Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-12
NEW LEASE OF LIFE.
WILLIAM BROWN, TWICE CONVICTED,
GIVEN a NEW TRIAL.
Tho Corpus DeiIoti Not Proven--Mr. Jewitt
win Oct His CONFERENCE.-The
Important Decisions.

II Rocky Mount. in Franklin county, has
been given "A new lease on life.
For this he Is indebted To the Supreme
Court. which IN an opinion delivered yes
iorday by Judge Fauntlcroy and IN which
the entire court except Judge Lacy con-
urred. reversed the County Court Of
Franklin. wherein Brown was convicted at
che July term and sentenced 30 be hanged
on the 18th Of September last.
The case is now remauded 10 Franklin
nd the negro will be tried a third time.
Having been twice sentenced 10 be hanged
ilr arson and barely escaped such doom
lc doubtless breathes more freely now.
TuE CASE.
The dispatch has few readers who DO not
remember the circumstances connected
with the distressing Rocky Mount FIRE. 10
occurred in the most heated part Of the gu
boruatorial contest in which Mckinney de-
ftaicd Malone By 1900 majority.
During this excitement the little General
made an appointment 30 speak In the quiet
village IN Franklin and his friends tried 20
.Hcgrc the use Of large warehouse owned
bg Democrats Of the town for the meet
mo and were refused. lie had 90 take
Tho small courthouse. Not many could
cot in 90 hear him. Parsou Massey and
Cyclone" Jim Marshall followed Mahone
u.rse crowds in this same warehouse.
This fired the malicious hearts of some
4 the black politicians Of the place. and
:hat night they determined 90 burn the
.0Wn IN revenge for tho aflrOnt put upon
ihc.r political boss. The FIRE started
il the warehouse just before midnight,
and twpnty-siX stores and dwellings
were burned. and many Of the IN
mates of the buildings barely escaped with
their lives. In less than an hour one third
q the town was a Wild scene OF fire, fright,
8ud confusion.
sEtELAL WIRE ARRESTED.
The Town Council employed Wren's De-
tactiye Agency 0f this city, and Mr.. 4. ~.
LrIwncll, tucn the general manager Of tho
agency, which position he has continued
f1 fll since the death Of the famous John |
Wren. took charge Il the matter and was
assisted iu tire work by u negro detective. |
Auumber 0f arrest were made, and George |
T4riv, William Brown, Bird woods, and |
Mamie Woods were convicted ana sem |
tenccd 20 be hanged. An appeal was taken, |
fuf the Judgment Of the lower court was |
affirmed in al II the cases except that of
BROWN who WIS granted rs new trial on |
technical Ground Early and Woods werO |
executed ON the 22d Of August last, and tho !
.y1m.u's death sentence was committed to |
impr-1umcut for life. She was taken to |
cp,uitontarY IN September
fHNTfNMENii OF ERROR.
I'm Che application 20 the Supreme Court |
for 20 news TRIAL there were three assign |
mcntsuf error. %, follows:
Ttatfne wr.t u yeulre faciss was not proper
'Ite refasaiofno trial court 10 exclude from
The Jury thr evidence Of thc witnoss Lucy Saun-
dom, upon tho ground that 10 was tmmnteral /
ana Irrelevant aud calculated 90 excite and mis-
lead the jury 90 tte prejudice Of the prisoner
The refusal o. lhe County Court 70 set aside
a FNH.at rHaH ~
cheney OF the evidence
The first two points are dismissed with |
brief notice, but ON the lust one Judge
tauufI,roY who is always whole-souleo /
aui interesting IN las opinions, dwells st
considerable length.
TyIDEsCE not SUFFICIENT.
In this connection the Court says;
"Tl1 consideration Of tho evidence for tho
Commonwealth alone conylncr5 va that 10 a.
wholly insufficient 20 warrant The verdict OF tho /
jury, which BE- ulRinly wrong tho e0ypffs dsticit
Is not proven as 30 must De beyond reasonable
doubt ike oyory other fact material 10 establish
tle g.ilt ~ tho accused. The facts aiated by
fhe Commonwealth witnesses DO not fully and
sltsfA .tIrily prove that the fro which burned
flo warehouse ana from 10 was communicated %
ttr buildings 90 the town was Of inccn1iary
origin. ana thoy 10 not exclude mo hyp0'hesls
that the nro may have originated from accl-
dental causes' tsiBrkios Evidence, Volume j.,
pago 5ll)
rmE-wArFR AND TOBACCO.
