Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-20
THE WHEELS OF LAW.
DECISIONS IN THE SUPREME COURT OF
APPEALS YESTERDAY.
Brook-rurnpiks Case Before the Hsnrico
Circuit COurt-Polics
Matters, Go.

All OF the judges of the Virginia Su'
preme Court OF Appeals we're on the
bench at 1870 yesterday, and opinions
were read or handed down in the follow.
ing cases:
Morris against Lyon. From the Cir
cult Court of the city of Richmond.
Affirmed, Judge Lewis delivering the
opinion; Judge Fauntleroy dissenting.
This was the suit about the Diamond
cross breastpin, and tho judgment is in
favor OF Mr.. Lyon, the Court holding
that having had peaceable possession for
five years this action could not be main
tanned against him.
Yates against Town OF Warenton.
From the Circuit Court of FauQuler
county. Affirmed, Judge Lacy de-
liveriug the opinion.
This was a matterabout the dedication
of street TO public uses, in which the
whole subject is treated in an able opln-
ion.
Wells's administrator against Ayers
and ais. From the Circuit Court OF the
town Of Danvile. Reversed. Judge
Fauntleroy delivering the opinion.
Robinson against Crenshaw. From
the Chancery Court Of the city OF Rich
mond. Reversed. Judge Hinton de-
liyering the opinion.
In this case Colonel John II. Guy sat
as judge, Judge Wellforl being so stu
atcd that he preferred not to preside in
this trial. The original questions arose
in a case decided in the Virginia Su-
preme Court some years ago as to the
execution of marriage trust As n
result the Supreme Court now decides
that the lot on the dock bought and
occupied byS. II. Hawes must revert to
the trust fund. In other words. that Mr..
Hawes's title is not good The decision
is the same as 20 portions OF the lot con.
demned (without fully complying with
all the requirements OF law by the city
OF Richmond and by the Richmond and
Danyile Railroad Company. MIR.
Hawes acquired title of Mr.. Lewis ID.
Crenshaw, who bought of bis brother.
Perkins against Jones. From the
Circuit Court of Albemarle county.
Reversed, Judge Lacy delivering the
opinion Judge Lewis filing a dissenting
opinion.
Wambersie against The Orange HUI
name Society. Argued by George Per-
kiDs, Esq, for appellant, and W. W.
Burgess, Esq, for appeliees, and con-
tinued until to-day.
TIE RPoOE -TrrpNpTEF CASE
The hearing of what is known as the
Brook-turnpike case was begun before
Judge Wexford, of the Henrlco Circuit
Court, yesterday. This matter comes
up from the county. as is legally termed,
an appeal as OF right.
Some months ago the county road or
turnpike viewers made an inspection of
this pike, aud reported that the two sec
tions nearest Richmond were in good re-
pair, but that the other four were not
The County Court quashed this re-
port, because the objection was raised
that only two OF the viewers went over
the road, whereas all three should have
gone. The second time all three
Messrs. L. L. Harrison, c. l.. Miller
and Henry Voeger-made the tour of
inspection. They confirmed the first re-
port. and the County Court condemned
the pike, and directed that no more tolls
should be collected until the pike was
put in good repair.
Commonwealth 's-Attorney Thomas, as
sisted by Messrs. Conway Sands aud
Churchill Christian, representthe county
and interested citizens. while Mr.. George
p. Haw appears for the turnpike COM
pany. Mr. Haw, when the case was
called yesterday. made a motion for n
Jury, but this was oyerruled and the
trial begun. A number of witnesses
were examined and the case will proba-
bly, be concluded to-day. Unlike most
appeal cases, in this one the evidence
given upon the trial in the lower court
is not produced in the higher court as a
part OF the record.
HUsTINGs COURT.
In the Hustines Court yesterday Mabry
Pear (colored) was fined 81 and sent to
jail for ninety days for felonious assault
on Toney Pacini.
POLICE COURT.
There were but four cases on the
docket of this court yesterday. One
citizen charged with being drunk was
discharged and the other cases were as
follows:
Charles Flanagan was charged with
feloniously assaulting and wounding
Robert Brown. The evidence showed
that it was a trihing matter. Flanagan
was required to give bond in the sum OF
$500 for his good behavior
Andrew Buckner (colored), an old Of
fender, was jailed for thirty days for
stealing one chicken worth 25c., the pro-
perty of Oscar Jones.
Maggie Nelson (colored) was jailed for
fifteen days for entering the house of
Sarah Matthews and stealing one lot of