Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-12-08
Court of Appeals Yesterday.

Yesterday was opinion day in the
Court of Appeals and several opinions
Of interest were handed down.
The first of the cases disposed Of was
Clark VS.. the Commonwealth, from the
Corporation Court of Danville. Clark
is the man who killed Rev. ]. r. Moi
felt, Baptist preacher in charge of the
North Danville church. He was also
editor of Anti-Liquor, a prohibition
paper, and took an active part in the
campaign of 1892. He and Clark had
difficulty on election day, and the
next issue of Anti-Liquor contained an
article in which Clark was severely
handled by Mr.. Moffett. Several nights
thereafter Clark and Moffett met on
the streets of Danville, and M0flett was
shot by Clark and killed. Clark was
tried for murder in the Corporation
Court of Danville, was convicted of
voluntary manslaughter and his pun
ishment fixed at FIVE years in the pen
itentiary. The case was appealed on
technical grounds. The principal of
these objections was that in summon
ing a venire from the city of Lynchburg
from which to get jury, list of par.
ties to be summoned was not furnished
the sergeant by the court. Judge Lew
is delivered the opinion in this case,
and held that while it is required by
the code that such lists shall be fur
nished when the venire is to be obtain
ed in the place where the trial is had,
it is also provided in section 4,024 that
such list is not required when the
venire is to come from another county
or corporation. The court, therefore,
overrules this and other objections
urged by Clark's counsel and affirms
the court below. Judge Lewis in de-
lirering his opinion intimated that from
the evidence before him, 1t appeared
that the verdict was mild one, and
that he thought the jury might have
been justified in rendering YER
dict of murder in the first degree.
Now that the case has been finally dis
posed Of Judge w. w. Moffett, trustee
of the deceased, will soon issue his
pamphlet, in which he will give com
plete history of the case together with
such explanations as he may deem ne
cessary to set his deceased brother
right before the public.
Other cases disposed of by the Court
of Appeals to-day are as follows:
Morris vs. Jones, trustee, and ais,
from Chancery Court of the city of
Richmond, reversed, Judge Lacy de-
livering opinion. Judge Lewis dissent
ing. Judge Fauutleroy concurring in
result. Judges Richardson aud Hinton
not sitting.
White vs.. Ofield, from Circuit Court
of Greene county, affirmed. Judge Lacy
delivering opinion.
Mallory vs.. Taylor from Circuit Court
of Orange county. Dismissed as in
providently awarded. Judge Lacy de-
livering opinion.
Boards administrator VS.. C. & o. Ry
Co. from Circuit Court of Amherst
county. Reversed. Judge Fauntleroy
delivering opinion. Judge Lacy dis
senting.
Campbell VS.. Trent from Circuit
Court of Bedford county, reversed.
Judge Richardson delivering opinion.
Judges Lewis and Hinton dissenting.
Allen and others VS.. Commonwealth,
from County Court OF Loudoun county.
Affirmed. Judge Hinton delivering
opinion and Judge Fauntleroy dissent
ing.
Jennings for, &C., VS.. Chesapeake and
Ohio Railway Company, writ of error
and supersedeas awarded TO a ludg.
ment of the Circuit Court of Goochland
county, rendered on September 4, 1893.
Morrison VS.. Wilkinson, further ar
gued and submitted.
Brown, trustee, VS.. Putney, argued
and continued.
Given Away.
Xmas Souyenir.-With every purchase of
$1.5o or more We will give 3 handsome pic