trust.
Both of these circumstances must concur pe.
fore the investment under the statute woulo
be valid. In this case neither OF them exists
The decree of the Circuit Court was there
lfore reversed, and the same remanded lor
proceedings to be had in conformity with
the views herein expressed. -,"
FRAUDULENT WILL REJECTED.
Judge Anderson delivered the opinion OF
the Court in the case of Ehbert and wife Ys'
Spilmau and others, reversing the decree OF
the Chapcery Court OF Richmond admitting
to probate a paper purporting to be the last
will of Anthony A. Krlscnman. hrlschman
died in 1858, and tie so.called will was not
found until fourteen years after wards, "neD
az Mrs. Krischman alleges, she discovered IL
and two bonds in pile Of old papers. By the
lproyisions of the so-called will considerable
property that would not otherWlse
| have been hers was bestowed upon
the widow, and the two bonds were IL
favor of persons Krischman was not thougn'
to be indebted to. Neither the " WILL" mol
the bonds, nor the signatures 10 tnem, Were
| known to be In Krischman's hand~rltihS
The testimony on that point was quite con
flcting, but the weight oft was aSaiGst tne
authenticity of the writing. Inc supreme
Court rejected the will, and Judge Anderson
pronounced his judgment that the oonos
were also fraudulent. All the Judges eAcep
Judge Bouldin, who did not sit In the case
concurred with Judge Anderson as 10 tne
will, but did not wish to express an opinion
as 20 the bonds, which are now the supJec'
of litigation, which may reach tne ouplsne
Court. Judge Anderson said he reierreo &C
the bonds because they were mentlonea IL
the record.
A MURDERER's LAST HOPE GONE.
4 Judge Moncure delivered the opinion o.
1.-THE court in the Howell murder.case, being
an appeal from the judgment Of the Circuit
Court of Patrick county. The facts OF the
case are these: Howell is man about forty
FIVE years old, robust, and would weigh pro
badly 1e0 pounds. Lee Martin, the deceased
was about fifteen years of age, and weighed
85 pounds. In December, 1873, Lee Martin
was going to school with the children o
Howell. Some difficulty originated between
the children. Howell saw the teacher about
it,and told the teacher not to let his children
be imposed upon, but that he (the teacher
needn't say anything to Martin about it
that he (HoWelll would see Martin. A day
or two before the homicide HowellsWas in.
formed that Martin had been cursing and
abusing HoWelps wife, and Howell was ad'
lyised at that time to see Martins mother
Il about It, but he refused to do so,and replied
"I'll get him yet" On the day of the homl
Eeide Howell, who is the owner OF grlst
mill. went to the house OF q mar
named Via, who lives some three quarters o
La mite -froni the mill, and told-Via~ that he
was afraid that he had stretched Lee Martin
and he wanted Via to go with him to the
min and see about it. Hefnrther said to Wa
that he was in his mill cnopplDg VIII
hatchet: that Martin came there with gag
l lof corn; that he walked into the mill, pu'
/ the bagofl corn down and drew hls pockee
| knife, rushed at him (HoRell) and attempsee
Ito cut him that be. (Howell) STRUCK MarliI
I with the hatchet three times, and tnat Mar
ltin fell from the upper floor 70 the ioWel
floor OF The mill, distance OF about elen
fleet. When the witness Via reached t1t
lmilI Martin was not, dead. but was entireiJ
insensible. Two of the strokes OIL sht
hatchet had cut through the skull I some LYs y
i ortbree inches. The sack. Of corn was lyin!
near the milI-hopper, and the hatehet on II
bloody. Lee Martin was on the lower MOO
Of themiii. His hat was lying sene distane
1 from him, and showed no marks from tn
scuf1e. 4. 4f IS ;. !, s.
The case was tried before Judge Tred way
leircnis Judge, and the jury brought in a.Ver
j dict of murder Ia the first degree. pol
this an appeal Was allowed 10 the Court Q
! Appeals, and Judge Moncure delivered sh
opinion OF tbe litter court, afilrming U
Judgment Of the lower court. -
II The Question raised was whether the tss;i
4 proysn constituted murder In the sfrst Or q
!lcead degree. All tbs sadges except vpaa