Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-06
Jury in the Poyner Damage Sui,
Adjourned Over to Monday.
WAS GIVEN ANOTHER CHANCE,
a Nollc Prosequi Entered In Case of Young
Man Charged with Forgery difference
In Testimony of Experts Supplies At
torneys with Ground for Disputntion-
0uaiiHcation-Ccrtiiio TO state Auditor
For Pension-sdt against Norfolk &
western-PoIice Court Itoms.

The Poyner damage suit was left
with the jury at 4 o'clock yesterday
afternoon and after considering 1t for
two hours no agreement had been reach
ed. Judge Hanckel then ordered the
jury adjourned until tomorrow morn
ing when a verdict will probably be
rendered.
There were four speeches by the law
yers, Judge ]. NJ. Keeling and Mr..
Richard Wake spoke for the plaintiff
and Messrs. White and Tustall for the
Defense
The interesting question OF the power
OF the mind over the body was brought
up in the argument. the deduction from
the expert testimony introduced by the
defense being that the deaf and mute
condition of the plaintiff was caused by
fright during the fire at st. Vincents'
Hospital. in which ne was Il patent at
the time.
DR.. Bailey, who was brought from
New York to testify for the defendant
street railway company, went so far
as to say that the plaintiff would get
over his disabilities. which were only
an illusion of the mind, if his mind
could be taken off past dramatic events
which produced the Illusion and caused
a hyper-sensitlveness in parts of his
body and q paralysis of other parts.
The doctors disagreed in their expert
opinions, and this gave the lawyers
plenty of room for argument on both
sides.
SMITH GOES FREE.
Frank Smith. alias Hy. Simms, the
young Albanian arrested here last
fall on the charge of forgery, and who
was indicted for the offence. went free
yesterday. his case being nolle prose
Quied,
1t will be remembered that young
Smith was arrested along with another
young man by the name of Moody. The
latter was sent to the pentent;ary for
two years on n plea of guilty.
Smith ella inns to be a relative OF Hon.
Hoke Smith. OF Atlanta.
The following letter addressed to
Judge Hanckel and signed by Common
wealth's Attorney Duncan gives the
reason for the nolle prosequi
II desire to enter nolle prosequi In
the case of Commonwealth VS.. Frank
Smith. This boy has been in Jail over
six months and. I think, has been suf-
ficiently punished. His mother has re-
funded all the money received by him
uron the checks. Mr. Wilcox also
frauded have authorized him to say
that they hope he may be discharged
and given another chance"
A note was attached. signed by Judge
II. II. Wilcox. counsel for Smith. stat
ing that he concurred in the above.
QUALIFICATIONS.
Charles c. Richardson qualified as a
notary public, with Arthur c. Hum
phreys as surety.
CERTIFIED TO PENSION.
Judge Hanckel yesterday addressed
the following court order to the Audi
tor of Public Accounts:
1T appearing to the court from the
evidence of II. w. Jones. Major Com
manding Twelfth Virginia Infantry,
and T.. NJ. Baxter. NJ. D.. and the court
being sa tisfied from such evidence That
S. a. Deallins was a Confederate SOL
der true and loyal to Virginia through
the war. and that while acting as a
member of the Company 7, Twelfth
Virginia Infantry. Mahones Brigade,
Army of Northern Virginia, he was dis
abled in service and is now suffering
from exposure during said war. and
that he Is partially incapacitated for
work. and that he is ncddy and should
receive aid from Virginia. it is ordered
that these facts be certified to the Au-
ditor OF Public Accounts"
PROPERTY IkA SHEitS.
The following deeds of bargain and
sale were admitted 10 record yesterday:
Henry 7. Lambert to John Miles Jr..
side of Central avenue, so feet west of
Fort street: 500.
Henry ]. Lambert to Bennett p. Miles
lot fronting 26 feet inches on the south
side OF Central avenue 80 feet inches
west OF Fort street; $500.
SUES RAILROAD FOR DAMAGES.
William Carter, the 19-year-old ne
gro, who was shot between Lamberts
Point aud Norfolk on the y. &c w.
railroad by Special officer Barron of
that road several months ago. has en-
tered suit in the court of Law and
Chancery through w. l.. Bibb. attorney,
against the Norfolk and Western rail-
road company for $4,000 DANA ges.
Special officer Barron claims that the
negro was tresDassing on the
roads property and refused to get off.
CONTINUED.
The cases of Motorman T.. +. Mauger
and Conductor ]. ]. Allen, who had
charge of the car which struck and
killed Mr.. Robert T. Bass, of Danville
last Wednesday were, at the request
OF defendants counsel continued yes
terday in the Police Court to the 18th
instant
DISCHARGED.
The youths charged with stealing a
boat on Mahone's Lake were discharG-
ed, Special officer Barron who made
the arrests not appearing against
them. The youths arrested were Tho
mas Wall. VIM Banks, los Eckert,
John Kelly and Lawrence Burke.
MINOR POLICE CASE.
Robert Jones. colored, was fined Sc
for stealing barrels from L. Fewerst ein.
Jim Hill. colored. was fined Sl1 for as
saulting Daisy Calling.
FLEMING CASE TUESDAY.