The times. [volume] (Richmond, Va.) 1890-1903, 1901-12-06


cd down.
The court decided that William oBoyle
rn,lst be executed for the murder Of Alma
Giamiiuon, at Newpol. News
Auditor Marye was sustained in his
position regarding the clerk OF the NOT
folk Corporation Court at ->oiioih' ue-
-aanding certain fees.
A decision was handed down which
,iycs to the estate OF a man named Bass.
n former citizen of No:1oik, the sum oi
$500. the amount agreed up.< by The
lazy as the damages that ;'sht to be
awarded.
There we-o not as many lawyers on
hand as there are generally OF cecis!oh
days.
Must Lose His Life.
William O'Boyle VAL be hanged for inc
murder Of Alma ..aTnilton unless the GOV
ernor s..all interfere with the sentence o.
The CORPORATION Court of Newport News.
TIC murder occurred at the house OF
= the woman in Newport News, IN that
part of the city known as 'Rocketts,
or June ., 1899 O'Boyie is Whlte
man; the dead woman was colo7ec'
The woman. according to the testimony,
was in a delicate condition. shc VS.
drinking. O'Boyle visited her that Gay
and they had an alteration; he Knocked
her down. kicked her and from the el-
fects of those injuries she oled-
It was brought out in the evidence that
the man and the woman lived together as
man and wife.
number OF exceptions TO the Tuiinss
OF the trial court were noted lhc pslIt.
cioal one being that the indictment was
insufficient to warrant the verdict OF muir
dor in the first degree. The Appellate
Court held that the Indictment was IN 11e
usual common law form, and that inc
question thought to be raised hso oeen
decided in the Cluverius and otheF cases
There were many objections as 10 ~
uniting certain evidence. out .iie % ia" .'
Court .ustains the lower tribunal In ali
points
In concluding the opinion, Judge Klein
s,ys. THE statements of Alma, which
were rejected. were as -dmiss!oie as
fact of the principal Transaction u'lusi
investigation. They dio not oeal oi1cc.-
" or indirectly upon the assault h'"u9
upon her by the plaintiff IN error l'oI
~ the accident alleged to have happ nco
=. .I,. n. considered the Res or subject
under consideration, were they 50 relaleo
~ tha+ incident in point of time or cir
cuu1stances as to constitute part VI
4. II was an effort to introduce d ii'i :
ratiye Of a past occurrence resting upo'.
the mere statement of the oece"Se.' az.
va. plainly heresay evidence anu ~
within any exception TO 'he iuie VIZ
TX
co,a7ei H,ry, Sustained
Judge Harrison wrote the opinion AZ
no case of Trcl1v. clerk OF the Corpola7
co,,-, NJ Norfolk against Colonel
sr,,o, Mar-ye Auditor OF Pubic Ac-
counts. ~. action
OF III. Auditor in refusing TO Issue .:
warrant in favor of tho clerk lot 49, 49,
q being for fees claimed TO De que ~,
FOR entering in a suitable pooh
+-an.nitting to the Auditor. a. proViusu
,1 ces,, certificate. of Dpes with
co.t. imposed by the police justice aHu
=, cost. of trial in cases OF acoult.ai'
:. h.;,r contended by the petitioners us
Tho Auditor has acted in No!atioh -
law and should be compelled os nc
d.rnus to issue his warrant IN aa'St70
ton Of such fees.
The Auditor based his re.uso a.
,o nav the fees upon tae -.
M,rch !: 1896. regulating the salary oA
-. a,;.. justice of Norfolk and re-
,,;,i,, him to transmit monthly ol-
sscly 10 tn, Auditor duly ceruheo 90
It,. ~ the record of each case 1css'nel
,,i+,, the amount o. the fines ana eos.'
co,ierted This act repeaieo 'ne
,,;,ions of a former Law. Teaultil5
i,.tice in question to report 70 St'e
.rd allowing that official fees lor - =
roittinc to the Auditor the fecui ~
~. police Court 1t is held 'nat az
'iI :,,..;o. ~ Norfolk acted in VIC
ia+;o1 Of the express terms OF me -, ~
~ continuing 10 certify to the cieFN ~
e,,+ of fines imposed and the eie.-
nos no legal claim against the
.,,.h In other words, Auditor MAJ ;
IS fully sustained.
Gets Biz Damages.
~ .,,1,a.. Court reversed tle
and AID Chaucery Coult "
Nor.o,k and awarded s''V' 80
are. 10 the estate Of q man narneu d. ;.
who we. killed by car OF the NJ 'o''>
railway and Light COMPANY.
no accident occurred at the lnterscc-
zion Of colonial Avenue and o!neS
Street in Norfolk. ~, wv
When the case canc to trlai inc 1ui y
awarded $, 900 damages. but the Nelu .. ,
WIS set aside by me court on the sLo'',.u
of con,ributory. negligence. Jnose h"c..-
anen wrote very lengthy opinion. ID
~hirh he dealt very fully with the duty
~ cornorations to exercise care TO pre-
v.,1 accidents. and the duty OF 1ndiVlo-
rais TO exercise care to aNolo accldeh'a'
injuries.
The Supreme Court rererses the lower
tribunal and awards TO the estate VI
Bass tho sum OF 5000.
III unnary.
Following is the su1nriar! OIL .iio ~
redinss in the court yesterday:
Judge James Keith, P: Q, Boyle vs.
Commonwealth. Corporation Court city
Of Newport News. Affirmed
Judge r. II. Cardwell: Sharp & ais VS.
shenandoah Furnace Company. Circuit
Court OF Rockingham county. Affirmed
Judge John A. Buchanan: Bass ad.
ministrator VS.. Norfolk Railway aac
Light Company. Law and Equity Soui
:ity Of NcIfo!k. Reversed.
City Of Radford Us. Heth & ais Cir
suit Court OF Radford. Reversed.
Judge George NJ. Harrison: l. l.. Ey-
nan vs. John Ry:nans executor Circuit
Court Of Shenandoah county. Affirmed
Trehy clerk vs.. Mayrc. Auditor Ap
plicatioa for raardamus. Writ denied
Judge S. G. Whittle: Frasier &c. vs.
Littleton's executor. Circuit Court O.
Loudoun county. Affirmed.
]. Ashby Watts Us. Bell Telephone and
Telegraph Company. Circuit Court O.
Amherst county. Reversed.
Petitions for appeals and writs OF error