The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-27
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Government and owners me Of 81
5Schmoele Tract to Agree.
BEEF CASES DISMISSED
Several important Matters Are Up Be-
fore the Federal Court In Norfolk.
Western Union Wins Case for
Sf5 Damages. \,
fsn.cM1 70 The Times. Dlspatch...

355t3 fspech1 to The Times. Dlspatch.)
i5.;s NORFOLK, VA, March 2G,-Cases OF
interest pending in the United States
Court are the land award for the
schmoele tract adjoining the navy yard;
h the case OF Mrs. Laura Carr suing the
Norfolk and Portsmouth Ferry for $4,000,
\ ana the case OF Samuel L. Burroughs,
former postmaster Of Portsmouth, whose
trial has not been finished. 1t Is said
4 that there Is a prospect that the later
case will be dismissed, as It likely would
have been at the previous term, II there
had not been such strenuous contest
I FOR the ONCE Of district attorney that
General Allan did not feel at liberty 20
* advise the court where there was q
doubt. The money alleged to be due 70
the government, fer which the defendant
4 was arrested, has been returned.
Ut Is said that there Is a compromise
pending as to the schmoele award, by
which the government may get tho land
!, It wishes, 272 acres adjoining the navy
4 yard at much less than the award OF
3 $4,000 There is no means of confirm
Ing this rumor, but It was current III
the court building this morning. Judge
S,Naddll did not givo any decision as 10
the appointment Of b fury In the case,
y Hugh G. Miller, attorney for Mrs. Carr,
said that no decision had been made in
that case, and that It is likely that
4 Judge Waddll is still considering 1t or
that other cases will intervene Mrs.
Carr sues for personal injuries received
when getting OFF the ferry boat
s3i IN the case OF the Western Union Tele-
graph Company sued by John Ale kan
der, the defendant won the case in tho
United States Court. Judge Waddlll de-
3cldes that the alleged failure to&dellver
the telegram giving notice OF the death
of the plaintiffs father at Snow Hill.
does not entitle the plaintiff to damages
because the courts do not accord money
for mental anguish, and, as for the ex-s
ypense OF going to the funeral, the plain
tin would have incurred that Just the
same, whether the message had been de-
5lvered early or late. Mr.. Alexander
was working in the navy yard, and the
messenger did not find him In time to
notify him Of his fathers illness. The
suit Is dismissed. 81
a DAMAGES for the loss OF the barge
Richard NIcIlvaine allowed by the COM
change blythe Federal Court. Judge
Waddll confirmed the report. declaring
/ that the Alabama and the Curtin are
equally liable for the loss suffered by the
owner Of the McIlvalne, which IS fixed
at S3,O24.50. The change that was recon-
mended does not amount to sl00. The
two vessels are to bear the loss equally.
BEEF CASES DISMISSED.
SSss Tho demurrer in the beef conspiracy
cases was sustained Judge Waddill, Of
the United States District Court, handed
down an opinion sustaining the demurrer
on two grounds, namely: that the indict-
ment was not specific In defining the
crime of conspiracy sought TO be covered
with that degree OF particularly re-
8qured for the holding OF the accused;
and that there was no jurlsdtction IN
this court, because the not specified was
committed III the District Of Columbia.
The case was dismissed hare without pre-
judice, and may be taken up In WASH
ngton Thea Indictment was drawn by
Hugh c.. Miller, the assistant district
attorney and is the first of Its kind. 1t
accused four butchers, Aaron Marx,
Louis Wasserman, Richard Eastwood
and John A.. Codd. of consplrng to de-
fraud tho government In agreeing to nS
p prices for meats and vegetables provided
for the government. and to share among
r themselves the profits OF the contracts
Is they or any one Of them might obtain. The
4 case Is dismissed so far as the jurisdic-
t!on OF the court and its officers are con-
cerned, and no doubt that is the end of
It.
John Jones. colorcd 'longshoreman,
while at work In the hold OF the stenm-
ship Castand at merchandise pier No. 2,
at Lambert's .Soint, had n narrow es-
cape from death. NDncs and another
colorcd man were handling bales OF
cotton by means Of a sling. used in lift-
Vng tho bales to move them about easily
inside the ship, when one OF these bales
caught Jones against another bale and
mashed him fiat Jones was taken out
as soon as possible, but so intense was
the pain that he shrieked and cried
Jones was taken to a nearby house and
made as comfortable as possible until
lie was later brought here to his home
in Bottimore Street.
HOTEL MAN FINED.
W. n. Gates was fined in tha Police
z Court this morning for not keeping IN
a Commercial Hotel, in Union Street, J,
sanitary condition. The complain
made against the occupant, Gates, AM
The owner. James y, Barry Jr., admin
istrator. both of whom have been u
+ court for the possession OF the house
Gates alleges that he Ii occupying tn
house on contract to stay there AM
+ Improve 1t and hold It down. Barry al
leges that Gates pays no rent and ha
4 paid none for year. Justice Taylor I'm
( posed fine of 500 and costs on the occu
pant, Gates, but agreed to consde
4 whether to releasa the fine provided
Gates releases the house to tho owner
Y who will put thu house in proper condi
tion. The owner and the occupant re
tired with the understanding that the,
would try to agree as to the possession
az the house. as
There was u pathetic scene In the olic
OF Chief of Police Velines this morn
4 Ing In the meeting OF father and hi
wayward daughter. They are from tn
suburb, Money Point, where many mill
flourish. The father came 10 the Chile
last week with the request for assIstanc
to recover his daughter, who is abon
twenty years OF age. She had gone /
New York with another girl and tw
young mon. The Chief waited I'll sh
came back and then brought the cir
\ and the father together in his ONCE. wit
+ 49, .aa,,It ftba fthcy agreed tn forget ar