Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-11-18
THE TOMB OF MARY.
NJ wAsHlNeroN's MOTHERS
V p,a,Al PLACE ENDED YESTERDAY.
..reme Coart Decides Against the
,.lr Estate Agents--A railroad Case
To,mIuated--other Causes

Tofuiiuattu~t thtf ttuttr-
v.seriay was first opinion day In the NO
,.rm Of the Supreme Court Of Appeals
".''--,,,s and nine cseos wore decided, written
O -. teing delivered IN seven Of them. The
o''"...,, ,be ,,ench we're judges Lewis (presi-
~ Iae,. Fauntlcroy, and Hinton. Judge
..-,,ri.ou was reported sick.
N..-.--,ber Of prominent lawyers and others In
10 the cases coming 20 termination
~, hand. The opinion In the case OF Cob
h,,,ley. real estate agents az fredericks-
~, ,sai.st george w. shepherd, was the
81 Important OF the day, ~ a.srac.ea s.ess
re- q tenuon owing 70 the Tact that u was
90 .icbrsted controversy as 70 tho sale OF
- I'M and monument Of Mary, mother OF
... Wellington
.,,,l,i. who worry fully and ably set forth
49,. cml,0ied and dealt both feelingly ana
". straly with the question under consldera-
ton ,srrr F0R BREACH OF CONTRACT.
...,, -,,.es, was one brought IN the Circuit
90 o.! Frcier;cksburg by Aessrs Soioert q
'4'I against the defendant. g. w. shepherd,
$40 damages for an alleged breach OF
80. ou the part Of said shepherd IN that ne
500 transfer 60 tie plaintiffs cerbaln sot
o. t f.y t6cm 10 have been represented az
th-, tio monument Of Mary Washington
o-t. b. qrilo shaft thereon, and also bis fail-
convey % tAcm the monument hno smart
- an oppressed covenant Tor warranty 70
- ~ ottion for which had been givon TO
y a Ktrt'cy for period OF sixty days at
,,.,-...of $1,000.
). ..-i..t of ne jury OF the Circuit Court Of
s..,re vas In favor Of the defendant,
Ut . notion for n new trial on the part OF
...i.fHs vas OycTruled. The case then
l- r.. enc Supreme Court Of Appeals, and the
d.. nus tribunal, as SGT forth In Judge
r.....r.y's opinion, Is that the ruling OF the
.-...lr. b. Affirmed.
", .ro-os Of one OF the most celebrated
,.-.,as I'D court known in the history OF the
Never before Was the burisl-place OF
49,, loved ana sainted Christian woman as
i....rar ~ the Father OF his Country dragged
KIT, lfl- tribunal by reason OF an effort to
t..,.- 81. c1usecrAted resting-place.
Ariscg or vULGA& TRAFFIC.
,.... rqgnflcroy. IN prefacing his opinion,
I .r beautiful language with the lives OF
No. washington aud her son. lie refers 10 her
rl.Hly and WomanhOOd throughout the
..... nary war, % her unblemished Chrls-
o.. ...-t.tar and 90 her many lovely womanly
.. Many incidents Of her life are pic
t. fhr decision. and thst o. her quiet resi-
. .l- fourteen years at her home in stat
81. county, and Of her reluctance 10 leave IL
-- b.. irving Revolutionary times, was espe-
..-.f.r .l'ng.
'-r.. r.~ request that her remains should DO
..-.. ol The lodge-cOvered bill near frede-
...t.-g. whore they have rested for more than
..-.f lie contest that has arisen over her
.... mat 10 gas not subject for - legiti-
.....fract. much less for verbal AMI vulgar
.- ua quotes the language Of President
...r Dbl. k.on at the cornerstone laying in
..I packs Of the number Of years which
t.....-...i before any sort OF controversy had
i....I. INTO question whether or not this burial
..,t.. been dedicated 20 public purposes. In
..... 81. Nr. shepherd Judge Fauntleroy says
a.. e.ra-iqlly mentioned, Except that pOr
20, % had whCreupon stands tho Mary
...rr..r monument and the marble
81. n.-e.u.' After having given the op-
.,.. The lot IN question 10 Messrs. Colbert
LH..g Nr shepherd learned that this firm
-..s.r.rt.sng IA the Washington papers and
....,...'I l- 20 soil the tract OF ground, mOnu-
...r.. tomb. and all, and he wrote 20 them that
~ r.-. Tutoring under a misconstruction OF
.....r AS he tShepnerd) could not give title
,.' H.-.ilula-c Of Mrs Mary Washington.
..-..r-.. .ate agents are quoted as having said
,.tr,y would sell according TO their option.
TENDER BY THE PLAINTIFFS.
n,a,..a.ifs.i in the evidence adduced by them,
A. i.st they eudeayored 70 carry out their
,.-- o, fn- option and rendered 20 MIR. Shepherd
Z. an..u. already stipulated for the lot In
NuF..r..ary oS. 1850, Mr. Shepherd gave 10
.r.s-.-tste agents the option already re-
i.-r..f.l. ANA on April 2, 1891, this cause was
..,4..Ii 90 the Circuit Court OF Fredericks-
.,s fau,grg Was the deed from Herndon and
vt.t. Shepherd:
SINS l,ri. made this 9Th day Of April, 1883,
rrr... Ee0l.e : HerndOn and Mary w. Hern-
o.. BIS F.fa. party Of the first part, and g. W.
