Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-03
He KILLED cHAs. SMALL
Attorney McIntosh Argues Tint He
Is Entitled TO KcIcnsc, Having
Heen Inchrccrnted During the SIT.
tug OF Two Grand Jurtcs, Neither
lndicfinE Him Somcfhimr of n
Scnsntion In Sprung by Notion 10
Dismiss Felony Cases on Statutory
Groundn-Othcr CRscS.

gun DelOfe Judge Hanckel in the Cor
poration Court yesterday to procure
the release OF Horatio f. Solomon
colored. who, on the 10Th of last Jan
uary. shot and killed Charles Small
also co'ored, in n house on james
street. The proceedings were instituted
by Mr.. George Mcintosh, counsel for
Solomon.
Mr.. Mcintosh contends that Solomon
is being illegally held in Jail. because
TWO grand juries have men and adj
Journed without indcting him.
CAUSED BY QUARANTINE.
1t seems that the primary cause of
Soiomon's long incarceration in iail
without n preliminary hearing was
caused from the fact that he was con-
fined in Il portion OF the jail under the
old quarantine
II Will be remembered that he was
not given hearing before Justice Tom
I'm until April 18th. or nearly two
ihonths after he had been arrested
MI. Mcintosh. in his argument did
not charge neglect on the part of any
one, though he contcnded that it would
not nave been necessary for the grand
jury to have had the prisoner before il
IN order to have indicted him.
WILL HAVE TO WAIT LONGER.
As there is no grand jury for MAY the
prisoner, Mr.. Mcintosh said. would
nave to wait in Jail another month or
TWO before an indictment was secured
against him. and he could be given n
trial.
commemorative Attorney. Duncan
argued that tho jurisdiction of the Cor
poration Court did not begin in Solo
mon case until after he had been
committed on the preliminary hearing
before Justice Tomlin on April 18th.
since that time, he contended that he
mad had no opportunity to present an
Indictment in the case. He said that
the indictment would have been pre-
Senteu had the case come to him reru-
iarlS IN time, but that he was powerlcss
20 act without Witnesses On the other
hand. Mr.. Mcintosh held that the Wit
nesses who appeared against Solomon
III the preliminary hearing were the
Commonwealth's witnesses all the time.
Judge Hanckel reserved his de-
cision.
ASKS FOR THEIR RELEASE.
When the cases of E.lnora Riddick
ana Mary Purvis were called in the
corporation Court, their counsel. Il. j.
MOTIFS, MADE a motion that the priso-
herS he dismissed from custody. Tho
motion was based on statutory grounds
,heSe defendants. both of whom are
coiored, were indicted on December &
1913 Tor grand larceny. Four terms of
me corporation Court having been held
since that time. and no trial havin.
pcen accorded the defendants. troir
counsel contended that. under secrion
4'oi, OF the Code Of Virginia, they were
emitted 10 be released from nrosccu-
ton.
PRISONERS WERE QUARANTINED
:, II develops that the trial Of these
lr'ohE cases has been delayed because
OF me defendants having been uuarun-
tned great part of the time in the
city Jail. The law. it appears, makes no
provision so as to Justify delay in
bringing prisoners to trial because OF
any quarantine regulations and a ne
ccllar feature of the present cases is
that II the motion OF the counsel Is IN
held by the court, it may affect n num-
Der of other prisoners who have hae,
held under similar circumstances. In
tact 1t is said that haheas corpus pro-
ceedlnSs VIII be instituted within a dav
or Two 10 secure the release of a num-
boz of prisoners NOW rnuf~o1 II, f,u
on somewhat similar grounds AS Tho
above.
The motion will be decided by Judge
lianckel to-day.
LIQUOR LICENSES
Following are the additional retail
LIQUOR licenses issued yesterday max
ing total Of % licenses issued so far
G. T.. Rrackctt. corner Chanel sirac,
and Princess Anne avenue.
~ 1. Maddox. ii2 Water street
NJ III. Holloran. So Union street.
- WanCemenn. 40 Main street
Brown & Iiorner. IA Bank street.
PROPERTY TRANSFERS.
The following transfers have been re-
corded:
From f. c. Benham and wife to las
l.. AT f,f In, -
nue. and Bond street. in Bramblcton:
$3.50.
From George L. Arms and wife TO
John Sclden. triangular lot on Frccma-
son and Yarmouth streets: $l.700
From Robert NJ. Hughes and wife to
Louise l." TAYLOR. lots No. Si2 ana Si5
on eastern side Of Church street. $500
From ELLA PoindeXter to c. w Har-
rell. lot with buildings and improve
ncnts, east side Boush street. lot No
273: S4250.
MARRIAGE LICENSES.
The following marriage licenses have
been issued:
To Adam Junius Hart and Lula De-
ieana White. colored
70 James Yarbrouch and Susie
sykes, colorcd.
LAW AND CHANCERY COURT.
The damage suit of Mary Nichols.
coiored. against the Columbia Guano
Company, for 10000. was begun in the
Court Of Law and Chancery yesterday
before Judge Martin. This is the sec
ond trial of this case. the jury in the
former trial having failed to agree. The
plaintiff Is suing fer damages for the
loss of her husband. Julian Nichols
who was laborer at the factory. and
who was Killed by a belt surrounding
which the plaintiff alleges there was
not proper protection The attorneys
are Hugh G. Miller for the plalntiT and
klchard Wake and F. II. c. Cavill for
the defendant. The case involves very