The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-17
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+ = 81 Ffie False Ff-e-Alarlnnpsss. npssss
ExaaiNaT1oN eop dR. w,1IpxAs SBY THE po-
LICE JUSTICE SUSPICIOUS MOVEMENTS :or
AocUaED soNsTHs4 WIGHT oPftTHE fIRE--
b VousD DGuILTY-sENTEhcE SUSPENDED.
The case ofJohn Waidman, charged with
violation Of the city ordinance by turning
In false alarm from Box 81 on the night
OF the 10th Of February, was examined yes
terday by Police-J Justice White. The chief
Testimony against him was given by Police
man Cartwright. The latter was on Cary
street between Seventeenth and Eighteenth
streets when the alarm was sounded. He
ran up Cary street IN the direction of Thir-
teenth, and when between Fourteenth and
Fifteenth saw two men standing at the
mouth Of the alley in rear Of B. f. Will
liams's, and o third running of up the alley.
The man running OFT excited Mr.. Garth
rights suspicions, but these were allayed
upon seeing that one Of the two men
at the mouth OF the alley was a fire.
IL the box sounded was 43er "a. Mr.. Gath
right answered 81, and continued on his
way. Waldman, alone, arrived at the box,
where the crowd was assembled around the
engines, some two or three minutes after
Cartwright got there. Cartwright asked
Waldman the name OF the man who ran off I;
also the name Of the man who was standing
at the mouth Of the alley with him, which
information Waldnan refused to give.
Cartwright then accused Waldman Of turn
ing in the alarm, and Waldman did not deny
the charge. -
THE DEFENCE.
Mr.. Cottrell, witness for the defence,
Il, Eol al hot !,
and his two brothers (the two men hereto
fore alluded toy and Waldman were near
the corper of Fifteenth and Main streets
when the alarm was sounded. Witness ran
on towards the fire, leaving the others be-
hind him but following in the same direc-
ton.
The evidence of MIR. John D. Lively was
that he was at the corner of Fifteenth and
Main streets when the alarm was sounded,
and that if the four men had been there, Us
stated, he believes he would have seen them.
THE TWO MISSING MEN.
1t was stated by Mr.. Cabell. counsel for
accused, that the two men referred to were
on visit here at the time, and had since
left the city in pursuit Of their business.
Mr.. Cartwright said that the man who
rushed into the First Station-house the same
night and gave false fire-alarm was
stranger, and that il the two men in ques-
ton could be brought into court he could
probably be recognized
THE FIRE COMMITTEE.
1t also appeared that the Fire Committee,
in examining the case, heard no testimony
except for accused, and that Waldman re-
signed his membership Of Company A in
consequence of the suspicious attaching to
him. Some effort was made by Mr.. Page
for the prosecution to show exactly what
Waldman's defence was before said COM
mittee, but that was vain, as no officer OF
the Fire Department or committeeman who
was present ut the investigation was in
court.
[The Fire Committee was constantly re-
ferred to in the proceedings, but the Board
OF Control, and not the Council committee,
was most probably meant.l
Several witnesses, whose names are not
mentioned here, were examined. but their
testimony was not important. That Of one,
Mr.. Wren, went to cOrroborate the evi-
dence of Mr.. Cartwright about the pres
ence of ga fireman " near the alley referred
to about the time of the alarm, which was
past midnight. f&
EVIDENCE FOR ACCUSED.
Mr.. Cabell maintained on the part Of the
defence that Waldman had proved that he
was not at the box when the alarm was
turned in; that the fact OF his standing at
the mouth Of the alley and not running off at
the approach Of the policeman was indica-
tive OF his innocence, and that Waldman
was drinky on the night in question and
very likely did not know exactly what
Cartwright said to him at the box.
GUILTY.
The Police Justice expressed the opinion
that the man who ran Oft up the alley was
the one who turned in the alarm, and that
Waldman was pdrticepS criminaS. He
therefore adiudged him guilty. Sentence
was reserved until Tuesday morning, MIR.
Cabell having raised the point whether il
| was competent for the City Council to pre-.
scribe both fine and Imprisonment, the
charter only empowering the Council to
mprison in default Of payment OF fine.
Bail was allowed. ....,.-
| TIE LAW.
| Mr.. Cabell means to appeal from the deci.
sion of the Police Justice if Imprisonment
lthe maximum is thirty days. is included in
| the sentence. II WaldInan is simply fined
it seems that he will refuse to pay it, be
committed, and then sue out writ Of hd.
beaS corpus. Mr.. Cabell insists that the
charter only empowers the Council to au.
thorize Imprisonment where the fine is not
paid, and that they cannot authorize both
fine and Imprisonment, &C.; in fact, that
the ordinance is wholly nugatory and in
valid. = .,g,s
Mr.. Waldman desires it stated that some
of his witnesses were absent, and that he
will hereafter prove where he was all night
of the night in question.
COLONEL JOHN FL. GUY AS JUDGE.-The
case Of Howe, Knox s. Co. Us. Sheriff John
Wright, involving the question Of liability