......-I PARTY OF the second part, all OF the
'-t n fredericksburg, Va, Witntsseth: That
ttsr. ii consideratOn Of $3.50 cash in hand
81! Dig the SAID &. w. shepherd. party OF mo
ami t4rf. u BrOdie :. HerndOn, party OF the
f-..fa-f, the payment Of which 10 hereby nc
t.....l ICED tie said BrOdie =. Herndon and
y.r, So. ucrndOu, his wife, doth hereby grant
5l. convey unto the SAID u: W: ehepnera
l ur.r night and title TO the lot OF
sr1li numbered - on the map OF the Ken
.a estate, containing l acre, l rood, and
pies %. land, and which includes within ts
.-s Le family burylug-ground ana
taIueu'. bW a Il expressly stipulated
OIL .rs.i hHf the sad family burning
..a. U.I monument are not included an
ts rant. but excluded therefrom, and 10 the
s-gli az parcel Of land as conYeyed, by coed
Or William IS. Gordon TO BrOdie s. Horndon,
g.. 90 deed Of May ID, 1881, and recorded IN
O., Clerks ONCE Of the Corporation Court OF
lraie- asburg. Va, on that date.
Witness our hands aud seal" &C.
no JglIsfy "a, 1890, Il. w. shepherd ana
v-.r.uycyei by deed all this right and title and
interest DO lot No. IS Of the Kenmore estate TO
t.N Wary Washington Monument Association for
ID. Uses and purposes forever.
AGENTS TO SELL CANNOT Boy.
Adherence Of the opinion of Judge Fauntle-
rtvt.rl a. noteworthy 10 that agents 70 sell
a-- r.' legally constituted 20 buy and zee uersd.
l-.,el authorities 10 this point.
IL. COUNSEL In this case were A. III. Dickinson,
Cf-i.rrksburg, and John Lyon, OF Washing
fl. 90 the plaintiffs IN error, and Messrs.
N.r. ana f.tzhugh, OF Fredericksburg, for the
t,taa.
Victory for the Railroad Company.
Among the other important cases decided was
tHi D. 49,. Picklesimer against the Richmond
I'D uany,Ie Railroad Company This is the
%. HtrfF fsfa D. ftfsan iaf
'..ltur Court and II has attracted cOnsidera-
B.. attention m consequence ofthe large amount
..4v-L F.cHeslmer was stock droyer, traV-
tr2 s.ta carload Of cattle from North caro-
.t4 a" 'h.s city. While attempting 10 cross Dan
r1s, 40 pauyille, he fell from the side OF box
so w. NlI % he was attempting to mount, ana
ss- -~yer.ly injured. suit was Immediately in-
ti.'Nl against the company and Judgment
Gafrl for a large amount The rahrOad
-lAlt carried the case 70 the supreme Court,
f.tr0 i.i- Judgment was set aside and the case
f.tA-trl 90 The Hastings Court OF DanViie icr
il-s trsl AZ this new trial verdict was rem
t--i against the company for Sl3 900. From
"- .lIsmout an appeal was taken by the COM
li-y OBJ tLe supreme Court, where, as ABOVE
tA.el, decision was rendered yesterday re-
''Ht t-t Judgment OF the lower court. Judge
t.. "a, ia BIS opinion, declares that the accident
E.'ifr result ~ the gross negligence OF PICKLE
fasf himself ana that therefore there can be
.-eO,erv against the company. Judge VIII
'a b. Mann, Of NOttoway and ;. 7. Pickens'
-t. li N'fiL OafOluR, appeared Ior Flchelsi-
l-'. ans q 30. Beverley Is. Munford was coun-
e..tr tAe railroad company
other supreme-Court cases.
>'sce against Bumgardner, trustee. From
W rcglg Court Of Augusta county. Anirmedi
s-isr Lewis delivering the opinion.
t-a-tl Iron Company against Palmer. FROM
u" Circuit Court Of Wythe county. Reversed,
'-lte Lay delivering the opinion.
tiuAu against COmmonwe wealth. From the
tiWlu uri Of Franklin county. Reversed
age fsuu;ieroy delivering the opinion, Judge
-l'' dissenting.
Andrews aud others against Roseland Iron and
Va. company. From the Circuit Court OF Au-
s-''A county. Affirmed, Judge Lewis delivering
tsur.I'uH.
h,.s,on Salt and Plaster Company against
,-AIh-.- trustee. From Circuit Court OF SmytD.
AIfaed. Judge Lewis delivering opinion.
,i4f'! against Lurty. From Circuit Court OF
9'tufham. Affirmed by evenly divided court,
'iif faIrteroy absent
'aFpFuier against Commonwealth. From Cir
Nt Cont OF Clarke county. Affirmed by an
0.tiy-1Iyded court, Judge Hinton absent.
4hNNis against Commonwealth. Further
at-"l by The Attorney-Gcneral for the Com
error.
TWO PRtTTY WEDDINGS YESTERDAY
IT, Wheat aud Miss Coffin at Grace