The times. [volume] (Richmond, Va.) 1890-1903, 1891-02-13
THE MURDERER MUST DIE
SUPREME COURT DECISION AGAINST
NUSCOE.

4 Nccro Il 70 he Hung for killing Policeman
seal In Opinion by Judge
tg,n,on-Othcr Cases Decided Yestcr-
day.
An opinion was handed down yesterday by
Judge Hinton ia the supreme Court of APP
,..i. IN the case Of Muscoe against the Com
,,aNealth. affirming the opinion Of the Cor
,.afion Court of Charlottesville, where
IL the prisoner was sentenced to be
fr-ad This is tho second time TINS
ems. has been decided by the Supreme Court.
r vas brought up the first time by a writ Of
,r.rto aiudsment of the trial court The opin-
,.rea. delivered at that time by Judge Lewis,
o..lold that the instructions were erroneous,
.-f the ease WAS rcmanded for a new trial The
...rI0n also held that there We're several
....r errors IN the ruling of the court below
THE VICTIM
The murdered man was a policeman of
Ciarluttesyille. and was shot and Killed by
fanri.0ner when he was in the act of arrest
,ng hm for u mi,demeanor without a warrant,
,rl NOT committed IN his presence.
tfter the murderer was awarded new
,..,I hn received the news very quietly. lie
va. found I'm his cell reading his Bible lie
sad Ie expected 10 be given new trial. and
t4, he trusted in the Lord to save him from
ls,Nooutlon.
T..u,W- If the new rial was received IN
Charlottesville with surprise, as everybody
Slowed his guilt 10 be established beyond
d.ut The prisoner was again tired AZ the
fU term of the Corporation Court of Char
l0.fc-,ille. was found guilty of murder IN the
first degree and was sentenced 10 be hanged
ontle oath day of March. 1890. A writ of error
was applied for and obtained. and the case
came aga.u before the supreme Court.
De- his petition al this time TO this court sew
eriI grounds of error are set out. The first
Was l.-.i upon the action of the trial court IN
..er-i ug the prisoners motion for change
Ofr.luc He moved for q change Of venue
and fled his afidayits III support Of 1t.
PEOPLES PREJUDICE.
ln his affidavit ho expressed the belief that
fl.re existed such preiudces against HIM IN
Charlottesville that II was impossible Tor MN
Il. obtain fair trial and verdict at the hands
of 3D. iurv AT that city He also called special
attention 10 the card of the Mayor OF Chai-
luff.syille IN the Chronicle. calling upon the
citizens to desist from AN attempt 10 Nn19
Dim. and assuring the public that ne would
he hung in thirty days after sentence was
passed.
PAIR TRIAL.
The Commonwealth introduced several wit
ne.ses. who testified that the prejudice
AGAINST the prisoner was not greater than -
u.ual in similar cases and that the feeling
had abated since the first trial. and that they
were satisfied he could obtain fair trial.
Judge Hinton reviewed all the evidence very
fully. taking up each alleged error separately.
The opinion goes on 10 cite authority TO show
that there was no instruction 10y the trai
court In point of law. nor no material ground
for "A new trial After fully reviewing the
case Judge Hinton concludes AZ follows
We find no error i'm the judgment Of the
CORPORATION Court of the city of Charlottes-
vile, and the same IS affirmed.
OTHER CASES.
Hurst against Dulany. From the Circuit
Court of Northumberland county Reversed
in favor Of appellee, Judge Lewis delivering
the opinion.
Delhi against Marchant. From Circuit
Court Of NIiddleseX. Affirmed, Judge Lacy
delivering the opinion.
Gregory against Parker. From the Circuit
Court of Portsmouth. Reversed, Judge
Faunterov delivering the opinion, Judge
Lacy dissenting.
Bibb's administrator against Norfolk and
Western Railroad Company. From Corpora
tion Court of Roanoke. Affirmed, Judge
Richardson delivering the opinion, Judges
Lewis and Hinton dissenting.
Tyler receiver. against Ricamore From
the Circourt Court of Clarke county. Affirmed,
Judge Lacy delivering opinion.
Hunter against Beach, and Holleran against
Meisel Rehearng All owed.
Bruce against John /. Roper Lumber Com
panv. Rehearing denied.
McVeigh's executor against Howard. Put
on privileged docket.
Richmond and Dnyillc Railroad Company
against La Prad Order of continuance set
aside and case passed.
Wiugo Elicit a Crump against Purdy.
Further argued by II r. Pollard ESQ, for
appellants and Richard b. Davis, Esq, for
appellees.
ms counsel in this court.
COURT ADJOURNED
The Supreme Court adjourned yesterday for
the term They meet again on the 4th Of
March in Richmond