Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-27
VERDICT FOR $4,000
Carter, the Negro Youth, Given
Full Amount he Sued for.
Tho Courts Instruction in the Caso-A
Motion for n New Trial - 4 Charter
Granted johnson Gets IA Light Sentence
Frank Trout in Peck of Trouble.

friend, for $1,000 damages from the
Norfolk and Western railway, was yes
| terday awarded by the jury in the
Court OF Law and Chancery the full
amount sued for. The counsel for the
defendant, Mr.. Il. NJ. Hughes. made a
| motion for new trial, on the ground
i..at the verdict was contrary to the
| law and evidence that II was excess
SlNe. ana that the court erred in re-
fus.ng the defendants Instructions
w. H. Bibb and X. NJ. Mallet, coun-
SCI Tor carter. both spoke for the plain
TN. and Mir. Hughes for the defense.
atter the evidence was concluded YES
terday morning. The plaintif claimed
thdt Carter was shot from behind by
Spt cial oihcer Barron, OF the Norfolk
ana Western.
The jury that tried the case was as
| follows:
l.. Q. Ayers. Eugene Balance. j. l..
Winston. +. W. Vail. George w. Hill.
j; t. Williamson. p n; Wright. L. \.
Wright. y. c. Griswold. J. c. Tatum.
w. =. Hall and II. S. Green.
COURTS INSTRUCTIONS.
The courts instructions were as fol-
| lows:
First II you believe from the evil
dencc that the injuries for which plain
| tlf sues were inflicted by a pistol in
| the hands of +. NJ. Barron, and that
said Barron was at the time Il spe-
cia' police officer with commission as
| such from tho city OF Norfolk and
thiAt he was acting only as such ut the
t''nc. and not as an employee or watch
man of the defendant then you must
| iind for the defendant.
Second. Though you may believe
from the evidence that r. NJ. Barron
vas In the employ of the defendant as
| special police officer and private de-
| tective for the purpose OF Watching
ana guarding the property OF the de-
fend;,nt in the city of Norfolk. OF pre-
venting the commission of tresnasses
thereon and OF ejecting from it's pro-
pcrty any one whom he might suspect
OF an intent to commit q tresrass, yet
II YOU also believe that the plaintiff
was shot during an alteration between
him and said Barron brought on by
insulting language used by said plain
tif. and In consequence OF such action
on his part as justified said Barron IN
believing that said plaintiff was about
Ia attack him. and that he was not
shot by Barron in attempting TO keep
him OFF the cars or other property of
the defendant or for that PURPOSE then
you must lind for the defendant"
REFUSED INSTRUCTION.
The defense wanted the court TO in
stirct the jury as follows but this was
refused
Though you may believe from the
| evidence that +. NJ. Barron was in
| VIC NiAii'i'N vi ueicIuant as special
| lice officer and private detective for
the purpose of watching and guarding
| the property of defendant in the city
or Norfolk. Of preventing the commits
sion OF trcSpasS thereon and of eject
| ing from Its property anyone whom he
| n.iht suspect of committing a tres
| ptSS. yet II You also believe that the
r'a'niif at the time and Just before
he was shot was doing nothing to in
dica' any intention OF stealing IA ride
= q
thar at such time he was actually
walking away from said Barron or
that such shooting was not in the
judgment Of said BARRON apparently
necessary for the purpose of protect
ing Defendants property. you should
ind for defendant"
CHARTER GRANTED.
judge Hanckcl yesterday granted a
charter TO the Appomnttox Brick ana
Tile Company. The company is to
have capital stock of Slo0oo TO $4,000
II; officers are: John c. Gordon pres
ident; Il. IL. Gregory. vice president:
y. ]. Turner, secretary. ana David T.
Williams. treasurer. These with John
~. Anderson compose the Board of Di-
rectors.
a LIGHT SENTENCE.
William L. Johnson. the negro who
shot John Thomas Mills, co!ured in
n fight in Centennial lane one night
last May. was fined one cent and costs
ard given 30 days in inil. Attorney
Gecr6c Mcintosh defended the pris-
oner. Mills went free some time ago.
lie cut Johnson rather severely.
WITHDREW MOTION.
=. j. Morris. attorney for James II
Jordan. the negro VINO was convicted
Of killing Joe Douglass. colored May
Is. and sentenced to two years in the
penitentiary, yesterday withdrew the
motion for new trial in this case
Jordan vii serve his term.
MARRIAGE LICENSE.
y marriage license was issued yester-
day To Richard Lee Iacho, n Rich
mond merchant. and Margaret Hard
wick Mays. Of Norfolk.
IN THE POLICE COURT.
Tom Mayo. colorcd. was held until
to-day for feloniouSly assaulting Simon
Hwinitz. OF 73 Avon street. He could
not furnish a $3.50 bail bond.
Bette Smith. colored. was fined 500
and costs for assauiting Bulrell VIII
liHms.
Frank Prout is in peel; os trouble.
lie was fined $40 AND costs for assault
ing George Brown ana wife. On the
charge OF stealing Il ST ham. he will be
tried this morning
Henrietta Shears was fined 81 and
costs for assautng the 9-year-o old
daughter OF Roger Stephenson.
Major Rowland was sentenced to Jail
for ninety days for stealing II. c.
Parham's coat.
Phillip Cage. cclored. was held for
commission of lunacy.
TAKING EVIDENCE.
Hugh G.. Miller. special master in the
rece!vership OF Smelt. ct ais. VS. the
Newport News Abattoir Company, yes
terday took more evidence in this case
in Norfolk. The deposition of Captain
Register. Ex-Governor O'Ferrall's law
partner in Richmond. was taken. Gov
ernor O'Ferrall was counsel Tor the
Abattoir Company.