Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-03-17
WRIT OF PROHIBITION ASKED FOR.
tration Asked-Assauit with n Bottle.
Correspondence Of the Richmond Dispstch.l


A Magistrates Decision Rcviewed-Arbi-
trstion Asked-Assauit with n Bottle.
Correspondence Of the Richmond Dispstch.l
PRrERsBU.G. VA. March ia case in
yoivlng some important and very nice
questions of law was heard here to-day by
Judge b. A. Hancock. Of our Circuit Court.
coming before him on petition for writ
of prohibition. The facts of the case are
as follows:
On the Sd OF October. 1891. Mr.. g. W.
Calling. citizen of Prince George coun-
ty, procured, TO be issued by j. ;. Taylor, a
Justice of the peace OF the said county,
warrant for the arrest of MIR. ID. Hugh
Jackson, q well-known merchant OF Pc
tersburg. upon the charge that said Jack
son did, on the 1st day of October. unlaw-
fully hunt and range on the lands within tho
bounds of the said Calling without license
from the latter. Mr.. Jackson in his petit
ton TO Judge Hancock sets forth tine above
fact. and further shows that on the 18th
OF December following. alter he had been
arr sted and from time to time balled Tor
his appearance before the magistrate, the
case was heard aud Judgment rendered
against him for IS fine and $3.50 costs;
that when brought before the justice the
petitioner made oath that while he claimed
no title or right of possession in himself
to the lands upon which he was
hunting. and did not claim that
he was acting under the authority
of any one who claims such title or right
of possession, yet he denied that Mr.. Cat
ling was either the owner ~ tenant OF the
lands or apy part thereof, and that the pc
titioner desired in good faith to resist any
claim, either or ownership or tenancy,
which the said Calling might attempt TO
set NJ: though the petitioner admits that
Calling claims 20 be the owner or tenant OF
said land, and to hold under those who
have good title to the same, and to be and
have been IN the actual possession OF the
said land for thirty DAYS or more.
The case was deliberately argued before
Judge Hancock by Messrs. Alexander
Hamilton and J. }. Cooke, for the land;
owner. and by Messrs. W. Is. Mcllwaine and
4. Il. iassiter for Mr.. jackson.
TIE SOFA MAEsHEs.
II may be here stated that the land upon
which the trespass IS alleged 10 have been
committed is the well-known sora marshes
IN the Appomattox river. and that num-
Der OF gentlemen from TINS city were
arrested and fined by the justice for hunt
inc thereon without PERMISSION. The de:
PENDANT in this case raised the question OF
ownership. and claimed that the
magistrate had no jurisdiction, when
it was raised that the marsh IN question -
out In the river. Is subject 10 overflow at
every tide. is of no value or use TO any
one. and is not the property Of the com
plaipant. The plaintiff contends that the
title 60 the property IS not involved; that
it is one OF occupancy. and that therefore
tine magistrate had jurisdiction, and that
If the contention Of the defendant be Just
the yerlest tramp and wrOng-doer III the
land might commit tresspass and escape
Justice Nv simply raising the question OF
owncrship. Judge Hancock took the case
under Amusement
TO BE SUBMITTED TO ARBITRATION.
II is understood that the electoral
board troubles IN this city Will be sub
mittcd TO arbitration. Some months ago
a member of the board resigned. The
election of his successor has ever since
been matter of controversy. one OF the
two members adhering to the regularity OF
the election and the other refusing to re-
cognize it. The matter caused much com
ment IN the community and was discusseu
in the Democratic Central Committee. III
IL now thought that the matter Will be &c
fnitely settled by arbitration-the two
original members of the board selecting
each a friend TO hear all the facts III the
case, and these gentlemen, III case OF DIS
agreement, to select third party.
ASSAULT WITH BEER BOTTLE.
Abraham Jones (coloredD was arrested
today on the charge of assaulting Luke
Perkins with beer bottle. Perkins IS
quite badly injured on the head. The
prisoner claims 10 have acted IN seli-de, ,
fence. and Was bailed IN the sum OF $500
to answer the charge.
TWO MIN INJURED.
Touble occurred between some resi-
dents of Battersea last night. resulting III
fight, during which two men-W. II.
Cole and Sidney Maddera-were quite
painfully hurt about the, head; One or
TWO arrests have been made. and the mat
ter is TO be Investigated.
LADIES AUXILIARY MEETING.
meeting of the Ladies' Auxiliary (Pe.
tersburr branch) Of the Masonic Home of
VIRGINIA was held to-day. The report OF
the committee sent TO Richmond'on Tues
day 10 consult with the auxiliary there
Was received, and the highest qualification
was expressed at the cordial reception and
treatment of the visitors IN that city.
The ladies showed great enthusiasm IN
their work in behalf Of the Masonic Home
and appointed committees to canvass our
citv for contributions Of money and useful
ar ornamental articles for the Petersburg
booth at the Masonic bazaar. The ladies'
here have issued q stirring appeal IN behalf
OF the Masonic Home.
HIS NICK BROKEN.
Mr.. p. w. Bum, who was killed at the
Pocahontas Cotton-Alill, III this city. yes
terday bv the fall of the elevator. had his
neck broken "a well as his skull badly
fractured.
Judce Hancock has entered an order for
the sale of some valuable property at Sur
nv Courthouse. This county was trans
ferred to this judicial circuit at the late
session of the Legislature, and this is the
first business the Judge has done there.
Snow and hail fell here last night and
to-day to the depth OF about two inches.