The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-04-25
COURT OF APPEALS.
A Murder Case and Raiiroad-Aecident
sult Decided.

| Huft D><t~~
In the Supreme Court Yesterday. In the
case OF Moons administrator against the
Richmond and Allegheny Railroad Com
pany. which went no on q writ OF error TO
a Judgment Of the Circuis Court OF the
city Of Richmond, rendered on the 21st Of
December, 1881. Judge Fauntleroy deliv-
cred the opipiop. Moon was killed while
In the company's employment.
The evidence showed that on the morn
ing OF the 25th Of July, 1881, material
train was running down the road. tender
| In front. engine reversed, ears following.
| The engineer, Haffner, shut off steam
Just before getting to the grade at the lock /;
pitched over grade and saw hands at work
'on the track half.mile ahead; got near
party Of men working on the road, san no
| fdq out put on steam enough to tighten
the couplings. Just before getting up to
them, was sitting on box with back to
canal, could see between the engine and
tender the men standing near the track,
and when he had passed number of them,
and thought he had passed them all, gave her
steam again to quicken up, and just after saw
tender jumping; knew 1t was on the track,
shut of steam, and was, with his engine,
carried over the banks. The outer rail had
been taken up in order TO raise 1t on the
outer curve. II had been raised and the
end OF the cross-tie camped- that Is. gravel
thrown under the end-but the dirt had not
been rammed In and packed. Foreman
Herndon did not signal the approaching
train to signify an unsafe condition OF the
track. When the train in question whis-
tied for Gladstone station, two miles of.
the track was up, and the hands were filing
in with dirt. Herndon said, "Hurry up,
boys; let's get the track ready before the
train gets here" The train came on before
the work was done, and was not signalled.
Herndon waived his hat, as il to say Come
ahead"; but did not show what he
meant by the waving OF his hat. The
| train came on and jumped the track. About
where the tie was camped q wreck ensued,
In which Moon, brakeman, was dread
fully mangled, and died soon after.
The Circuit Court Of Richmond, at the
| trial, refused TO give the instructions ask
ed by both plaintiff and defendant, and
gave instructions OF its own, and instruct
ed the jury substantially in favor OF the
railroad, and that the railroad was not re-
sponsible for the negligence OF Herndon,
| the section foreman, in failing to signal
the train. and verdict was found for the
railroad.
Moons administrator appealed. and the
Court OF Appeals reversed the decision OF
the Circuit Court Of Richmond, as stated
above, for misinstruction to the jury.
r. II. Hubbard was counsel for appel
lant, and Johnston. Williams & Boulware
and Darlington & Fitzhngh for the appel
| lees.
MURDER CASE.
The case Of Lewis Us. The Common
wealth was decided by the Court OF Ap-
peals Yesterday, reversing the Circuit
Court OF Southampton county.
On the .21st day OF May, 1888. Salathlel
Lewis shot and killed John L. Newsome.
The accused was tried in the Circuit Court
OF Southampton county on the 10th day OF
November, 1883, and convicted OF murder
| i'm the second degree, and sentenced to
confinement in the penItentiary for seven
teen years.
The evidence showed that they (he ac-
cused and deceased) had been in bad blood
against each other for some time about
some trifling accounts, and the deceased
had often in the presence OF and In the alb
sence OF the accused threatened to kill him,
saving Ia him and OF him II he did not pay
him some money he owed him he would
kill him, and when he went TO settle with
him he would have a pistol, and keep his
hand on it all the time. and il he (the ac'
cusedl would go around the corner with
him somebody would need q coffin, or
similar expressions.
On the fatal day the accused was stand
ing at the bar, in Gardeners bar-room,
with his left hand toward the counter bis
right hand was withered from some ante
cedent injury. A good many witnesses were
present, yet nobody seems to have seen the
shooting. The deceased came up and said to
the accused, 4" Pay me that money" The
accused said. Don't you ask me for that
money any more" A pistol was fired by
the accused, though nobody saw him, II
| seems. The deceased staggered to the door,
and said, Pm shot" Drew his own pistol,
fred twice at random, and then succumbed.
The accused had his face covered with blood
and sharp cut over his right eye. Nobody
shows or states how this cut was received.
The question in the Court OF Appeals
turned upon point OF law under the
instructions, the Circuit Cour. having
refused to "instruct the jury that the
threats made by the deceased prior to the
day OF the killing, as well those made TO
the prisoner in person as those made to
others and communicated by them to the
prisoner, were to be considered" The
Court OF Appeals reversed the judgment
and remanded the case for a new trial.
GeorgeD. Wise represented the accused ;
Attorney General Blair the Commonwealth.
Opinion by Judge Fauntleroy. Judge
Lacy concurred in the result. but not in
the opinion.
OTHER DECISIONS.
Planters Bank OF Farmville against Whit
tie and ais. From the Circuit Court OF
Prince Edward county. Reversed, Judge
Lewis delivering the opinion.
Neal and ais. against Farinholt. From
the Circuit Court OF Essex county. Re-
yersed, Judge Lacy delivering the opinion.
Wright against GoodalPs executor and
ais. From the Circuit Court OF Hanover
county. Reversed, Judge Hinton deliver
ing the opinion; Judges Lacy and Rich
ardson dissenting.
Kendrick against the Commonwealth.
Rehearing denied.
Clay and ais. against Walter & Co. and
ais. Argued by W. W. Henry for appel
lants and Major J. II. Darlington for op-
pellees and continued until to-day.
Baseball.
Next week the Richmonds open their