Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-12-08
CLARKE GETS FIVE YEARS.
The Supreme Court sustsins the Danviiie
TribuBaI-OtberI Interesting Cases.

Seven opinions were rendered In the SUI
preme Court OF Appeals yesterday. None
will attract more general attention than
| that in the case Of Clark against the
| Commonwealth. which came from the Cor
pOration Court OF Danyille. in which
tho accused was found guilty OF man
slaughter and sentenced to the penitentiary
for term Of five years Every one in
Virginia will remember with keen interest
the killing some months ago in North
Danville OF Rev J. r. Moffett by j. T.
Clark. The controversy came TO the gu.
Dreme Court on a writ or error aWaratH
upon the petition OF the defendant. The
first point made in the petition was uiat
tho prisoner was not tried by laWful
jury Objection was also made 70 the
exclusion from the panel OF TWO Jurors,
Ifirsh and Vernon. after they had been
sworn. Clark further attempted 10 snow
that he shot MOn~tt I'm self-defence. The
Court. after dealing with every point
raised by the plaintiff In error, ana ela5O-
rately treating the evidence In the case:
declares that there was no element OF
self-defence I'm Il. aud that the verdict 50
far from being without testimony 70 sup
port 81, was remarkable for Its mildness.
The Judgment OF tho lower court WIZ
therefore affirmed. Judge Lewis delivered
the opinion.
MUST SELL ON THE GROUND.
IN the case OF Motifs dBdiHSl
from the Chancery Court of Richmond,
the action OF the latter tribunal was re-
versed. This suit involved the sale OF
several hundred acres Of land In Henrlco
county the sale Of which was To have
taken place in the city. An injunction
was gotten out TO stop the sale, but was
afterwards dissolved by the lower court.
on an appeal OF Morris To the supreme
Court this tribunal held that the sale must
take place on the ground. This opinion
was delivered by Judge Lacy. Judge Lewis
dissented. Judge Fauntleroy concurred In
the result. and Judges Hinton ana rich
ardson did not SIT.
The case OF Allen against the Common
wealth. from the LoudOun County Court.
was also decided This case involves
judgment on "A recognizance bono, Inc
prisoner was bound over TO specific
AZ the bar on the day set for his
trial. and the examination was begun.
but not concluded. and the court ad-
tOurning over until the next day, the
prisoner walked out without new recogni-
Zance. and on the following day failed TO
put in his appearance. The Supreme Court
determined that In such cases the recogni-
zance is to be forfeited by the bondsmen,
as the prisoner had not been allowed to
the opinion, and Judge Faunueroy dis
THE OTHER CASES.
Opinions were rendered in other cases
as fOllOWs:
White ys. Offield, from Circuit Court
OF Greene county. Affirmed, Judge Lacy
delivering opinion.
Mallory VS.. Taylor. from Circuit Court
Of Orange county. Dismissed az improvi-
IDENTIFY awarded. Judge Lacy delivering
opinion,
Boards administrator vs.. Chesapeake
and Ohio Railway Company, from CIR
cult Court OF Amherst county. Reversed,
Judge Fauntleroy delivering opinion, Judge
Lacy dissenting.
Chappell VS.. Trent, from Circuit Court
OF Bedford county. Reversed, Judge
Richardson delivering opinion, Judges
Lewis and Hinton dissenting.
Jennings for ct al, vs.. Chesapeake and
Ohio Railway Company. Writ OF error
and supersedeas awarded TO n judgment
OF the Circuit Court Of Goochland county,
rendered on September T. 1888.
Morrison VS. Wilkinson. Further argued
by Colonel W. II. Aylett for appellee, and
Ii. X. Pollard. Esq. for appellant, and
submitted,
Brown. trustee. VS.. Putney. Argued by
George IL. Caskie, ESD, for appellants.