The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-17

The supreme court of Virginia has
rendered decision affecting the iuris-
diction of the justices of the peace,
which gives new phase to the court
question in Roanoke. Mary Miller, the
plaintiff in error, was tried before a
justice of tho peace of Rockingham
county and sentenced to pay a fine of
SlOo for a misdemeanor, from which
she appealed to the county court. and
before any further proceedings were
had, she moved the court to ouash the
warrant and discharge her from Gus
tody on the ground that the justice had
no jurisdiction in the case. The mo-
ton was overruled, and her case came
up for trial, the jury returning a YER
dict OF guilty, and fixing her punish
ment at one month and twenty DAVIS in
Jail, and a fine OF SIT. A motion for a
new trial was overruled but writ of
error was awarded by ono of the Judges
of the supreme court.
Tho paper quotes from tho code aud
says ''Jusices oil peace and police
Justices are given Jurisdiction over the
ohense concurrent with that of the
county and corporation courts" The
woman was charged with keeping q dis
orderly house. The opinion states that
tho guarantee of the constitution rolled
on Is plain and unambiguous and de-
ciares in unmistakable terms that in all
criminal oifenses the accused has the
right to speedy trial by an impartial
jury.
lie further explains that there are
many minor offences, such as Sabbath
breaklng drunkenness, vagrancy, &C.,
which are triable without Jury, and
the right of trial by jury is that which
existed when tho constitution was
adopted. Tho paper stipulates that the
Keeping of disorderly house does not
come in this class, and terms it an Of
fence OF gross nature. There is no
authority the opinion declares, .'of
which we are aware that holds that the
offence is, or at any time in our judicial
| history ever was, triable without iury.
aud it is needless to say that it is not
competent for the legislature by classify
ing it, as it has done in section 4lO6 of
the'code, with oifonses which are so
trlable, to deprive person accused of
the oifense of the benefit ola jury trial.
The judgment of tho lower court was
reversed and the plaintiff ordered to be
discharged from custody.
The lawyers of Roanoke who have
noticed this decision are agreed that it
Will, by curtailing the jurisdiction of
the justices of the peace, put more bus
mess in the corporation court. AS
most of them have not yet seen the
opinion in full, they would not express
definite opinion as to tho extent of
tho effect OF tho decision, though sew
eral who were seen by TIMES re-
porter regarded the decision as a strong
argument in favor of the criminal court,
instead of the establishment of new
circuit consisting of Roanoke city and
Bedford county.
1t was suggested that the police ius-
tice. provided for in the new charter, be
empowered to try such cases by jury as
may be required under the constitution,
according to the decision of the supreme
court. reporter talked with several
lawyers on this subject, but none of
them had looked into the matter suffi-
GENTLY to express definite opinion.
MIR. w. o. Hardaway has so far as
known gone on record as the first law
Yer in the State to take advantage of
this decision of the court of appeals. In
the Hastings Court yesterday no ap-
peared for Pinkey Montague in the case
WHICH was an appeal from justice
court in which court she was fined $50
and costs. The counsel presented the
decision of tho court of appeals in the
Mary Miller case and on this ground
succeeded IN having the decision of the
lower court set aside.
The charge against tho woman, and
the one on which the warrant was sworn
out, was instituted by W. e. Williams,
a proprietor of livery stable, and was
to the effect that she, while driving out
on Mill mountain, damaged horse and
buggy belonging to Mr.. Williams.
Hit With Stick of Wood.
j. b. Staples was arrested and brought