Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-02-13
THE NEGRO MUscoE WILL HANG.
New Trial Refused by the Supreme Court
Several Other Decisions.

New Trial Refused by the Supremc Court-
Several other Decisions.
Several cases were decided in the Su-
preme Court of Appeals yesterday, and
after very busy days WORK the court adj
journed for the term.
IL was 10 o'clock when the five judges
took their seats on the bench. The Presl-
dent announced that as great deal OF
time had been consumed in the conference
room, the opinions would be simply hand
ed down with a brief statement OF the
cases and Their disposition instead OF their
being read at length.
MUscoE WILL HANG.
The most important cause passed upon
WAS that of MuscOe against the Common
wealth, from the Corporation Court OF
Charlottesville, in whichJudge Hinton pre-
pared the opinion.
N[uscoe is the negro who, on December
81. 1888. shot and killed Policeman &. L.
Seal in Charlottesville At the time OF the bhoOt-
ing Seal was attempting 10 arrest Muscoe
There was n great deal OF feeling e4hlDlte1 py
the citizens. ana the prisoner had 10 Dc orought
10 Ricnmond for safety Muscoe was tried In the
CORPORATION Court OF Charlottesville IN January,
1879, was convicted OF murder In the FIRST degree
and senteuced 70 be hanged. The defence sou up
Inv the prisoners COUNSEL who was james Hayes
lcoloredl a Richmond lawyer, was that the at
tempt Of tho officer 10 arrest Muscoe for an al
legged misdemeanOr not witnessed py the pence
man, without warrant was unlawful Inc
fury passed upon this question: which tue de-
fendant's counsel claimed was point OF law
ana should have boeu decided by the Judge.
On this ground tho case was appealed ana inc
supreme Court reversed the lower court ana
sent the case back for rehearinS.
WANTED TO LYNCH HIN.
When the news was telegraphed TO Charlottes
vile that the lower court hal been reversed
there was q wave OF popular dsspproyal, aud Il
was with difficulty that MuscOes lynching was
prevented. .,
time put on trial for bis life, and again he was
found guilty and WGs sentenced 10 DO nanged
the 23tn Of the next month.
Again the case was taken up. Three com
plants were contained In the petition for writ
OF error. These were: FIRST that the delenu-
ants request tOr a change OF venue after no was
arrsigned had been denied second, that lmpro-
nor Instructions we're given the jury third, that
certain evidence admitted should have been ex-
Guided The Supreme Court decided against
MuscOe affirming the lower court Judge
Fauntleroy diseented.
THE CONTRACTORS RESPONSIBLE.
BuPs Administrator against the Norfolk and
Western railroad in which Judgo richardson
prepared the opinion, was from tne Corpotauon
Court of Roanoke. This tribunal deelded thhl
when an accident occurred on the road through
the negligence Of a contractors employee when
the latter was at work the contractors and not
the railway were responsible. The Roanoke
Court was sustained, Judges Lewis aud linton
40 DOVER ALLOWED.
Judge Lewis handed down the opinion
in Hurst against Dulaney. This case was
from the Circuit Court of Northumber-
land. The Supreme Court neid that when
man buys a piece of property aud gives
a deed OF trust the same day his wife Is
not entitled dover in 1t. Opinions on this
game point have been delivered before
i'm the Supreme Court. This was a re-
versal of the lower court.
oTHER GASES.
Deihl against MarehanL From Circuit Court
OF MIddleseX. Affirmed. Judge Lacy delivering
tho opinion. ~. A.. c,..,,,,
Court OF Portsmouth Reversed, Judge fhun-
tleroy delivering the opinion, Judge Lacy dis
senting. ,, ~. a..
Pylor, receiver, against Ricsmore. From the
Circuit Court OF CLARKE county. Anlrmed, Judge
lacy delivering the opinion.
Hunter against Beach aad holleran against
Motsel RehearinRs allowed.
Brnce against John l.. Roper LUMBER Com
oany. Rehoaring denied.
Mcyeigh's executor against Howard Fut on
privilege docket.
Richmond and Donvill0 Railroad Company
against La Pfad. Order Of continuance sot GSlde
nnd case passed. ,,.,..
Wtpgo Elicit & Crump against Purdy. Further
argued By II. X. Pollard, ESD. Tor Appellants
ard Richard b. Davis. ksQ., tor appelees.
r. w. Mallet Ksq., was allowed 70 practice as
.,,s,nsal in this court