The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-10-01
MANY CASES
ARE DECIDED.
Robert Bowles, the g. and o.
Negro Brakeman, Gets
New. Trial.
.COURT1F0uND MANY ERRORS R j S
Iii Most Other Matters Deter
mined, Findings Of Lower.
Courts Sustained.
Especial to Tho Times. Dispatch. ]

Especial to The Times. Dispatch,
3 STA uNTON. VA, September e9.-The
Supreme Court OF Appeals by an opinion
handed down to-day, granted q new trial
TO Robert Bowles, convicted OF murder
& In the first degree in the Circuit Court
of Allegheny county on April 20, 1904, and
sentenced to be hung.
Bowles. Pennsylvania negro who was
In the employment Of the Chegapeake and
Ohio Railway Company at Clifton Forge.
as yard brakemans shot and fatally
wounded John Run, fireman on the
James River Division Of the Chesapeake
and Ohio The shooting occurred on the
yard at clifton Forge about 2:8 o'clock
on the morning Of March 2lst and Run
died the following night in the hospital
at that place. 81
The circumst ances Of the shooting wero
as follows: The engine, on which Run
was fireman. had been stopped on the
yard 80 near to what Is known as the
lead" track, that another train could
b not pass on the lead track withouti
striking It. The train which this engine
was to pull was scheduled to leave in
a short while, and Ruff was IN the cab
Of the engine. Another train at this.
time was being backed along the lead"
track, and Bowles was sent ahead OF the
rear part OF 1t to ascertain whether
there was anything on or near the track
,whichsit would strike. When he saw the
engine was where It would be- struck
by the backing train, he called Sout to
Ruff to Move that engine quick; Il
you don't we are going to hit IT, al the
same time signaling his own train to
stop. Run took offense at the order given
him BY heinegro, and getting down out
Of the cab, advanced towards sBowles5
and demanded to know what he meant
by it, Some words passed between them;
whereupon Bowles laid down q brake.
stick and Ia lantern he had in his hand.
and drawing a pistol fired five shots,
In quick success sion, at Ruff, two fof whichi
took effect and resulted in his death.
Feeling Was Strong.
n In the excitement Immediately follow.
ling tile shooting, BoWles escaped, but.
was captured on the Cd Of April in West
Virginia. . on the line Of the Chesapeake
and Ohio Railway. The feeling at Cliff
ton Forge, particularly among the rail-i
road men, was very strong a galnst the
negro. and the sheriff who vent 10 West
Virginia for the prisoner being apprehen-.
sive that he would be lynched II carried
to Coyington, the county sea t OF Alle-
ghany county which is not far from
Clifton FORGE took the man In a buggy
across the country to the Norfolk and
|: Western Railway, and over that road to
I,ynchburg, where he was kept in Jail
until his trial. 81 81 ts li is
Judge Cardwell has written the opinion
of the court in this case, and he discusses
fully and conclusiyely the &. question
raised There were twelve assignments
Of error in the petition, OF which four
are sustained, and the others either over
5ruled. or not I'd d slpon.
Many Errors.
The first error found In the proceedings
III the lower court is the admission Of
evidence as to Il the general good char
sncter and church membershi y OF the de-
ceased man. and his ha BIT % not using
vulgar language. which was offered IN
consequence Of the testimony Of BoWles,
that when RUFF a pproa ched him he used
violent and profane language. II Is held
that this evidence was lnadmlssibe.
The next error pointed out Is the Civ
ingIof the tenth ;instruction8to the jury
on behalf Of the Commons wealth. The
objections to- this instruction are, that
Fit leaves 4 olit Of vieW conside ton by
the Jury OF the manner In which Ruff
approached the prisoner, whether IN a.
violent and threa tening manner or peace
ably; that It assumes the existence Of
facts as to which there was conflict
az evidence, the prisoner having testi-
Nay, ana the INSTRUCTION assuming that
1t l1a ppened as testified BY other witt
inesses, and that 1t tells the Jury, In eff
feet that upon their finding the facts
stated IN the sinstruction proven beyond
reasonable doubt, they should find the 4
prisoner guilty OF murder IN the first
degree, when those facts, 4 established,
do not necessarily. constitute q wilful,
deliberat e and premed murder, IN; In
ioner had testified as to acts and cir
,csumstunces surrounding the shooting of
the DECEASED which. II believed by the 4
Jury, would have made the homicide an
offense less than that at murder IN the
first degree, and It was for them to say
whether these facts and clreuyrlsta noes
we're true or not, a tfongh they were not
testified to by any Witness other han
the prisoner htms ~ n
Wrong instruction.
It is held that instruction Ia. asked
for by the prisoner and refused by the
court, should have been given as. belng
founded upon the theoTy of the prisoner
as 10 the facts and circumstances ats
Tending the shooting to Which he had
testified, It stated sound proposition
of law. 58
The fourth and last error found Is tho
rejection Of the ghth instruction asked
for by the prisoner. This tnstruc tton set 4
forth the manner, according to the pris-E
roners testimony. In which Ruff got,
down from the cab Of tho engine and
started towards the prisoner, ana directs
the Jury that II they believed the facts
therein assumed to ba true, the .prls-
Roner was not guilty 81 murder IN the ,
first dgree, IT Is held that this lnstrnc
ton also should have been given,
Ano Their question passed upon is that,
while not deciding whether It would he
correct practice u to giye into the hands