Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1905-02-08
New Trial for Jones.

- ~ ''N NNot VI lllt
Commonwealth ". John Jones,
charged with firing the barn Of
Mr.. Clay Carr near Boyce. on the
night of March Is last, and ordered
new trial.
The Times-Dispatch says:
John Jones, who was convicted
of arson in the Circuit Court Of
Clarke County. and sentenced to
nine years in the penitentirry. Is
given a new trial by the Supreme
Court, which finds that the evil
dence upon the trial in the lower
court was insufficient to convict.
Judge Cardwell, in his opinion
for the court, considers only the
sufiiciency of the evidence.
On the night Of March Is. 1904.
between 10 and II O'Clock. two
large barns. one Of which was used
also a. a stable, straw and fodder
rick. belonging to Clay Carr. who
lived near Boycc. Clarke county.
were discovered by neighborS 20
be on fire, and were totally destroy
ed. together with their contents.
live stock. etc. John Jones. who
had worked for Carr on his farm.
and who, it was known. had IN
feeling, towards Carr because of
several diSagreements, one Of which
was over the amount of wages due
Jones in settlement for work
done. was charged with the crime.
On the night Of the fire a neigh
Dor who lived on Cars premises
a short distance from the buildings
that were burned. while on her
porch, heard Carr's dogs barking
furiously in front of Cars resi-
dence. and heard a voice, but could
not say whether it was the voice
of man or a woman.
Upon hearing the voice the doc,
ceased barking. and she stated that
about that time she heard a horse
| going towards Carr gate. running
very rapidly; and that after going
To sleep she was aroused by the
I ringing OF the farm bell. which
was the first She knew of the fire
On Tuesday following the fire
| Carr discovered a horses track,
across his lawn, made by an I'm.
| shod horse. and a comparison after.
wards made between the tracks of
/ a horse owned by Jones's father
which was ridden 10y Jones t,
Boyce on the night of the fire
showed that they were apparently
made by the same horse. though
there was nothing peculiar abou
the tracks to distinguish then
from tracks that might have beer
made by some other horse.
Carr stated that his dogs knew
Jones and that they were in tn,
habit of following him with iii,
wagon. There was much conflict
! in the evidence As to the time the
| fire was started, it appearing from
the statements that it must hav,
been somewhere near 10 o'clock.
Jones claimed that he was a
Boyce that night, that he reached
his home, which was about 600
yards from Carr's house, about .
O'Clock, went to bed and knew
nothing of the fire until the mex
2 morning.
f These and great many othe
facts are set forth in the opinion
and 4 great many decisions ar,
2 quoted to show the kind of proc
+ required TO convict.
The court says there Is no direc
evidence tending to prove that tn
fire was the work of an incendiar,
but that If we we're To conced
that the evidence in this case wa
sufficient to show that the fire wa
incendiary. that the defendant ha
an opportunity to commit tn
: crime, and that he cherished i'll
! feelings towards Carr, the owne
of the property destroyed; thi,
according to the authorities whic
n we have cited. Is not sufficient I
warrant a conviction; and this i
our opinion. Is all that the evidenc
for the Commonwealth. consider
p ing 1t under the rule governing il
consideration, establishes. TIL
most that can be said of the ev
dence is that it is sufficient to raj,
a suspicion of the guilt of the a
cuSed; but in our opinion it
n plainly insufficient to warrant Il
5,verdict of the jury"
= Jones was represented byMeSSr
IT {. NJ. Broun and r. Il. Within.