"The record shows by the witnesses for tho
prosecution that there hal boon hold In that
warehouse, That day. large ana proniscuous
crowd Of excited listeners and spectators At pub
lie political speaking and tho tOmmonwenlths
witress himself spoak0 OF Bic anxiety and ap-
urcheusiOn N the danger Oi IRE from ITO cigar
s,ubbsi or anything elise with IRE on it being
ieft 10 tho Warehouse. though, indeed, hc does
not fpcak ~ any liability Of connagraton
from 'nrc-watcr or whiskey-the twin ab0mina-
uonH aud c0nc0mitaut of tobacco. The testimony
Il a.. " H Halo, A. r. Runtord, L. &. CLARKE,
Dalton DillarI, and NOR stephens Il AL that
was offered by She prosecution TO provo mo
r1rJus dfIirfLn
Judge Fauntleroy reviews the evidence
of each az these witnesses, and SAYS that 10
Fl. Insufficient plainly and palpably 10 es-
f.biI.h. 30 the exclusion Of reasonable
Doubt. that the FIRE was incendlary lnitS orr
-.u and was not accidental.
GUILT NOT PROVED.
After declaring that even admitting that
f...rpis df.icu d. reasonably proved, the
evidence. all of whichis purely clrcumstan-
Ills. not sufficient % connect the prisoner
with t.a pcrpetratiOn OF the offence for
yI..E otlgr arents have been tried. con-
.irt.I aud hanged the Court concludes;
.It.- t,e whole case before va, as presented
nru'. r...rd, We are Of opinion that the verdict
tu-f.ir IL unWarrantod by the evidence, even
..as. i.rug that for the Commonwealth alone;
ara flsf DE trial court erred In overrnlng the
motion flr the prisoner 60 sot IL aside aud award
l.la uew utsl. that the judgment complained
no I- erroneous and must Do reversed ana over
r.'cl Dad now trial granted % tue prisoner
sIr. Jewett Wins His Case.
1a.ofv Rtchuond case decided was that OF
Williams & Boulwsre, Trustees OF tho Chester
Sold Cook aud Iron Mining company against
George A. Jewett, which Involved the Question
o. agency. his was an sppesl troln INC Wy
D.l-lt Court whore Mr.. Jowcu recovered
1..lI-t aud Judgment for tl89A' subject 70 az
c-,et ~ EG8,. This was for 8 per cent cotn-
mission ou tue sale ~ certain properly IN
..,sieraelf county held 10y the trustees.
rl, sale was made by another person
CD Mt Ware h. Gay ana ASSOCIATES, DuI
rfr Taveu claimed that under bis contract no
wen O. receive tho commission 90 Any -aio maze
uy hiuself or others durtug thn continuance on
hit agency. The trustees, on tho olhef hhhi' m
ris'ri that while Nj JeNeU hs1 peeu pau lHr
collecting ronta paying taxes, &c, he Was only
lib receive oInniiseiou on no sale II male by
20 nsti Mr.. Jesott also claimed that ne irst
lrer the attention ~ the purchasers 20 ne pro,
perry and showed thom over 10, and ne charged
mat there was conspiracy against HIM when
lc1 T. another person making we naie' INC
Judgment % ne Trial court was anrmed, Judgo
lay delivering the opinion; Judge Lewis eon~
curing in tho result
O,her Cases.
Graham against larmor. From circuit court
Il Washington county. Affirmed, Judge heh-
srisoa delivering opinioa, Julso linton us
aentirg Judge Lacy NOS sitting
yewl.r against Commonwealth. From Corpo-
ration Court Of iynchburg. Reversed, Judge /
Lewis delivering opinion. . e,,. |
Jones against Temple. Prom tho Circuit
Court Of Brunswick. Reversed, Judge Lacy de-
lycrng tle opinion. -,
Trausf0ri. Treasurer, agalnei harn hicE-
.ou ana nine othor cases. From the Corpora
uon Court Of Lynchburg. Dismissed as iinpro |
.f4ntly awarded. Judge Hinton delivering Tue
rrfuiou Those we're ton coupon cases, aud
vtUc many grounds % error were alleged All OF
ftem went 81 because tho amounts involved
we're an lots thsu t5Ql
keyssr against honRer. From uo circuit
court ~ Frederick county. Reversed, Judge
LACY delivering the opinion.
R,hpr against Boiling Put on ihe privileged
docket
Young against Young, Argued 10y G. hatton,
Esl fnr appellants aud submitted
Ieopies National Bank against kathie' us
missed. Agreed.
Fry asanst Leslie Argued by J. W. Foster
i1l Iilintld Ia error.
The GRAND LODGE AOJOURNS.