The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-26
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ORDINANCE. HAD
Trolley Company Fined By Po,
lice Justice, But Case Was \.
h Appealed.
A CONFLICT Of TESTIMONY
Justice Crtttchfield Has to Sit#As
Soloi1onit1 Dispute Over a
Child--Fined Both. II

judicial murder was committed when
Cluverltis was hanged. The evidence was
not sufficient to convict hin, OF the crime
OF which he was charged exclaimed Cap
tain a.. B. Gugon. attorney for the vr-
glnia Passenger and Power Company, IN
tho Police Court yesterday, In answer to
All argument made by City Attorney Pol
lard that Clvcrlus was convicted because
the jury believed that II he misrcprcscnted
facts ii, part he did It In whole. [G
1t was during the trial OF tho Passenger
and Power Company upon charge Of
Violating tho Donleavy ordinance BY run
ming past passengers at Laurel and Main
and at Beach and Main Streets, that the
assertion bearlng upon tho famous Lillian
Madison case was made by Mr.. GuIgon.5 Il
Mr.. Pollard, In arguing the case against
the company for the sclty, referred to the
evidence Of Conductor Mecks as being evil
IDENTIFY falsetin part, and that It was fair
$to presume that It was a mistake IN
whole. 1T is n well known rule OF law
that witness who mlsrcpresents In part
is believed TO misreprcsent In whole. Your
y
dencc as this that Cluverius was con-
victed. He had n1isreprcscnted things In
part, and the Jury did not believe any OF
his testimony" declared Mr.. Pollard.
The Register a Witness.
The discrepancy In the conductors tes-
timony was that there were between
car when 1T passed Laurel and Main
Streets. when as a matter Of fact the
register showed only seventy-two fares for
the round trip.
Captain Guigon did not mince words In
his reply to the argument of the City
Attorney and at tho offset he quoted
the words given above In attacking Mr..
Polards reference to the Cluvcrus case.
J Officer 'rop"@irat made the charge
against the company for leaving .passen-
gers at Laurel and Main and Beach and
Main Streets. The patronlan testified
that car No ola of the Main Street line
passed Laurel Street at 7:20 % clock He
was standing on. the west side of the
crossing. The car, he testified, stopped on
the east side and let Off passengers. but
that on crossing the street, the motor
3 man did not stop, but yelled out to those
standing there to Take he next car
officer Tate was not sure about the num-
Der Of passengers on the car. He thought
there were about thirty.
Mr.. Donleavy a Witness.
Councilman Donleavy. father OF the or
dinance requiring all street cars to stop
for passengers unless the cars at he time
be filled to their capacity, testified that
there were not over fifteen passengers on
the car, and that It did not stop Mt Beach
and Main Streets on the west side of tho
crossing. He was positive that no car
following this one was In sight at the
time
Mr. Moore gave about the same tes-
timony as Councilman Donleavy.
Mr. Charlie German was called by the
City Attorney. He couldn't remember
what time Of night or dayiit was when
the car was at the crossing; hadn't any
idea of the time of day. Stand aside
them want no witness who can't give
any estimate of the time said Mr. Poll
Hlnrd.G i s8a
This Appel a Peach.
Mortorman Appel who was IN charge
to stop to take on passengers was posi-
tive in his statement that the car was
crowded to It's capacity.
When he stopped at Bclvidcrc Street
TO allow the conductorsto flag the cross
ing he looked back into the car and
knew that every seat was filled, and that
passengers were on both platforms. At
Laurel and Main Streets and Beach and
Main Streets the car was still crowded
Mr.. K Appel made an excellent Witness,
and gave his testimony In a straightfor-
ward manner
Conductor Meeks did not show up so
we'll for the company He said that there
might have been twenty-five or fifty pas
sengers on the car that he did not col
lect fares from. But he was confident
that the car was crowdcd-so crowded
that he could not reach the rear plat
form at either of the crossings.
car following No. 5l4 said that they were
within half block of the carr and
that they knew It was crowded. 6,
"a Mr.. Brittle. not connected with the com
pany In any way, boarded tho car at
Laurel and Main Streets and could not
get seat. but had to hang out on tho
front platform, so he testified.
In no case before Justice Crutchfleld
for months was there so much conflict
of evidence.
The Company Appeals.
IN filming the company s25 FOR violating
the ordinance, the court said that he did
1t upon the statement that the register
showed only seventy-two fares for the
round trip, and that the ear could not
have been crowded at tho time.
Captain Guigon noted IN appeal, and in 4
doing so said that he would carry the
case to the highest courts and before q
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