The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-28
NEW TRIAL
FOR BURGLAR
His Crimes SO Many That 1t
VIII Not Benefit Him.
FINE TRAFFIC IN CABBAGE
Telegraph Lineman at Portsmouth
EIectrocuted-The Local Option
Election In Berkely Was
Great Surprise.
,s,ec,a, to The Times-Dispatch)

{SDeCial to Inc Jl11leS-l)tSphtSh'l
NORFOLK, VA. May re. NJ Mar
tin, or Hammond the ancient ours, ,,I,.
who belongs to distinguished family
In Richmond, will have II new trial. he
was convicted several weeks ago on the
chnrRe of burglary, and recommended ior
q sentence Of fifteen years In the penn
Tertiary On q motion by tho ATTORNEY
APPOINTED by the court to defend the oiu
and penniless man, Judge Hanckel mas
set aside the verdict OF the jury pecause
1t Is contrary to the law ana tne eN'-
Gencc The evidence was not sunlcleht u
prove that the man entered the house
r. rot the stolen articles found In Mar
tins possession. though It IS sufficient ~
prove that he stole them Hc had inc
stolen articles in his possession hat
1t is merely presumption that he com
rnitted a burglary to get them
The crime OF grand larceny. OF which
Martin was really guilty, according to the
evidence. Is not punishable with term
exceeding ten years. In this case, now
ever, one years sentence would haWe
been sufficient, because the old man nhr
been In the penitentiary twice. and the
third conviction for grand larceny Is tan.
tamount Of life sentence. There arc
nine or moro other cases against the
old man, hence tho new trial VIII not
infect tho case or alter MS prospectS.
GREAT TRAFFIC IN CABBAGE.
This Is a cabbage week. The twenty
car-loads of cabbage shipped from mere
yesterday was the largest shipment ever
made by one shipper. The cnrs wore
shipped to various cities of the West.
and all Of them were sold on the track
here. On Monday the Old Dominion
steamer carried away 1000 barrels OF
cabbages. the Boston line took 1000 bar
rels and several thousand moro went nv
rail. The daily shipment for this week
will be not less thar, 5000 barrels. Tho
prices to-day arc $3.50 to s175 barrel
so the daily receipts here from TINS sourc'
alone Is $4,000 to $4,000. There IS
greater traffic to the western cities than
usual. but there Is no lack OF demand
for cabbage In New York. Boston and
Providence.
PRISONER WAS SANE.
Thomas Phillips, colored was arrested
several weeks ago In Tanners Creek DIE
trict after hard fight with officers;
A warrant had been sworn out against
him for stealing coal from the Norfolk
and Western Railroad Company and
given to Officer Hayes to serve the
negro was found in house. and Mt.
tempted to escape, and in doing so shot
Hayes In the body, making bad wound.
A companion of Hayes fired shotgun.
severely woundinE Phillips, who was then
CAPTURED and lodged In fall and later
indicted by the grand jury. Phillips has
exhibited such violent fits of temper IN
jail that he wns considered insane aud
dangerous. and 1t was decided to leave
the question to n Jury. which would not
say that the man was insane. Hence
Phillips Will now be tried for feloniusly
shooting County officer Hayes
CROPS ARE ROTTING.
Is IN bhopa and WhprriaG nrp smiling
j., the fields for lack of gatherers. The
hundreds of berry pickers who were en-
ployed during the opening Of the season
have gone. and now, that second crop
has developed, due to recent rains. most
of them Will be left In the fields to rot.
LOCAL OPTION ELECTION.
The local option election passed off
quietly In Berkeley yesterday At an
early hour in the morning n large num-
Der Of both sides we're Mt the polls, end
many OF them remained throughout the
day. working for their respective sides
The result was surprise to great
many people. as the anti-saloon side
had conducted an enthusiastic cam
paign. holding number of public meet
ings, all of which were we'll attended.
The wetLpeople., conducted still hunt.
They rnatlcd great deal OF literature
20 voters in the district. Besides this.
probably every voter was seen by either
a saloon man or some friend. who made
an earnest talk for the wet side OF the
question.
The following is the result:
West Bcrkley Precinct-Total vote, 1856;
vet majority, "a.
East Berkeley Precinct-Total vote 400;
vet majority. 95.
Oak Grove Precinct-Total vote, 40:
wet majority, 4.
The wet majority In tho district was
i23 IN total vote of 1927, That is ma
Ior!ty Of Is per cent. OF the voters.
TELEGRAPH LTNFMAN KILLED.
Andrew Middleton, coored n linemar
In The employ Of the Southern States
Telephone Company, was electrocuted
In Berkeley this morning about 10 o'clock
and died instantly, He was stringing {
wire on Liberty Street, between Ninth
and Tenth Streets, when he camo II
contact with n live wire He was stand
Ing on the ground at the time and fel
4 he Mad pulnf