Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-03-26
II NAY SAVE KlBLEY
COURT or APPEALS GRANTS Al
LEGGED MURDERER 4 NEW TRIAL.
EKkT CONSTITUTES WsTCHFULNESS.
interesting Railway Suit Decided
Opinions In Cases OF New York
mixing Co. Against Cleveland Co.

mixing Co. Against Cleveland Co.
The most interesting and important OF
the six cases decided in the Supreme
Court OF Appeals yesterday was that OF
Killer against the Commonwealth. from
the Circuit Court Of Page county Al
bin y. KILLERS neck may be saved by
this decision. which gives him new
trial The opinion. which was prepared
BY Judge Keith. deals quite extensively
with tho facts and law. as they bear
upon the case. KILLER was arrested in
1885, and indicted by the County Court
OF Page county az us November term,
that year. FOR the murder Of his uncle.
willis d. KILLER. well-known and
hlghly-respected farmer In that county.
The accused was found guilty Of the
crime. and sentenced to be hanged at
the April term. The case then went to
the Circuit Court OF Page. and the iudg-
mert OF the County Court was affirmed.
4 writ Of error was afterwards obtained
from one OF the judges Of the Court OF
Appeals.
STORY or THE KILLING.
The murdered man was found at his
country home. either shot or stabbed 20
death Circumstantial evidence pointed
70 the nephew. who acted suspiciousy
after the crime. The trial was a most
sensational one. The accused's counsel
took many exceptions. and on these a
writ of error was obtained from the
PAGE Circuit Court but the judgment
was affirmed, and KILLER came to this
court in his efforts 70 escape the hang
mans moose.
The first question arising before the
court was the demurrer TO the indict-
ment This was found TO be free from
any ground for criticism.
II was also insisted that more than
four terms Of the court had passed from
the time OF indictment TO the time Of
.r.al. and that the man accused should
to liberated. according 10 section 4O7 Of
ne Code. Killer was indicted in No
vember. and tried the following April.
Il was held that the November term
should be counted. The court does not
syustain this contention. Another con-
ltention held 10 be untenabe was that
E[ibler was not present I'm court when
The continuances were made.
INSTRUCTION WAS ERROR.
The fourth instruction of the Judge
TO the Jury is held 10 be erroneous. and
on this account the judgment of the
Circuit Court IS reversed. This instruc-
ton held that the possession Of the
fruits Of crime recently after its COM
mission afforded a strong and reasonaAle
ground for the presumption that the per-
son I'm whose possession they were found |
was the real offender. unless he could !
consistently prove innocent possession.
The Supreme Court holds that this in
Ftruction was erroneous. 1T is true" /
Fays Judge Keith. that possession Of the |
fruits Of crime recently after it's commits |
sion. whore that possession is not salts /
factorily explained. affords the presump- |
ton that the party in whose possession |
they are found was the offender but this |
Is not a presumption Of law, but Of fact.
10 is a deduction Of fact TO be drawn from
The circumstances Of the case and. stand
Ing alone constitutes a prima facie case,
which viii warrant a conviction for lar
ceny." II is for jury TO determine, UNI
Ger all the circumstances Of the case. the
value of such evidence. In the case in
hand the instruction was calculated 70
misicae the jury and prejudice the pris-
Dner.
The court did not In any way pass upon
the motion 20 set aside the verdict as
contrary TO the evidence but for the er-
ror IN the instruction referred 70 reversed
the Judgment Of the Circuit Court and
proceeded 10 enter such judgment as that
court should have rendered.
Insurance Polly Suit.
In the case of the New York Life-In-
Eurance Company against Davis and
others. from the Circuit Court Of Henry
rounty, the decree OF the lower tribunal
was reversed. This opinion was handed |
down 10y Judge Buchanan This was a
suit against w. w. Lester and the New |
York Life-Insurance Company for the re-
covcry OF money on two policies in said /
company. taken ont by a son Of John W.
arsfF IL sod -
Lester claimed 10 be the assignee and
owner Of the policies, but the plaintiff
cOntended that Lester had induced him
through some means to assign the poll
Cies. hut gave him no consideration for
so doing. that he Davis could neither
read nor write, and that Lester had paid
nothing upon the policies save the pre-
Tniums. Lester was enjOined from receiV-
ing and the insurance company from pay
inc 10 him. and subsequently a receiver
was appointed and q decree rendered
against the company in his favor. 1t was
from these DEGREES that an appeal was
taken by the company.
DECISION OF THE COURT.
The Court Of Appeals, after discussing
the points raised by the defendant COM
Yany. holds that the plaintiffs had the
right 20 enioin the company and Lester;
that the company was not entitled. as
matter Oh 44ANAf ~ a. jury N+it'if '4''f ---'N
other parties TO suits I'm equity, was en-
titled TO have a jury trial If the case
made showed that such a trial was pro-
per The lower court refused the com
pary the right Of a jury trial. and this Is
assigned as error.
Concluding. the opinion says when
the cause Is rcmanded TO the Circuit
Court for further proceedings. as II must
De for the error heretofore referred 10.
that court can either require the receiver
10 execute the decree authorizing him to
institute proceedings I'm his own name for
the collection Of the policies Of Insurance.
award an issue out of chancery. or hear
and determine the case without the aid
Of jury, as may 10 81 seem proper. and
I'm accordance with the rules OF chancery
practice.
"The decree Of the October term must
he reversed and the cause remandcd 20
tho Circuit Court for further proceed
ings."
Important Railroad Case.
The Court Of Appeals reversed the
judgment Of the Circuit Court OF the city
OF Alexandria IN the case Of the Wash
ington Southern Railway Company
against w. H. Lacy Yesterday The
opinion was by Judge Buchanan. and is
q lengthy document giving much OF the
testimony adduccd by both sides before
the lower court Lacy was seriously in
tured. and had his horse killed and We
hicle smashed az q crossing IN the city