Daily press. [volume] (Newport News, Va.) 1896-current, 1898-08-05
CRIME At OLD POINT
Neither State Nor Federal
"a" Effective
QUESTION OF AUTHORITY
In 1873 Judge Willis Decided Tint The
State Officers Cannot Try or;
nses Osigi. IL ing IA, Old
Point. other Matters.

a recent VICIOUS assault upon Il white
man named Williams by /, negro at the
new Qualifications above Fort Monroe
a. iull account of which was printed in
the Daily Press. has called attention TO
the question Of jurisdiction in criminal
matters within the limits of the terri
tory ceded To the government by the
state of Virginia. Mr.. Williams as
S;'ilant was arrested by the military
authorities and locked up pending ac-
ton by United States commissioner
The case Was promptly reported to Mir
NJ. H. w. Waller. who. as commits
sioner, took Immediate steps to bring
the negro to trial. He was not long in
finding out. however, that there WAS
nothing he could do without consulting
the United States district attorney.
Meantime the military authorities de-
clded that as their prisoner had trans
crossed no army regulation they had
no right to hold him. and hence he WAS
turned out. MIR. Williams then sought
to have the negro arraigned before IA
civil court but was told that such ac-
ton could not be taken, because the Of
Tense had been committed on the res
ervation and was therefore entirety
within the jurisdiction OF the govern
ment. Thus it happens that Il man
whose evident purpose. it is said was
70 split open another mans head with
the sharp edge of Il spade. is permitted
to escape justice. MIR. Williams says
that he saved his life by throwing up
hissleft arm, which caught the full
force OF the powerful blow dealt by The
angry negro
Another instance of crime at Old
Point which went unpublished occurred
LIST winter. when a stranger, claiming
To hail from New York. succeeded in
ileecing Mr.. Harry Phoebus out Of
nearly 500. The man had been staying
at the Hygeia and seemed to be all
right. One day he walked into Mr.
PhoebuS office ana asked him to cash
cheek drawn on the Chemical Nations
III Bank Of New York. The request was
complied With. In Il few days. however.
MIR. Phoebus learned that the fellow
was unknown at the banking house
Then an effort was made to have the
trickster punished, but it proved a fz-
zle and he escaped. Other cases Gf
&wrongdoing of one kind and another
which have been boldly perpetrated on
! it We're necessary. ~ sSE
FL C,ommonwealth's Attorney Collier,
discussing the question last evening
said that the State has absolutely no
authority to punish men for crimes
committed within the coded territory.
Haines, who so brutality murdered his
friend Hannegan in Il boat near the
that was because the killing occurred
in the water. the jurisdiction of the
government, as set forth in the deed of
session. being limited to high water
mrk while that OF Elizabeth City coun-
ty extends to the opposite shore. which
forms the Norfolk county line. A test
case, in which Mr.. Collier was interest
ed as an attorney. occurred before
Judge Willis in the Elizabeth City
County Court in 1877. 4 negro named
John Payne Was charged With robbng
the safe of the Adams Express Compa-
ny at Ola Point. The late Harrison
Phoebus was at that time agent for the
express company and did his best to
prosecute Payne. There was no doubt
whatever as to his guilt but Mr. Collier
and j.. NJ. Willis. who We're employed
to defend him. raised The question of
Jurisdiction. and 4 year later. after a
painstakins investigation. the judge
sustained their position. Mr.. Phoebus
then succeeded in having the case car
ricd to the United States court at Nor
folk. where it was tried by Judge
Hughes and the negro was convicted.