Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-03-08
LEWIS VS.. ANDERSON
THE SQUIRE SUES THE FORMER
COUNTY TREASURER FOR $4,000.
Alleged Defamation of Character Asoribcd
~ the Causc-Nichoias May
60 Free.

sir James r. Lewis. through his coun-
vel. Messrs Pollard * Sands. yesterday In
sti,utcd IN the Circuit Court OF Hcnrico
a suit for $1,000 against Mr. George f.
Anderson. In which he charges the de-
f,nlant with malicious libI and defama-
lion 81 character. The sut b the out
come Of the recent contest over the Eiec-
torh Board in the county ana arises
directly from paper when was rean
before the Senate Committee on PriVi-
l,res and Elections, in which certain
charges were preferred against Mr. Lewis
who occupies the position OF magistrate
Mr. Sands. whom visited by Dispatch
r,portcr. said that thc reason Mr.. Lewis
bal singled out Mr.. Anderson from the
Yst ~ the genu men VINO uni'eH
fla the chargcs ana brought SUIT
.rairsi him individually was because
l. thought b. could prove malice on 'he
mart Il Mr Anderson In being instrumen-
fal On having these charges brought
without this Mr.. Sands stated no redress
could be obtained. The charges were
embraced IN % communication addressed
the law. u a privilege.
BRIGHTER OUTLOOK FOE NICHOLAS
Mrs. America 4. Mills. willow Of James
Mills. and one Of the principal witnesses
against Philip y. Nicholas who was con-
dcmn,d % hang for the murder OF r
husband and Julson Wilkinson IN De-
cembe- 1892 ie dead. News OF her death
Cont Yesterday. revived the Nicholas case.
ana many coniecturcs are now being made
as o. the probable effect Of her demise
upon 'l- fate of the condemned man.
Nicholas. il viii be- remembered, was
convicted I'm the Il.uric) County Court
last fan \ new trial was asked for on
The GROUND OF aft.r-d!scoycreI evidence
llt was refused by Judge Wexford ana
Nicholas was sentenced los him 10 hang on
Ire lst of February last.
Ncssrs. -. G.. Richardson ana y. NJ.
Smith. Jr., Nlchola-'s counsel. succeeded
ti securing writ of error from the SUI
prem. Court OF Appeals. and TIRE case ~
now pending before that court ON the
question OF whether or not Nicholas siaH
d., granted new trinl.
Confident OF 4 NEW TRIAL.
orc Of ihe attorneys IN the case m con
N,I-atiun with "a Dispatch reporter last
evening expressed himself as being CON
id.ut Of securing new Trial for his CHI
en- One of th- principal grounds on
which the appeal f'r new trial is based.
De- slil, was tho fact as laid before the
pr,m- Court Of Appeals that the jury
f,r OBJ. Circuit Court by which NICHOLAS
was convicted wa- summoned ANA en-
Iar.uel by the Judge ~ the County
court This. % SIS h.li. is contrary Ia law,
.Ii the attorneys hope VIII prove Io-
t,ut f. ctpr in securing the new trial asked
for. The discovery of the drug-clCrk az
L,wi-'s drugstore. who rrpurchasrl the
1855 mic from Nicholas. and whose tcsti-
mouy Was lail before Judge Wexford
when b. was considering The motion for
81 now trial viii. 10 j.. Thought prov>
strongly influential iTA,btainiu2 favorable
action from thc court of last resort.
MAY BE Acquitted.
It is conceded by both the prosecution
ami The defence thot il was principally
upon. d., testimony of Mrs. Mills that
Nicholas was convicted. I'm all cases in
which crcumstantial evidence plays the
important point u" establishment OF
motive u.s. most essential 1t was only
through Mrs. Mills. whose intimacy with
Nicholas was c1uclusiy,ly proved. that
this motive Was shown. II is contended
that iu the event that The Supreme Court
of Appeals grants the motion for a new
trial thc prosecution. without Mrs. Mills.
viii ID. practically without "a case. and
that Nichol1ss aclulttal is almost a fore
gone conclusion.
ST. c. Bennett was before Squire Vim
cent yesterday morning ON the charge Of
a-saultuL and threatening 10 beat Mich
-el Hays Ilr was fined $50 and costs.
srI put uud q bond 90 keep the peace
for siN months. Hays. who was charged
on cross warrant with assaultins
Bennett, was discharged.