Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-12
LEXINGTON.
v. NJ. L. HOliday-DecisiOn In
Horse Case--PersOnaI.

LEXINGTON, VA, November n-(Spe-
ciaL)-The 5sth anniversary of the found
ing of the Virginia Military Institute was
observed at that institution to-day by
suspension Of all academic duties AT
noon the usual salute in honor Of the
day was fired by the cadet battery. under
the command of Colonel David Price.
Many of the boys who live in the near
by cities were allowed TO spend the day
with their parents. but were to return in
time for dress-parade in the afternoon.
Mr.. b. Frank Barnett, an old veteran
OF the Second Rockbridge Artillery, died
yesterday at his home near Fancy Hill,
and was inferred in the burying- ground
near Fairfield He was aged 50 years.
Mr. George Offiighter, one of the best
known merchants here, was dangerously
hurt yesterday by being struck by an up
right which supported the roof of his
wagon she'd He was with driver in
the shed hitching up horse to one of
the delivery wagons, when the horse be-
came fractions and knocked out the post
in its efforts to plunge The post struck
Mr. Ofilighter on the left side of his head
and knocked him senseless. 1t Is thought
that conclusion of the brain is the result
of the injury.
Mr.. John p. Chittum, Of Denmark, while
getting out logs, was seriously injured by
a log rolling over him and hurting him
against q stump as he was loading the
log on a drag-sled. The log carried him
to the foot of a hill with it.
A new post-office has been established
near Glasgow, TO be known as Locher;
it is at the James River Cement-Works,
and will nd and facilitate the handling
of mail for that enterprise.
Miss Mary Wilson. daughter Of Presi
dent William l.. Wilson, has returned
from a visit to Washington, ID. c., and
Charlestown w. Va. She was accom-
panied by Miss Julia Alexander, of the
latter place, who will spend some time
with Miss Wilson.
Judge William Mclaughlin. of the Cir
cult Court sitting in Lexington this week,
granted writ of prohibition against
Mrs. S. l.. Tyree Justice j. II. Over
ton, and Deputy-sheriff Cory r. Leech,
all Of Natural Bridge, commanding them
TO proceed no further upon a judgment
of Justice Overton's for $40 and $3.50 costs
against the Norfolk and Western Railway
Company rendered in September, for the
killing of a horse of Mrs. Tyree's in the
town of Glasgow on the Sd of November,
1896. The Court decreed that, according to
the evidence. the horse was worth sS5.
and as Mrs. Tyree sued for only SO, held
this to be in fraud of the jurisdiction of
the County Court of Rockbridge, and for
the purpose Of preventing the Norfolk and
Western Railway Company from either
removing said action to the County Court
or from taking an appeal from the de-
cision of the justice. Mrs. Tyree's an
swer was that her course was to avoid
the worry and trouble of prosecuting
the case in higher courts, as the rail-
road company made practice OF liti-
eating every claim. She admitted that
the fixing of the value Of the horse at
$40 was to avoid this. The order Of the
Circuit Court provides, that the judgment
OF the Justice in this case shall be of no
force and effect, and as II no such judg-
ment had been rendered. 1t was also
| ordered that the railroad company re-
cover from Mrs. Tyree the costs in the
proceedings IL is not unusual for parties
| whose stock has been killed by railroad
| to confne their claim TO $40, as there can
| be no appeal from the finding OF the JUS
| tice before whom II Is tried.
| Several large black bears have been
| killed near the headwaters of Black
| creek, in the vicinity Of Colierstown.
| The Virginia Military Institute foot
| ball eleven will play Hampden-Sidney
| here Saturday and Washington and Lee
! University the following Saturday week.
| Mrs. Charles II. Gibson. wife Of ex-
| Senator Gibson of Maryland. is the guest
| of her sister here. Mrs. j. Randolph
| Tucker, After remaining here for week
| or ten days she will visit her daughter,
| Mrs. Semple. of Louisville, KY, She will
\ then go 10 Mares Island. Cal, and visit
| her son. Mr.. Richard Holiday, who is an
| engineer In the United States navy. Mrs.
! Gibson was the wife of Hon. Richard Hol-
liday, who was for long time Secretary
| - ctata for the State of MARYLAND. After
| Mr.. Holidays death she married ex-
| Senator Gibson.
| Judge William Mclaughlin Is now hold
| ing Circuit Court in Augusta county.
The N. ", u. and N. Inspection.