Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-05-07

mans purpose must be to use force,
should it be necessary 10 overcome the
woman's VIII
The attempt contemplated by the statute
must be manifested by acts which would
end in the consummation OF the partlcu-
lar offence but for the Intervention OF
circumstances Independent of the Will Of
the party. These are the principles Of
law by which the prisoners acts in this
case are TO be measured, and unless his
acts go to the extent of their require
ments, the prisoner is not guilty OF the
crime for which he * charged. Was there
any Intervention Of circumstances indie
pendent of the VIII Of the prisoner? The
prosecutrix testified that he could have
accomplished his purpose had he wanted
to-that he stopped when she stopped;
that he stopped at the same point or
spot on both occasions. That the prisoner
stopped Of his own volition and will on
both occasions. and without the inter
vention of outside circumstances. l am
persuaded 10 believe. Were this not so.
/ should not disturb the verdict in this
case under any circumstances.
DEATH If GUILTY.
Nor does the quantum of his punish
ment by the jury imposed weigh at all
with me- for If he were guilty of the CT
fence / would not disturb the yer iict,
though The jury fixed his punishment az
death. No judge. / take il. has any SYM
pathy for prisoners who commit such Of
fences and / would add that have given
the testimony in this particular case the
most careful and painstakng consdera-
ton on this account. That sny man
guilty of such an offence should go
through this court unscathed of justice
would be a source Of continuous mortif-
cation to me. But being persuaded that
all that the evidence proves is an inde-
cent exposure Of person. and an urgent
l cannot in justice allow this
verdict 10 stand
The time Of the alleged commission of
this offence. the direct and circumstantial
evidence. the locality and surroundings,
all inrel me 10 this action. The evidence
iustifies me I'm the belief that the prisoner
was guilty of exposing his person. and
Of indecent proposals. OF these offences
he cannot be convicted under this indict-
ment. but / shall require bond of the
prisoner In the penalty Of $1,000 for his
good behavior for a period of twelve
months. and in default of security /
shall commit him to jail for a period Of
twelve months.
WEARYS CLOSE CALL
A tramp came very near being in need
Of a funeral yesterday evening, because
he tried to take ride on freight train
through the city. The train and
tramp reached Hull street about the
same time. and the elevating thought
appeared in Weary's brain 10 board this
particular train for Petersburg. He triec
to make the jump. but his foot slipped,
and he went to the ground with his head
L
pull himself together. and didn't know
exactly where he was to pull himself
from. Several persons started towards
him. thinking that he had been killed, !
,ut ne was not so unfortunate. Pre-
,ently he drew one leg up, then the other, |
and a groan escaped his lips. The next |
moment he was sitting up looking TO |
see If any one had witnessed the tumble. |
After IL was seen that he was not Sc |
-iously injured. everybody kept on their |
gav. and he also decided to take up his |
lobble. The last that was seen OF him |
vas when he had become mere speck |
Town the Richmond and Petersburg road, |
md then he was still hobbling. though |
several trains running along gently az
he rate of thirty miles an hour extend
d cordial invitations to him to get aboard
WELL-KNOWN GROCER ASSIGNS.
Mr.. Charles H. Berry. who for some |
ime has been doing quite an extensive
grocery business on Hull and Eighth |
,treets. filed a deed of assignment with
he Clerk of the Hastings Court late
Wednesday evening naming Mr.. Law
ence T. Pool as trustee.
Mr.. Berry il steady and energetic
'oung man. and his failure is due to
,oor collections and a general depression
~
lists of all the stock and goods in the
tore the accounts. and all fixtures of
very kind, and also the two houses
nd Iots-one on Fifth street between
Decatur and Stockton streets and the
Their on Stockton street. The liabilities
re estimated at 5000 and with assets
alued al about $500.
The deed provides for the trustee clos
Nc I'D the business for the period Of
ixtv DAYS at private SALE and after
ards at public auction. The creditors
re divided into two classes, the preferred
reditors being for borrowed money.
heir claims are 10 be paid in full after
he usual commissions for settling up
ne business, and amount TO 500. All
ther creditors are to be paid ratably
nd the amount due under this class is
tated as about 8 500 the principal credi-
DTS DciHB dHO1S tLN l.iN'"'OHu AiiNi-
hants.
The following arc the creditors Of the
rst class: Jones Brothers & Co., $500
8. Reams, due bill. sH3s; c. s
cams. a note dated May 3. 1897. at sixty
avs. for $780, c. S. Reams. a protested
heck for $685. G.. s. Reams note
ated March 81. 1897. at sixty days, drawn
Y G. ii. Berry and endorsed by {. T.
cams as accommodation endorser, for
%: X. G. Latham. note for 500, due
sixty days; G. W. Reams, a due bill
" $50: Eleanor Berry. a note drawn By
II. Berry. for si5225
PERSONALS AND BRIEFS.
Rev W. H. Book lectured at Cowardin-
Venue Christian church last night
Next Tuesday will be Registration Day.
ny young voter csn register on or be-
IRE that day.
commonwealth's-At Attorney Phil. V. Cog
II. OF Chesterfield, was in the city yes
rday.
ar. j. j. Bailey. who has been de-
lined al his home by sickness, was
Die TO be out yesterday.
Mr.. George O. Ely continues very II,
his home. corner Seventeenth and
ockton streets.
MIR. w. II. Bradley has notified Clerk
the Hastings Court DuVsl that he viii
a candidate for Council from the
ourth Ward at the coming election.
Miss Florence Edmondson. OF Halifax