The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-10-16
HUMMER'S BAD SLUMP
Instructions to the Jury Cause His Chan
CeS 10 Grow Very Dark.
ENTHUSIASTIC DEMOCRATIC RALLY
Ti,e Bryan and ScwaII Club EN-. Il
Grcat Mecting-Ruilway Sucu tor
Damages From Fire Caused by
Locomotive Spark Operator Gets
Twenty Days - Mnrringc.

Suffolk Va. Oct Is (SpcciaD.-Hum-
mcr stock went down to-day. The race
down the tohoggan slide was so rapid,
anu the result at the bottom was so in
cVitable that his attorneys most power
iul EFFORTS in his behalf awaited nothing.
Neeiey asked that Il juror be drawn and
II non suit entered. This signifies IL vir-
tuai abandonment Of the suit. and Hum
mcr will not recover the $1,000 asked for
me non suit was the result of n ruling
by Judge Prcntis, which, in the opinion
OF piaintiIf's counsel, practically made
impossible Il favorable verdict from the
jury. Mcssrs. Nicely and Thorn made
able arguments against the instruction
being offered. Their pleas We're logical
and eloquent. But Judge Prcntis was
firm, and he granted the instruction Of
fercd by defense. Here is the pivotal in
struction which brought an abrupt con-
clusion to the case: The Court in
structS the jury that if they believe from
the evidence that the plaintiff Hum
NEIL entered the house of the defendant
Mrs. Elmer. FOR the purpose of com
hitting Il furnication. then the Sheriff
htd the right. together with any others
present with her, TO make the arrest
without warrant. and such arrest as
made does not constitute an illegal ar
rest or Illegal assault and battery"
Further Instructions had been pre-
pared. but the sudden quitting tactics
obNiated The necessity of their being dis
cuSsed. The defendants Mrs Kicker
| Elmer and Samuel Shane. were nll
smiles. and they have a right to be
They had won their case.
Almost the whole day was consumed
before the crisis was reached. The
morning session was occupied in the ex-
animation of further witnesses Mrs
Elmer. y. 6. Cromwell William Car
mine and Samuel Shane testified for the
defense. John l.. and William Hummer
were introduced i'll rebuttal. Some of
the evidence was favored with an cle-
incnt OF spice that pleased the audience.
1t relieved the monotony for the jury
too. Judge Prentls' final ruling occurred
about 800 this afternoon, and the jury
was discharged till 1890 4. m. to-mor-
row.
The suit was originally brought by
John i. Summer against Shcrin y. c.
Cramwell, OF Norfolk county: his deputy
William Carmine: Mrs. Kicked Elmer
and Samuel Shane. Five thousand dol
lars was The amount of damages asked
and assault and battery was the com
plaint specified in the declaration.
After some correspondence the plain
tiff appeared at Mrs. Ebncr's apart
ments, COL church street. Norfolk, late
one Sunday night in January. He was
met at the door by the defendants and
arrested. Hummer afterwards paid
5000 i'll compromise, which payment was
subsequently followed by the 5000 suit
The charge against Cromwell and Car
mine WAS dismissed yesterday.
LAID TO Ill;ST-'rhc late William
H. Phillips. of jackson. Miss. was buried
to-day. The intcrmcnt occurred in the
old Phillips burying ground near Exit.
seven miles from Suffolk. Rev. H. G
Chcatham, Of the Main Street NJ T.
Church, conducted religious services at
the grave in the presence of large
crowd.
The remains arrived by the Norfolk
and Western at 6:15 o'clock this morn
ing, and We're taken to the residence
Of his brother. DR.. II. y. Phillips, on
Main street The body was attended by
MIR. Nat W. Phillips. brother of the
deceased. and a colored man named
Taur, who had Travelled with him for
twenty years in the capacity of packer
and valet y long funeral cortege left
III ? O'Clock for the grave. The pail
bearers were all relatives of the family.
$. T.. Haynes OF Richmond: l.. T. Har-
grave. of Norfolk; j. u. Phillips, of Mis-
:'isSippi: :. i. ELLIS. OF the county. and
y. II: llargrave and p. II. Phillips. of
Suffolk
LI,TCHER GAY WANTS s60o-John
l.. Gay was Il sufferer from a fire which
| is alleged 10 have originated from n
spark from Il locomotive on the Suffolk
and Carolina Railway. Now he want.;
$500 damages. The case is scheduled To
come OF in Nansemond Circuit Court
tomorrow. Gay is represented by
Ifawles {; Briggs. The defendant com
! pany has engaged T.. T.. Holland to pro-
! tect his interests. is understood thae
the plaintiff has refused a compromis.
! proposition.
/ FOR THE MEMORIAL WINDOW
"'fhc cnareronc." by Mrs John NJ. But
! Ter and Miss Lizzie Baker viii be pre-
scented at the City Han next Thursday
night by local talent. the best in Suf-
| folk. The proceeds are for the Confcd
crate memorial window in ST. pauIs p.
j.. Church. The play is well written. and
he characters have excellent opportun-
| ity To display their histrionic talent.
| This is an entertainment that will en-
tcrtnin. Don't miss il.
OPERATOR GETS TWENTY DAYS
AT preliminary hearing this morn
Ing before Mayor Brewer, j. r. Morgan
was assessed SO and $3.50 costs for lar
ceny. lie could not raise the stake. and
in default was committed for 20 days
His counsel, ]. L. Burgess. pleaded
guilty and asked for lcniency.
Morgan was night operator at the
Norfolk and Western depot. and it was
his habit TO tap the cash drawer After
several small POPULATIONS he took q
marked coin, and was arrested when he
spent II FOR O drink;