The times. [volume] (Richmond, Va.) 1890-1903, 1891-09-04
REVERSED THE JUDGMENT.
Condemnation Case Of The Postal Tele-
graph Against theEorlOlk and Western.
THIS LEGAL BATTLE TO Be FOUGT OYER
An Appeal to he Taken From Judge Han
cocks Decision TO the Supreme Court
News From Over tho State.

PKrgnsDURo. Va, Sept Especial. IA
special term OF the Circuit Court of the county
of Prince George was held to-day. Judge Is.
A. Hancock presiding. and the condemnation
case Of the Postal Telegraph Company
against the Norfolk and Western Railroad
Company came before tho court on an appeal
taken by the railroad company from the judg-
ment of the county court. Judge Han
cock. adhering TO tho decision rendered by
hun when the case was before him IN the
winter OF 1892 30. reversed the judgment OF
the county court and dismissed the action Of
the telegraph company.
The case came before the county court at
Its July term. 1888 on an application by the
telegraph company 10 have condemned right
Of WAY for its purposes on the railroad right
of way from Petersburg 10 the Sussex county
line.
The railroad company. assistedyn tho con-
test by the Western 1 mon Telegraph Com
pany. opposed this application. on the ground
that there is 10 law authorizing the condem-
nation lOngltudinally Of railroad right of
way for telegraph purposes, and also on other
grounds The county court, Hon. Timothy
kiyes presiding. overruled the objections OF
the railroad company and appointed
commissioners totyiew the railroad right
Of way and assess the damage 70 be paid by
the Postal Company. The railroad company
appealed 20 the Circuit Court of Prince
George. BY consent of the parties in N0vem-
Der, 1883. the case was removed 10 the Circuit
Court of Petersburg, and was there elaborate
liz argued J. Samuel Parrish Of Richmond
and William h. Mcllwaine Of Petersburg, APP
pearIng for the Postal Telegraph Company
aud George 5. Bernard and John J. Cooke o.
Petersburg and Major Robert Stiles and ex-
Judge A. j.. Holiday of Richmond for the
railroad company. The Circuit Court of Pc
tersburg Judge. Hancock presiding, reversed
the county court and dismissed the actions.
The Postal Company then appealed to the
Supreme Court of Appeals. and lasC Jan
uary the latter court. after another elab-
crate argument, in which ex-Judge f.
tcipated. reversed the judgment Of
the Circuit Court of Petersburg on the ground
that the appeal was prematurely taken o. the
Circuit Court of Prince George. and remanded
the case back 10 the last mentioned court
The parties being again back in Judge Ryes'
court the commissioners were ordered TO
execute the order of the July term, 1889. to
view the railroad right of way and assess the
damages TO the railroad company.
After lengthy session, during which many
witnesses were examined the commissioners
Messrs. +. NJ. Green. II. b. Bate and l.. r.
Marks. give the railroad company only 200
damages The railroad company objected to
this. but Judge Rves overruled the objections
and sustained the report of the commissioners.
The railroad company appealed. and thus
court. The case will now be appealed from
Judge HancOck's court into the Supreme
court, and the legal battle OF last winter will
be fought over again.
There were present to-day at Prince George
Courthouse Mr.. Parrish. representing the
Postal Company. and Messrs Bernard. Stiles
and Holiday. representing the railroad com
pany
Three boys. one white and two colored, who
were arrested some time ago on the charge #
ne tfx froff tls
Richmond and Petersburg railroad near Port
Waltha station, will be arraigned for trial at
the County Court of Chesterfield on the 18th.
ball will be given at Homewood. Surry
county. tomorrow which promises 10 be a
grand affair.
Mrs Thomas Wells left this morning for
Roanoke on visit
Rev J. w. Rosebro, pastor Of Tabb-street
Presbyterian church. 10 expected TO arrive |
here tomorrow from New York. On his |
arrival he will 20 direct 20 Uampden-S Sidney |
College.
Mrs b. b. Vaughan and her accomplished |
daughter, Miss Martha Vaughan, arrived to- |
day from the Buffalo Springs. where they |
have been spending some weeks.
At the eighth annual convention of Prince /
George Sunday-schOOl Society yesterday II. |
G.. Britton was elected president and J. G.. |
Finn vice president.
The Petersburg Grays will not go over to |
Richmond Saturday but will probably do so |
between teams from the two companies will |
be played.
The picnic given 40 Woods Church. in |
Chesterfield county, yesterday, was very
largely attended. Several addresses by |
prominent ministers were made. and during |
the day "A big dinner was served.
The executive committee of the Central
Iunatic Asylum met at the asylum today
and transacted routine business.
About seventy-five young men Of this city
H. M
some action looking 20 the organization of an
athletic club. Mr. Il. Butler Malone was
chairman of the meeting. Thirty names were
enrolled, after which an adjournment was had
70 Thursday night.
Campbell Walker. colored was shot through
both arms at Crewe by another negro. whose
name was not learned. and badly wounded.
A quarrel over a woman led to the shooting.
Both men were arrested and committed TO
Nottaway county Jail