The times. [volume] (Richmond, Va.) 1890-1903, 1901-01-10
'SINITH- TH0MAS
CASE DECIDED
The Court Gave Decision from
the B. Oh Heard About
the Capitol.

In the Supreme Court yesterday Messrs.
Carlin and Norton, of Alexandria. won
the victory of q decision from the bench
which is very unusual. and Of which the
attorneys are very proud.
The famous case of Smith vs. Thomas
from the Circuit Court of Augusta. in
volving about $1,000 acres of land in,
Bath county, had just been called and
Mr. c. c. Carlin, of Alexandria, of coun-
sci for appellee, was making a prelimna-:
ry statement of the fact to the court
before taking up the law bearing on the
case. One of the members Of the court
interrupted Mr. Carln and asked the OPP
posing counsel If the statement was
true. Upon being informed that it was.
the Court declined to hear further argu-
ment, the effect of which is to affirm
the decision OF the lower court.
The case is a most interesting one and
caused big fight in the last Legislature.
Tho family of the appellee in the case
have been in possession or the property
involved nearly 100 years. but were new
er able to produce a deed thereto it hav-
ing been destroyed by fire along with
other records.
The appellants claiming under a diff
ferent title sought to Gust the appellee
through legal proceedings.
The action of the court yesterday
finally disposes of the case and leaves
the appellee with a clear title.
Messrs. Patrick and Gordon and ].
w. Stephenson appeared for the appel
lants. and MesSrs. c. c. Carlin and J. X.
NJ Norton for the appellee.
Acknowledgement Montagues report for
the fiscal year ending September 90, 1893.
has been printed and placed in the hands
of the Governor. The report gives de-
tailed account Of the workings of the At
torney-Generars office. a list of the prin-
cipal opinions rendered by him on public
matters during the year, and the State
cases now pending in the several courts.
Only one case of State interest is re-
ported pending in the United States
Supreme Court. that being the question of
the Virginia Tennessee boundary line.
Those interested in the matters
referred to in the report are familiar with
most of them, as they deal in large
nlea sure with the routine work of the Of
fee which has been to d more or less
extent made public from time to time.
The report of the superintendent Of the
Dcnitentiary for the last month has been
received at the Office Of the Governor. 1t
shows a total Of 14S, prisoners in the in
stituliOn.
Congressman-eect II. D. Flood and Col.
Joseph Button, OF ApromattoX, were cali
ers on Secretary Lawless yesterday
ACKNOWLEDGEMENT Maize St>tcturtS lSSuSd
commiss .ons to the following military Of
cers in tthe State: Major w. L, Old,
Seventy-tirst Infantry; Lieutenant S a.
Sutton. surgeon First Battalion Seventy
first Infantry: Lieutenant j. f. Lynch.
assistant surgeon Battery 3, SeVenty-hrSt
Artillery.
Secretary Frank P. Brent, of the De-
partment of Public instruction. is still
confined to his home by sickness.
Mrs. Joseph ". Southall, Of Amelia,
was a caller at the State Library yes
terday.
Prof Martin P Burks, of the Law De-
partment OF the Washington and Lee Uni
ve-sity and reporter for the Supreme
Court Of the State, was in attendance
upon the session of the court.
Licutenant-Governo Edward Ectlols, of
Staunton, called on Acknowledgement
Montague yesterday. and the two eX-
changed friendly greetings
State Senator Carter Glass. Of Lynch
burg. was also a caller upon the Attorney
General.
The convicts on the Capitol Square are
now wearing striped caps. in accordance
with the suggestion of Colonel Richard
son. in order that they may be more
easily identified When attempting to make
their escape The superintendent of the
peritentary has issued an order to this
effect, and in the future they will not be
allowed TO wear hats.
Messrs C. A Slaughter, treasurer of Pc
tersbu-s. and Thomas L. Watkins, Com
monwealths Attorney of Charlotte coun-
tv, were at the Auditors office yesterday.