Daily press. [volume] (Newport News, Va.) 1896-current, 1898-09-24
RULED OUT OF COURT
Demurrer in the Bridgeforth
Case Sustained.
But THE END is NOT YET
The Court OF Appeals to be Called Upon
for Its Opinion. Painfully Stung
by a Wolf Worm. Other
Items of Interest.

After listening to the lengthy and
logical arguments in the Bridgeforth
case, Judge Blackstone yesterday at
ternoon sustained the demurrer filed
by Colonel Tabb and Mr.. Causey to the
plaintiffs bill of complaint, and thus.
SO far as he is concerned, for the pres
ent at least disposed of controversy
that has enlisted the interest of hun
dleds of people. The court room was
We'll filled with people, nearly all OF
whom had listened with eager atten-
ton to the mastery speeches of Col
cnel Tabb and Judge Mann. Judge
Blackstone, with characteristic prompt
ness began the delivery OF his opinion
within five minutes after Colonel Tabb
had finished the closing address.
Inc opening argument upon the de-
nlulrer was began on Thursday after
noon by the defendants counsel, and
was an able presentation of facts bear
ing upon the case. Colonel Tabb, who
has on more than one occasion since
the Bridgeforth case was filed won
plaudits we'll deserved for the brilliant
manner in which he met the clear and
cutting logic of the alert attorneys on
the other side, was the first speaker.
He objected to the bill of complaint
upon the ground that Mr.. Bridgeforth
had consented to the decree Of Judge
GunierS court, and by that act had
placed himself beyond relief. Colonel
Iabb then cited a number of decis-
III other states to show that even il
1t We're true that the conclusions arriv-
Ell at by Judge Gunner We're based upon
false INSTRUMENTATION he did not admit
ReNcept by inference in filing the demua-
rer-thc pending case was one which
Judge blackstone, under the law, could
not review. These decisions, he said
rest upon the we'll established principle
that there must be limit to litigation
The question of improper testimony, in
its various phases, involving the knowl-
edge of such evidence by the party
benefited by the result attained by
fraudulent means, was also carefully
considered. In that the veteran attor-
ney left no point uncovered.
Mr.. Montague spoke briefly, yester-
day morning, combining himself mainly
To the presentation of law in opposition
TO that relied upon by Colonel Tabb.
This he did in order to expedite the
proceedings, and for the same reason
Mr.. Causey did not speak. Judge Black
stone being i'll and desiring to dispose
of the demurrer as soon as possible
Mr.. Montague was followed by Judge
Mann. whose speech was pronounced
by many competent judges of legal log
ic. and absolutely unanSwerable argu-
nsnt. The strong points which Colonel
Iabb had set forth with so much power
and eloquence on the day before were
taken up. one at a time. and apparently
torn to ta.ters. He explained that in
the cases cited by the Colonel, the wit
nesses upon whose testimony the re-
suit hinged We're not persons who had
not been found guilty of the crime OF
perjury, while in the case under con-
sideraton the falsity Of the evidence
upon which Judge Gunter relied. and
which led him to enter decree In
Mrs. Bridgeforth's favor, had been
made perfectly plain. He denied the
statement that his client had consented
to the decree Of divorce but admitted
that he had agreed to the arrangement
proposed concerning the payment of al
imuny. a year later.
Colonel Tabb replied yesterday after
noon. calling Judge Blackstone's atten-
cited in his first speech and strongly
answering the arguments Of Judge
Mann.
In delivering his opinion Judge
blackstone, although he had not ex-
anlined the case, stated il accurately
from beginning to end He then took
up the various questions involved and
disposed of them with the confidence
and care of a jurist of three score and
ten During the delivery of the first
half of the opinion il seemed certain
that Bridgeforth would be the winner.
He said that from the testimony in the
case. as he understood it, the com
plainant had been badly treated, and
ne even went so far as to say that al
though Mrs. Rridgeforth had not been
party to the frauds alleged to have
been practiced upon Rridgefortn in the
trlai or the divorce suit. that could not
be urged as reason for sustaining the
demurrer. But when he turned to the
decision would be with Colonel Tabb
And so it WAS