Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-15

One of the most unique cases that
has ever been tried in q court in Vir-
ginia was that which occupied the at
tention of the Corporation Court Of
Norfolk yesterday wherein Nellie" a
pig. handsome Newfoundland dog was
tried for her life.
city Attorney Walter H. Taylor and
Mr.. John G. Tilton appeared for the
prosecution and Messrs. e. w. VOL
colt and r. P. Gage appeared for the
canine defendant who was present in
court and was also represented by her
mistress. Mrs Ella D. Winn
The charge, in effect, was that the
defendant canine was a dog of vicious
character dangerous member of So
ciety, and menace to the safety and
we'll being of the general public. This
Is the canine that Moula Bakhsh. the
palmist, who resides at 81 Church
street. alleges bit her 1o-year old
daughter. Martha, contrary to the stat
utes of the State OF Virginia.
Evidence was introduced to show
that Nellie was n bad dog, whose life
was far from blameless and that. by
her acts, she had forfeited her mum
dane existence.
On the other hand. the defense pro-
duced evidence to show that the pris-
oner was of upright character. of low
able disposition and an ornament in
the select canine circles of her vicinity.
Judge Hanckel. in his address to the
jury brought out the several novel
law points raised by Mr.. Wolcott and
his application to them of the Vir-
gina statutes. The Jury was com
posed of the following:
Messrs. William Sabiston, ]. B. Nor
ris, e. p. White. c. Z. James, W. F.
b. Slaughter, w. c. Fleet. j. T. Will
hanson, j. r. Fitchett. George w. Sea-
ward. John n. Dewell and H. I.
Dozier.
After being out but a short time the
jury returned a verdict as follows:
I'VE, the jury. find the dog to be not
vicious"
Sheriff Lawler then. at the command
of the court. released the prisoner.
Nellie seemed to understand that her
character had been vindicated and
went at once to her mistress.
The case is noteworthy not only on
account of the unusual character of
the prisoner at the bar, but because
Is furnishes q decision sustaining the
position that a dog Is personal prop
erty. when the tax as required by law
is paid.
FLEMMING'S THIRD TRIAL.
1t seems probable that the third trial
of Orville S. Fleming, for the murder
OF Clarence Snyder, Will be taken up
at the January term of the Princess
Anne County Court 1t Is intimated
that in addition to the witnesses who
testified at the former trials the pros
ecution will have several new wit
nesses on hand.
This new trial will probably bring
up some nice points of law. The de-
Tense will probably rely on the usual
practice and claim that Fleming can
not receive heavier punishment than
that decreed at his second trial. The
prosecution will probably claim that
he can again be tried for his life be-
cause Of the circumstances under
which the new trial was granted. that
is, the Appellate Court decided that the
verdict was an improper one. mas
much as the jury did not specify in
what degree the prisoner was found
guilty Of murder. The prosecution will
claim. under the decision OF Judge
Prentis that the verdict was null
and void so that the verdict in the
third trial cannot be measured or lin
tied by the verdict in the second trial.
REAL ESTATE COMPANY CHAR
TERED.
Yesterday a charter was granted by
Judge Hanckel to the Westover Com
pany for real estate purposes. The
capital will be from 100000 to $780,
600, divided into shares of sl00 each.
The officers are: George l.. Arps, pres
ident; Fergus Reid, vice president and
treasurer. and John S. Jenkins secre-
tary. These. with J. W. Perry, r. B.
TunStall, William H. White and John
N. Vaughan, compose the board of di-
rectors
This company proposes to improve
q tract of land.
POLICE COURT.
Luther T. Lewis, drunkenness, dis
nd rftt
$780,
L. w. Angle. disorderly conduct;
fined s7.25. Appealed and the defend
ant bailed in the sum Of $50, with w,
L. Baker surety.
Nicie Taylor, colered. disorderly con-
duct; fined S7.25 and $50 good behavior
bond for sixty days.
Sandy Washington, colored. larceny
of two bicycles, one from Smith Wild
geon and the other from B. F. Robin
son; continued until today.
James Jones. colored. wanted in Nor
folk county; delivered for trial before
Justice Hawks.
Lewis Franklin, vagrancy; ordered
delivered TO the almshouse authori-
ties.
Henry Nelson. colored. larceny: con-
tinued until today.
NJ. V. Beale. larceny; discharged.
Max Cohen. violating the city ordi-
nances; continued until today and the
defendant bailed in the sum of 500,
with c.. West surety.
DAMAGES AWARDED PLAINTIFF.
The suit of Robert Y. Jones VS.. the
Norfolk Railway and Light Company
for killing a horse by an electric car