Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-05-02
MR.. R. G. SC0TTS FALL
1nE CITY RAILWAY COMPANY MUST
PAY HIM So. 500 FORT.
Other Decisions from the Supreme Court
Glenn HOnorably Acquitted of tho
Charge of Forgery.


by the Richmond City Railway Company.
TIM CASE.
On tho 20th Of September. 1883, Mr..
Scott took a strcet-car on Laurel street
about three squares south Of Main TO go 10
Broad street. He informed the driver (who
ac'cl also as tho CONDUCTOR where he
wanted to 60.
~ that time 10 was usual 10 transfer the
pas-cnCcrs from the HOLLYWOOD Link "
& the Broad and Main-street lines at tho
intersection Of Main and laurel streets,
and IL go happened that the city had dug
trench N Nam street near where the
Hollywood car usually stopped.
This excavation was IL or IA feet long, 3
fcri wide. and 10 feet deep, aud was on the
west side of the Laurcl-street track.
THE ACCIDENT.
II was near about o'clock = NJ. when
fhc Hollywood car arrived at Main street.
and stopped so TINT It's steps Con the west
crn s.aeJ were IN close proximity to this
trench.
Tho tronsfcr-acent of the street-car COM
uauv got aboard and was told by the
driver that there were VA passengers 10 20
r. Broad street.
Ihe agent. who knew Of the trench.
swung himself out from the platform,
ea.,iy cyadcd It, and landed in safety.
Ni1. Scott followed him and. not noticing
The excavation though there was red
lcht On a barrel at tho head of O.. stepped
int IL and received severe injuries.
Ile brought o suit for damages and got
judgment for $500.
THE CONTENTION.
TIE railway company maintained that
fhcr were iu nOwiee liable. but Judge
HIrton's opinion explicitly set forth the
lr. fo DE that II was the duty Of the RAJ l.
way company either to have stopped thel-
g., short Of or bevOnd the place of danger.
az 90 have pointed out the existing danger
to Nr Scott and assisted him over It.
Falling b. adopt either OF these reasonable
pr,eaution- they were guilty Of negligence,
and. therefore. liable 10 Mr.. Scott for dam
nrcs. as ascertaincd 10y the jury.
$50 Of the members OF the court con-
cured in tho result of Judge li,nton's
urYiDu. though some of them dissented
u. 200 expressions used with regard TO the
nv mp 90 the time of the opinion IN the
McCooi case.
OTHER sUrKTVE COURT cAsEs.
N1lcr's administrator against Potter
fri4. rom the Circuit Court Of LOudoun
county. Reversed, Judge Lewis delivering
IT, opinion.
Garrett against Hutchcson. snorif. From
t.r Circuit Court of King William county.
Reversed, Judge Lacy delivering the opln-
i.u.
Mcdonald against Hurst Purnell & Co.
From the Circuit Court of Essex county.
Reversed. Judge FauntlcrOy delivering the
opinion Judges Lacy, Lewis. Richardson,
AID huton conCurrinc in result.
Parrish AGAINST Mingo. Elicit Crump.
From the Circuit Court OF King William
county. Affirmed, Judge Hinton deliver
ine the opinion: Judges FauntlerOy and
Richardson dissenting.
Saunders against Parrish. Rehearing de-
med.
cd.
This vas the case whore Dulany was
held to be subject to n loss of about 1000
because of usury-the usury consisting IN
causing Mecm 10 pay IN addition TO the
LEGAL rate of interest the taxes chargeabie
upon the evidences Of Indebtedness given
Duiany 10y Moem.
Davis AGAINST Commonwealth murder
case. Writ of error refused 10 "a judgment
Of the Circuit Court Of Henry county rem
dered on tine 18th of February. 1890.
Mcuefee against Jones. executor. Appeal
refused 10 a decree of the Circuit Court Of
Rappahanuock county rendered on the
23d Of May. 1889
Richmond and Dauviilc Railroad Com
pany. kehearng filed.
The court adjourned tor the term.
Fmmet Glenn Not Guilty of Forgery.
The most important case before the Po-
lite Court yesterday morning. in fact tho
only one 10 which any general interest at
tachcd. was the continued one of Emmct
q. Glenn, charged with forging the name
ot John Dcu1lcr ID two negotiable notes
ono TOR $40 and the other for Sl06.
Al of the facts in connection with this
case. as we'll as the circumstances under
which tho arrest was made, have been
published in the Dispatch. and, as very
strongly intimatcd yesterday. there was no
evidence TO show that thcro was any
forgery committed.
WHAT alR. DTN2LEE SAYS.
The only witness examined was Mr..
DcnZler. whose name was signed TO the
notes IN question. lie sad he dId not re-
member having signed these two papers,
though the signatures certainly looked
like hls Own.
Mr.. Allan. counsel for tho young man.
produced several notea the gcnulneness Of
which was not denied. and asked the Court
o. mix thealleged forged ones in with these
and let the witness pick out those which
he did not sign, II there were any such.
This Justice CrutChfield did. first mar king
ltlR TWO AlltEtl lAAuuNituA uOliNs
M Dcnzler scanned them all closely and
devoted about five minutes time 10 their
examination. He said tho signatures were
AL -omuch alike that If any were forged he
could not detect il. He still could not re-
member having given the last two notes
but said he supposed they must have been
given 10 renew others of ike amounts
Tho only way that he could account for
h,s failure to remember the transaction
L.. u1.r,t IN IA L.
end must have been walked up some time
20 sign the renewal notes.
noNoBABLY DISCHARGED.
Justice Crutchhcld remarked that there
was no evidence 60 sustain the charge, and
that he would therefore dismiss II and dis
charge the prisoner. Mr.. Allan thought
the Court should put it honord5ly dis
charged. The Justice replied that he was
bouorably discharged so far as the evidence
before him showed.
OTHER PoLIcE-coURr CASTS.
Alice Baker Dcolored). charged with
breaking and entering III the daytime the
house of Sallie Fox and stealing wearing
apparel of the value of St. Convicted of
larceny and sentenced TO three months in
George Weldon (colored) was charged
with stealing an apron and one Jacket of
lit Ntiut 0l i.l-Als INC ALDpf-ltN hl w IL
lam Lcftwich. Continued until Nav Sd.
Charles Dunbar, charged with breaking
aud entering the house OF Patty Barnes by
forcing three doors and one window and
asssulting and beating Patty Barnes and
Sarah Dickerson. Fined $40 and costs.
Imma Jordan (cOlOred). disorderlv on
the street. Security required for thirty
days in the sum Of Sl00.
Ben. Bailey and Alice Patrick (both col
oTed) were fined go and costs each fox
misdemoanor.
James Sutherland (colored), charged
with trespassine upon the property. of the
Chesapeake and OHIO railway for the pur-
pose OF committing suicide. Surety re-
Quired for thirty days.
John Gordon (colored), disorderly and
throwing rocks on the street Continued
until tomorrow.
Samuel Pride (colcred) was fined So and
costs tor interfering with Policeman Tai
man IN the discharge of his duty.
Letter-CArricF Hooper Acquitted.
The case of A. S. Hooper, formerly
letfer-carrier in the Richmond post-oifice.
charged With robbing the mails, was tried
Ia the United States Circuit Court yester-
day. Judge Hughes presided. Hon.
George ID. Wise appeared for the defend
snt and Distriet-Attorney Borland and
Assistant BrlstOw were present for the