The times. [volume] (Richmond, Va.) 1890-1903, 1893-12-08
FIVE YEAR. FOR CLARK.
yUDGE LEWIS LFFIRMs THE DECIs-
ION OF THELOWER COURT.
He Intlms tes That the Verdict Might Have
Been Murder in the First Degree
other Opinions Handed Down.

The first opinion handed down in the
Supreme Court Of Appeals yesterday was
that of Clark VS.. the Commonwealth,
watch came UP from the Corporation
Court of Danville. 1t will be remembered
that Clark shot and killed Rev. j. r.
Mofret. a Baptist preacher, at that time
in charge of the North Danville Baptist
church. Rev. Mr.. Moffet was also edi-
tor Of "Anti-Liquor." a prohibition paper
that took an active part in the cam
paign of 1902 The two men had a din
Guilty on election-day, and In the next is
sue OF "An,i-Liquor." there appeared an
article I'm which Clark was severely criti-
cised by the minister. several nights at
forwards they met on the streets OF Dan
Vile. Clark drew his revolver and shot
the minister who died shortly afterwards.
Clark was tried In the Corporation
Court of Danyille. was convicted OF vol
untary mansIaughter, and HIS punishment
fixed at five years IN the penitentiary.
An appeal was taken upon technical
grounds. The principal OF the objections
was that in summoning a Venire from the
city OF Lynchburg from which 10 secure
Jury, a list Of the parties TO be summoned
was not furnished the sergeant by the
court.
Judge Lewis delivered the opinion In the
case He held that while 1t Is required
by the Code that such lists shall be fur
nished when the venire Is to be obtained
in the place where the trial is held, it is
also provided In section 4024 that such a
list IS not required when the venire is 10
come from another county or corpora
ton. The court accordingly overruled the
other objections urged by the coun-
sci for Clark, and affirmed the decision
of the lower court.
g. WV
Judge Lewis, in delivering his opinion.
intimated that from the evidence before
him II appeared that the verdict was mild
one, and that he thought the jury might
have been Unsuitable IN rendering verdict
of murder in the first degree
The prisoner will consequently serve out
his term of five years. This case has
been the subject Of much discussion all
over the State Many held that Clark's
course was a clear case OF murder in
the first degree, while others were in
clined 10 make excuses for the mans
rash act Moffett was a popular young
divine, and was held In high esteem
by the Baptist ministry OF the State.
About the same time the shooting oc-
Cured the Baptist General Association
Of Virginia was in session In Danville.
A memorial service in respect 10 the
deceased minister was held, and some
splendid tributes paid TO his memory.
A series of resolutions was also prepared,
bearing upon the death OF the preacher
Judge w. w Moffett, OF Salem, a
brother Of the deceased minister, has
prepared a pamphlet In which a detailed
account OF the difficulty between his
brother and Clark is reviewed. The
pamplet. which will be issued shortly
contains also a thorough review Of the
evidence in the case as brought out in
the trial at the Corporation Court OF
Danville, and In addition gives an ex-
PLANTATION of the preachers connection
with "Anti-Liquor" and also or certain
ballots with which the deceased minister
was associated. The pamphlet IS pre-
nared for the purpose OF vindcating
the character and conduct Of the late
Rev. j. r. Moffett.
Other Cases.
other cases disposed Of by the Court OF
Appeals yesterday are as follows:
Morriss VS.. Jones. trustee. ct ais, from
Chancery Court of the city OF Richmond
Reversed, Judge Lacy delivering opinion
Judge Lewis dissenting, Judge Fauntleroy
concurring in result, Judges Richardson
and 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 IMPROVE
IDENTIFY awarded. Judge Lacy delivering
opinion.
Boards Administrator vs.. G. q o. Kali
road Co.. from Circuit Court OF Amherst
county. Reversed Judge Fauntleroy deliv-
ering opinion, Judge Lacy dissenting.
Chappel VS.. Trent, from Circuit Court
of Bedford county. Reversed, Judge Rich
ardson 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 dissenting.
jennings for, etc, VS.. Chesapeake and
Ohio Railroad Company. Writ Of error
and supersedeas awarded 10 a Judgment
Of the Circuit Court OF Goochland county,
rendered on September T. 1873.
Morrison VS.. Wilkinson. Further argued
by Colonel w r. Aylett for appellee and
H. r. Pollard. Esq. for appellant, and
submitted.
Brown. trustee. VS.. Putney. Argued by
George f., Caskie ESD for appellants.