The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-20
THE TIMES SUSTAINED
SCPREHE COURT REvERsES JUD0E
GR1TTlN IN the ,TOVER CASE.
Tho Bertha Zinck Company Case Deals
With the Case of Dynsmite--A Number
of Appeals and Writs Granted.

Court OF Staunton, was to-day reversed
by the Court OF Appeals. and remanded
to the court below for sentence. The
sentence is for one year in the peniten-
tiary In accordance with the verdict OF
the jury.
Slower was convicted of petit larceny
He had been convicted -four times be-
fore OF the same offence and served two
terms in the penitentiary. Judge Graf
tan sentenced him for life under the last
finding. The jury brought in verdict
for one year. The court reverses the
Judge and fixes the time al one year.
The case was for 'the larceny OF 81 -
cents worth of bacon and the report OF
1t through The Times caused comment
all over the country.
The Times took up the case and It's
view has been sustained by the highest
court.
The question OF the sanity OF the ac-
cused having been put In issue directly
upon his trial, and the jury lit nag found
That he was guilty OF the offence charged,
necessarily decided that ne vas sane.
He is rot entitled TO have that question
tried by another jury under jeetion 1902
of the Code, nothing having TRANSFERRED
since his trial. which could cause the
court TO have any reasonable dOIbt as TO
his sanity. judge John a. buchanan de-
liVcred the opinion. The following are
the additional Proceedings, II being opin-
on day:
Dun against Commonwealth. opinion
by Judge James Keith. president. From
the Corporation Court OF buena Vista.
Reversed. In this case IL was held that
h. .ff.rfa 81 Of frlN.tlII-
lently removing, or secrcting. etc, goods
levied on with intent TO defeat the levy,
could be indicted al a common law lar
ceny, but that If the Commonwealth UNI
dertook 10 frame an ind ctment der TN
statute the terms OF the statute Itself
should be followed or language used sub
santially its equivalent. and that, there
fore. an indictment, which charged the
defendant with unlawfully removing
goods which had been levied on with ~
intent TO defeat the levy, was insuiicicnt
as a common law indictment for larceny,
and sufficint as an Indictment under the
statute, In fact Il omitted to allege that
the act had been frauiulently done.
Mills against Commonwealth opinion
by Judge James Keith. president. Re-
yersod. From the Corporation Court OF
the city Of Danville Mills was indicted
I'm the orDOratiOn Court Of the city OF
Danvllle for seducine. under the promise
OF marriage, a female OF previous chaste
character TIE only point OF interest de-
c.ded was that there is presumption Of
the previous chastity Of the female. but
that in order 10 maintain the prosecution
the fact OF the seduction and of the
promise Of marriage must be established
by evidence In support. and In addition 10
that OF tho seduced females. that Is, evil
"a IAT
mouth does not rest wholly upon her
credib!lity, but tends 10 strengthen. sup
port, and corrooorate. There being no
such corroborative testimony In tn's case.
but the conviction resting wholly upon
the testimony of the seduced female, the
case was reversed
Sarah Mcfarland vs.. 3. f. Moomaw.
Opinion by Judge james Keith, president.
Reversed. From the Circuit Court OF
Wythe county. Mn. Mcfarland soil
tract OF land TO Moomaw who defaulted
IN paying the purchase money, ana she
was about 10 proceed TO collect the uh-
paid purchase money, when trout, anu
others came to the assistance OF the de-
PENDANT and paid certain sums OF money
to Mrs Mcfarland, under contract IN
which all the persons interested were par
ties. which provided that upon the pay
ment Of the whole purchase money MIS-.
Mcfarland should convey the land 70
Moomaw, the original purchaser. ana 10
Trout and his associates, IN the proper
ton I'm which the purchase money had
been paid by them. Subsequently II
became necessary 10 sell the land. when
the Circuit Court held. that Trout ana
others were entitled for tho sums paid by
them TO lien superior TO that OF Mrs.
Mcfarland This Court held this de-
I.uf Afrl o.
lands lien for the unpaid purchase money
was superior TO all other charges upon
the land and was entitled 10 payment,
and, that after she was satisfied, those
paying money To her were entitled under
tho contract 70 liens FOG the several
sums paid By them.
Mc,savock vs. Clark, IT ais Opinion
by Judge James Keith. President. Al
nrmed. From the Circuit Court OF EOa-
noke.
This was BIZ fled in the
Circuit Court OF Wytne county TO en-
force a len upon real estate sold by
AlcGavock at Max Meadows, charging
that the Max Meadows Land ana lm-
Drovement Company, Clark. Denniston.
and others, were personally bound for
the price. The Circuit Court enforced
Inc lien for the balance OF the unpaid
purchase-money for the land. gave a per-
3Onal decree against Dennist0n, rs an
additional security, IN the event ;nat
the sale OF the land itseir ana not pro-
iuce sufficient sum 10 satisfy the
claim Of McGayOck. but refused q per- !
iOnal decree against the AL.% Meadow
Land and Improvement Company. Clark, |
md others. upon the ground. as 10 some. |
hat evidence WAS insufficient 20 establish |
he liability. and as TO others that II !
lid not appear from the record that |
hey were properly before the Court. |
From this decree an appeal was taken, |
which In this court was affirmed.
. Gray W. the Commonwealth. opinion |
~ Judge John w. Rely. from the |
,ounty Court OF Bototourt County. Al
irmed.
on the 18th OF July. 1892. VIII
lam Gray and John Barton, as they |
we're returning with several others from |
3otetourt County Court. got into DIFF .
lcglty on the way home, in which |
Tray shot and killed Barton instantly. |
after killing him. he fed |
md was not captured. In the fall or !
November. l:s2, he returned and sur
himself. Upon the trial he was
convicted OF voluntary manslaUghtcr. ana
lis punishment fixed al cOnfnf ment IN /
he penltentiary for five years. II ap-
feared from the evidence that William
ray shortly before the night, stated
hat there was an old grudge between
hem. which had 10 be settled then. ana
hat he would shoot him. When Barton |
anne where he was Immediately after
Yards, he used provoking words TO him.
which induced Barton, who had been
RELY drinking during the day and was
runk. 10 strike him. Gray Immediately
rev his pistol. and fired. and in che