The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-01-13

day morning Gen. Il. Kyd Douglass, of
Hagerstown. Md, who took q prominent
part in the establishment of this city
and who has been identified with her
interests ever since, brought out point
that is of interest and Importance to
Roanoke, relative to the granting of in
functions by the courts of Virginia on
insu fficient grounds, a fact that is said
to be largely instrumental in keeping
foreign capital from the State.
The case on trial in the Husting Court,
briefly stated, is this: w. j. and l..
Blair, .Tr., borrowed SO, 500 on piece of
Middle States Loan, Building and Con-
struction Company, of Hagerstown.
The loan going by default the property
was advertised for sale by Alexandria
Neil, trustee, for the Middles States.
Company. The Traders Bank, OF
Lynchburg, who is also creditor of the
Biairs, asked for and obtained tenn
porary injunction from Judge Woods re
strainiug the sale OF the property. Neil,
trustee, demurred to tho injunct ton and
the trial yesterday was on the demurrer.
General Douglass, as counsel for Neil,
in the course of very able speech of
an hour and quarter, said: This is a
case Of So, 500, yet there is Il principal
infinitely creator than this involved in
this cause. | believe that IL is princi-
pal upon which the prosperity Of this
old commonwealth at this time particu.
larly depends If creditors, whether
within or without the State of Virginia,
believe that d eds OF trust in this STATE
amount to nothing, that If under any
conditions and circumstances when q
trustee undertakes to sell he can be
enjoined by Il court OF equity until he
ascertains who all the other creditors of
this debtor are, say that the capital
that has fortunately flowed into this
commonwealth, and more especially
into this city, until tho very bowels OF
the earth has been ripped up, that that
capital will stay beyond tho limits OF
the State
Capital is not only cautious but is
timid and cowardly. Some one has said
there is nothing as CO wardly as mil
lion dollars except two million dollars.
We all know that capital will only 90
where 1t is made free"
After quoting q number of legal au.
thoritiea and arguing the case from a
legal standpoint General Douglass
closed with this pereration: Already
since this injunction has been applied
fer you cannot to-day get in this town
loan OF s., 600 upon a deed Of trust
upon building and loan association.
1t cannot be done and simply because
there is an impression prevailing that
tina Jaw is as it is set up by my brothers
on the other side.
81 submit that this is not the law;
that 1t is illegal, as it is impolitic and
that it is not in accordance with the
principles OF tho law of the State of
Virginia that any man should BIO de-
layed in tho collection OF his debt when
that debt depends upon the preference
of contract which he voluntarily
entered into "
Other business Transacted.
A considerable amount of business
was transacted in the Hastings Court
yesterday, among which Gen. H. Kyd
Douglass, of Hagerstown, qualified to
practice law IN this court upon the mo
ton Of Il. w. Miller.
The case of the Traders Trust Com
pany, OF Lynchburg, vs. Alex. Neil.
trustee, mentioned above, was argued
and taken under advisement by the
court.
Mrs. l.. c. Lakewood was fined for
selling whiskey on Sunday $40 in the
first Indictment and $3.50 in the second
motion was made by her counsel,
Capt. w. w. Berkeley, to set aside the
verdict, which has not yet been argued
Lewis Graveley was fined for selling
whiskey on Sunday $25 for the first of.
tense and $3.50 for the second
Rev. DR.. q. Broughton qualified to
perform the rites of matrimony and
Lawrence Davis qualified as notary
public, p. L. Terry going on his bond
The grand jury, which is still in
session, has returned these Indictments:
Thomas Finney, felony; VIM. Mitchell,
felony; Walter Davis and Riley Murray,
felony; Annie Payne, misdemeanor; d.
5 Rare and M. j. Kelly, misdemeanor,
two cases; Andrew Young and Scott
Thornton, misdemeanor.
The case of Tom Finney. under in
dictment for felony, was called, and is
now un trial.
The trial of James G. Richardson, for
breaking into the hardware store of
Nelson & Myers Septem Der 90, is set for
to day, and will probably come up.
Civil Suits in the Circuit Court.
The business in the circuit court yes.
terday was very light, and all the cases
were postponed except two or three
small civil suits, in which judgments
were given.
Don't Like the Reorg anization Plan.
New YORK. Jan. IA meeting of
the Memphis and Charleston extension
bondholders having failed to assent to
the Richmond Terminal reorganization
positories, have informed the holders of
deposited bonds that they NAV with
draw their securities.
Church Edihce Destroyed by Fire.
Mr.