The times. [volume] (Richmond, Va.) 1890-1903, 1891-04-03
THE OPINIONS AFFIRMED.
RANDALL WATSON, OF GREENSVILLE,
TOBE HANGED.

Il
gree-The Lower Courts Decision In This
Case to Stand-Partlculars Of tho Affair
Other Suits.
In the Supreme Court Of Appeals yesterday an
opinion was handed down by Judge Lacy in the
case of Watson against the Commonwealth,
which affirms the opinion Of the Circuit Court
of Greenville county Of tho sth Of January, $780,
wherein Randall Watson lcolored) was sentenced
to be hanged for murder in the first degree
In the year. 1876, Watson was employed by
Mrs. Reese. widow who conducted boarding
school at Belfeld, Greonsyille county, 10 cult
vate the farm go on errands, &c.
The wife OF Joe Robinson ,colored was sepa-
rated from him and living upon the same, farm
with her mother, and Joe Robinson had been
forbidden to come on the premises by MIS-
Reese.
On Sunday night. December %. 1855. Joe Rob
inson went TO the house Of his wife and began
10 quarrel and make a row with the woman.
when the convicted man went 10 the house TO
quiet the disturbance.
4 quarrel then ensued between the prisoner
and Robinson, and IN the fracas Robinson was
shot and killed 10y Watson.
Judges faunterOy and Hinton dissented.
Another Opinion Affirmed.
Judge Lacy rendered the opinion in the case
Of Gusts against the Commonwealth, which
affirmed the Judgment Of the Circuit Court OF
The prisoner, Henry GUSTS, wa. convicted Of
murder IN the first degree on the 81 OF May
1870
The indictmen: by the grand jury states that
on the 5th OF September. 1889. Cusrs assaulted
Terrence l.. Waller with stick OF wood anu
struck him on the head. making two mortal
wounds. from which he dle9. -.
Waller. the testimony shows. kept store
in Norfolk county, and the prisoner walked
HIM up early one morning ana told MN llAI
he desired to buy some Qululne.
Wien Waller opened the door Gusts struck
him with a stick and knocked him down:
The store was then robbed ana set on nrc.
Founded On Bond.
In the case OF McYeighs executor against
Howard, Judge Richardson gave an opinion
affirming the decision of the Circuit Court OF
This action was founded on the following
"Richmond. Va. January Q, l97s-sloOo0. In
consideration of professional services renuertu
promise 10 Iay 10 him ten thousand collar,
above written " \. Ncyeigh"
On this bond was the following endorsement;
The within obligation 10 the oNtent OF nne
thousand dollars 5000 Is secured 10y hf't
Judgment lien on ample real estate IN AleNali-
drla, this day assigned 70 me by Mr. Howard.
The bond was also endorsed with several
credits aggrc eating about 5000.
Mr.. Howard claimed interest on the hond from
McNeigh. and the Circuit Court instructed the
jury that the bond bore interest from date, ana
rendered a verdict for Mr. Howard Tor prlnclc
pal OF s1.G0 with interest from the 10Th day oi
June. 1888. making the recovery principal ana
interc Il. amount 20 over $4,000.
The contention was purely rs to what length
of time the bond bore interest
The executor. Alr. = Herbert Beach, or Alex
andria. contended that the bond bore interest
only from the demand made Tor payment, ana
that all the payments made upon the bona
should be credited upon the principal, ana
thereby nearly oXtinguIshed the debt, since
there was no proof that any demand was made
until September last. when the SUIT was
brought.
On the other hand IL was contonded for Mr..
Howard that the bond was given for services
previously rendered and thus for an existing
debt; that II expressed upon ITS race that the
money was then due. AMI embodied dlrect
promise Of present payment, and that when a
bond or note stated no day for future payment,
but acknowledged a present debt, the money
was due at once. and bore interest from the date
OF the bond or note.
This contention the court below sustained
AM It's judgment was unanimously affirmed by
the supreme Court or Appeals.
This Is understood 10 be the last OF long lItl-
CATION growing out OF the late war
Mr. McNelgh was wealthy citizen or AlcN an-
dria. owning many valuable houses and lots,
and was president of the Bank OF the Old Do
The Federal troops took possession Of Alex
andria on the cath Of May, 1901, and Mr.. Nc
Weigh and his brother. James H. cNeigh left
Alexandria and came through the lines 10 ul-
pepper. and remained IN the Confederate lines
until tie close OF the war.
All OF these houses and lo's-s0me thirty or
forty in number were seized by the Federal
Government and sold under c0niiscaton pro-
ceedlngs. and were also attached by proceedings
IN tho State Corporation Court ot Alexandra.
The prol erty was sO.d under both proceedings
and deeds made 20 tho purchasers who took
After much litigation in vain. to recover his
property. MIR McNeigh employed Dir. Howard III
1871 as lis leading counsel.
coNFIscArIoN PROCEEDINGS.
In brief. the whole proceedings in confsca-
cation and IN attachment were attacked as
Illegal and void, and IN various ways and forms
in the Circuit Court of the United States for
the Eastern district OF virginia and ln tie
Corporation Conf Of Alexandra. and i'm the
supreme Court Of Virginia, and in the supreme
Court If the United States. the fierce contest
went zap and down until finally 10 was decided
i'm Mr.. McNclGh favor IN the supreme Court IF
the Onitei states. and all OF his property was
recovered.
But then there hung over him another heavy
cloud otltlgauon. which immlnently thr' atened
the loss of all he had gained In the spring II
ls6l Mr.. McNUlgh had endorsed "A great number
Of notes for large amounts. equal to more than
the value OF Dbl, property, for his brother James
II. Mchcigh. whO was merchant of Alexandria.
These notes. according 20 their face. tenor
ami effect fell due during July, August and
fhsy we're duly protested in the usual form
and notices OF the protest served az the bank of
the Oh Dominion Of which Alr. McNcigh was
president. and upon his h0usokcepcr at his
residence IN Alexandra. Actions We're brought
upon tho notes against him after the war aud
about the time OF the recovery OF his property.
MIR Howard. as his leading counsel. contend
ell that Mr. McNeigh had perfect righf 20
come through and adhere 10 his fealty 20 Viz
gina, ms native state. as had alsO his brother.
AMI that even IN the aspect Of the late unplcas-
antncss of the civil war they had the right 70
choose their slider. md therefore that the We're
rightfully upon this side Of the lines when tho
effect. and that TIM, being the first law OF war
was am absolute introduction OF all CONNER clal
intercourse tcrWecn individuals and that the
notes did u0t legally FALL due az the time stated
Tut were suspended by operation Of law during
the war, and That the protests and notices were
utilities. And that i'm order TO recover upon the
notes they should have been protested ami no.
uce, given after the war.
Ihls was warmly contested, but was finally
81 TONED by the supreme Court of Appeals Of
Virginia, 10 which the test case went twice. and
u WAS az last taken TO the Supreme Court of the
United States AMI 1t vas then dismissed for
want Of iurisdictlOn.
MIR McNeigh succeeded in the Court Of Ap-
peas Of Virginia only by one vote, three Judges
being IN his favor and two again., him so that
be made narrow escape OF losing an that he
had gained ny his lreyIOus litigation. Affcr the
lac gave Mr.. Howard the bond above mentioned
and upon which, after his DEATH suit was
brO ught.
Other Opinions Rendered.
McVeigh against Howard From Circuit