Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-24
NO RIGHT TO IMPRISON
JUDGE MINOR so DECIDES IN THE
coURT-MARTIAL CASE.
MUST COLLECT FINES OTHER WAYS.
i"e statute With Reference 10 Grim
'"ses Does Not Apply To Will
"rF Triois--Furtbcr Steps 10 He
i"ken-in the Other Courts.

Judge Minor rendered In the Law ard
Equity Court yesterday Inf, decision .,
,'e case OF the Commonwealth VS.. J. IL.
hartman private Of Company G. First
regiment Infantry. denying a petition
for a mandamus.
ne decision Of Judge Minor forces the
court-martial TO collect the fine. which
Private Hartman refused 70 nav. ar let
the offender go unpublished. az imprison-
ment has been excluded. II is understood
that the JudgeAdvocatei viii now en-
deavor 70 collect the money through \
fieri facias.
The proceedings were instituted by
Captain Frank NJ. Woon. judge-advocare
OF the general court-martial. in the
name OF Major w. Il. Simons, president
of the court, VS.. II. Claiborne Epps. Ser
geant of the city Of Richmond. who re-
fused 20 honor the commitment of the
military tribunal. Northumberland
George Wayne Anderson. represented the
City Sergeant.
LAW ON THE SUBJECT.
JUDGE Minor, in his opinion. gives the
following reasons for denying the petit
ton Tor mandamus:
1T is contended by counsel for the
petitioner that while there is no act pro-
viding expressly that fines imposed by
court-martial may be collected by
means of a capias pro fine, yet that sec
ton 026) of the Code which gives court
in which a judgment for a fine has been
rendered the power to order a capas
pro fine to be issued, is broad enough to
include the vesting of this power in
martial. The section reads as fol-
lows:
" The court In which any judgment for
a fine is rendered going i'm whole or in
part TO the Commonwealth, may, of its
own motion, or at the instance of the
attorney for the Commonwealth, commit
the defendant TO jail until the fine and
costs are paid. or until the costs are paid
where there is no fine; or the court, or
the judge thereof In vacation, may direct
the Clerk to issue capias pro fine either
before or after the return of a writ Of
feri facias. But unless so directed the
Clerk shall Immediately after the term
is ended issue writ of fieri facias, re-
turnable within ninety days on every
Judgment for fine rendered at such
term. or the court may, for good cause
shown. direct a writ of fieri facias to be
issued during the term on any such judg-
ment.'
THE DEMURRER Is SUSTAINED.
In constituting this section. under which
il is COntended that power Is given TO I'M
prison a person, the well-known principle
governing the construction OF criminal
statutes must apply, that they should be
construed strictly i'm those parts which
are against the defendant, but literally
i'm those parts which are in his favor.
No person can be made subject TO such
statutes by implication, but when doubts
arise concerning their Interpretation such
doubts are to weigh only in favor or the
accused without this rule OF construc-
ton IT is clear that the plain intention
and meaning Of the Legislature in en-
acting section 726 was to give to the
civil courts of record presided over by
Judges with commemorative Attorney
and clerks as officers, this power to ar
rest and mprison a person against whoHl
q Judgment Of said court was rendered
for fine. until the fine was pald. II Is
pIain that the Legislature was not con,
terminating courts-martial, their findings,
and sentences when this sectloh was IN
acted. and did not by it intend to give
s,cb courts thereby any further power
for collecting fines than those gwen III
chapter q of the Code, before referred TO-
"'The demurrer to the petition is sus-
tanned. and the writ of mandamuS against
the respondent is denied.
OTHER NEWS OF THE COURTS.
I, the case of Russell w. Steward,
administrator. VS. the Richmond Halfway
and Electric Company for 5000 Tor IN
iuries received, the plaintiff consented TO
+, verdict for the defendant, in order that
" s,,it might be instituted vs.. the Rich
,nond and Manchester Improvement
Company -, - Co.,
EIizohetb Coles. Administrative OF Spen-
oa,. coles deceased brought suit against
Coorgo Arents and Thomas f. Jeftrles'
administrators of the late Major Lewis
Cinter for $500 damages. Spencer Coles
No.. en- a qranite-mine at work, when ne
-. Lulad by an explosion which Is at
,,;,,,,ted by the plaintiff to negligence
several DEGREES i'm chancery were ehteIeu'
- tba circuit Court the following ludS-
,,,.,,te were rendered yesterday:
~ I,itizens' Bank of Richmond Tor
otto against Samuel Proskauer TOT s-- -i.'',:
w n Fountain's Administrators against
w Cbesapeake and Ohio Railway com
-, for ~ $50 in settlement OF SUIT Iol
ges brought for the Killing VI 'le
,,,shand of Mrs. Fountains ..,..
"a ~ williams qualified 10 practice
law I'm this tribunal