The times. [volume] (Richmond, Va.) 1890-1903, 1898-06-12
That in the Mcbride Murder Case
Reversed.
a WRIT OF ERROR is AWARDED
ODinions Involving Contributory Neg
ugencc. Usury, Agency or SALE
dedication Of streets, Priorities,
and other Questions.


NcRride was found guilty Of murder in
The second degree. and sentenced to the
nen,tentiarv for eighteen years. Writ or
error awarded by q judge OF TINS court
There were fourteen assignments OF er-
ror The material ones, as pcIoW,
rho third. fourth. nth ana sixth as
signments were as 10 the ADMISSION IN
evidence of a conversation between VII
mss and the deceased on the evening be-
fore the homicide.
Hold. The evidence should have been
cxc,pded. As to the prisoner It is res
inter altos acta. constitutes no part oil
the subject under investigation, IS not
connec1cd with 80 in time or place, was
Rad I'm the absence OF the prisoner and
can 10 brought within none OF the eN-
cepfions under which such evidence Is
admitted.
Hinder the seventh assignment: Pedgo,
n witness for the Commonwealth lesu-
fed I'm ans wer to questions, that he had
searched the house Of King, jointly IN
dicted with the prisoner and found
rope that nj ID been tied I'm a peculiar way
and had tn, appearance OF having Deeh
washed: also some bluish-green paper Ike
that found the head Of deceased. and
that the foe Of Kings house appeared
10 have been lately secured.
He'd. IT'LL iNAiAN hAN Ai'NN"t.3''-'s
clothed with large discretion as TO the
or5er Of the admission of evidence. es-
pecally where proof Of a fact depends
on circums.nr itial evidence. 1t would be
inconvenieut. 81 not sometimes impossi-
bl- 10 submit in logical order proof OF
all intermediate circumstances relied on
70 establish the principal fact II IS
therefore. prorser 20 admit evidence which
may only beSu ne relevant by other evil
dence introduced later: but the jury
should be cayri oned not TO consider 1t
unless connected with the case by subse-
quent testimony. and If not so connected
81 must be excluI led.
The deceased " rs last seen alive jan
uary Q 1896. vino he came TO Nunn's
house about darl and left about
o'clock. His body was found some days
later. partially GOV cred with leaves in
piece OF woodland about eighty yards
from the road, hall a mile from NUNS
house The back OF his head was crush
ed by blow which shattered the bone
and reduced the brdn TO a disorganized
mass The iugulai~ had been severed
thirteen other wounds were on his per
son. and a load Of shot had been fired
through his head: bu the physicians tes-
tify that he was alre adv dead when shot
no trace Of the murderer. after search
made After time Mcbride was arrest
ed. and indicted Jointly with Albert and
Edgar King. There is no particle of evil
dence IN the record te nding 70 prove him
within several miles of the place where
the body was found till he was seen there
in company with those searching for de-
ceased: None of which connects him with
either of the Kings. or with the house
where the rope was found. As Mcbride
l.. I'm
position to commit the murder where the
body was found it was necessary either
10 acquit him or satisfy the jury that the
murder was committed at a point Access
sihle 10 him, and thus add opportunity
to other circumstance adduced at the
trial Certain abrasions and bruises were
found on the corpse. and free rein bein6
given 10 the Imagination. the loops I'm
the rope at once suggested 10 as the
means By which the mutilrted body was
carried from the place of the actual
crime 10 the spot where 1t was found.
The physicians testify. however, chat
the jugular having been cut, no blood
was left I'm the body; that a bruise can
not be made on q body after death; that
the ebrasions and bruises were longitu-
dinal. while a rope would have caused
"a bruise around the Les. 81 at all. There
IS an inherent improbability about the
whole incident OF the rope. Assuming
as possible such a method OF concealing
the crime as tying the legs and arms OF
the corpse. carrying IL thus for miles
and passing a number of occupied houses
Il exceeds conceivable folly that the rope
should be taken home by the criminal
washed ana hid. when so easily burned
and destroyed Apart from all this there
# nc evidence to connect the prisoner
with A. The "bluish paper" which he
used as gun wadding. similar to but not
identical with that found near the corpse
was like the wrapping paper used by
neighboring merchant; but even this has
no bearing on the rope or the securing OF
the floor. This assignment OF error was
well taken. as were also others which are
discussed IN the opinion.
The evidence was wholly insufficient to
warrant conviction.
TAYLOR VS.. MALLORY.
Taylor VS.. Mallory. Affirmed. Opinion
by Judge Harrison
First as TO the bills Of exception.
No. /. AS TO admission OF certain docu-
mentary evidence. The petition for writ
of error makes no reference 10 IT, no
ground Of objection IS pointed out, and
none is perceived by this court.
No. q As TO testimony of Bell TO prove
what was said by witness on former
trial since dead. This not made an as
signment Of error IN petition. and the fact
having been proven by other witnesses
Bells testimony. II wrongly admitted, was
harmless.
No. g. Dispositions taken de bene esse
and agreement OF counsel in writing war
ranted their admission.
No. l. Deposition OF Roach. an inmate
OF Soldiers Home, too sick TO attend
trial Certificate 20 that effect and she
rims return omitted from record and can
not be considered. No error in this
ruling
BY deed OF May IS. 1898. John Edwards
conveyed TO w. Chapman. trustee. a tract
OF land Of watch the tract I'm controversy
was a part. for benefit of his daughter
Hannah during her life and then 20 her
legal heirs. Under this deed appellee
claims. June O. 1893. John Edwards con
vey<d same tract with eight slaves and
divers personally 10 j. Chapman. in trust,
10 secure X. Chapman two debts-Sl42-
end tho same cay took the insOlvcnt
debtors oath. filing Herewith this sche-
dule: 81 have no property OF any de-
scription or II have any am
willing 20 surrender II. Possibly
] may have an interest in the property
conveyed this day 10 j. Chap
man: II any. 81 Is hereby surrendered"
May 2 1870 Row. late sheriff. convey
ed TO Joseph Edwards all the right. title.
&c. in him as sheriff under the insolvent
GO5tor's schedule, setting forth that he
had sold according to law all the interest
of John Edwards In the trust deed 20 j.