The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-23

SUMMARY OF PROCEEDINGS
N. and w. Railway Case Argued
Yesterday Important Gases
on the Docket.

on the remarkable plea that the appel
liant Is a fugitive from Justice In his own
cause, motion was made by the Com
monwealth in the Supreme Court yester-
day for summary dismissal OF the ap-
peal granted some time ago in the case
of Ewell Rose. convicted. heavily fined
and sentenced TO imprisonment for the
Illegal sale of intoxicating liquors in
Warren county.
The case Is one of the most remarkable
In the records OF the court. and the pre-
cedents discovered. after vigorous
search of all the resources at the COM
inand of the attorney generafs office,
were found to be few and very ancient.
Warren county officials 1t seems, were
conducting n campaign against the yio-
Iators of the whiskey laws and several
heavy fines were imposed. In September
of last year Ewell Rose was tried in the
Circuit Court of Warren and WAS con-
victcd for the Illegal sale of intoxicants.
He was fined s21G0 and sentenced to con-
fnement for sixty days in the county
Jail.
With pretense OF going out to secure
on tho day he was convicted, hurriedly
left the court room and has not been
seen sinco A capias was issued. and off,
GERS have been securing the county and
State without result. The man had dis
appeared completely. Meanwhile counsel
for Rose. the Hon. Richard Evelyn Byrd.
now member OF the General Assembly
and chairman OF the House Committee
for Courts of Justice. appeared before
the Supreme Court in Richmond and So
cured q writ OF error and supersedeas.
which have since been pending.
But Rose is at!ll at large, the efforts
TO catch him having failed. and the Gu
rious condition existed of u mans having
asked and obtained an appeal from de-
ciHlon 10 which he had never submitted.
Rose had not even furnished the bond
required when an appeal is taken. Re-
citing these facts, Attorney General An
drrson yesterday filed motion for q dis
rnisgal of the appeal. Accompanying the
motion were afridav!ts from the sheriff
OF Warren the town sergeant and others
declaring RSse 10 be a fugitive from JUS
tice The sheriff declared he had infor-
nation which led him 10 believe that
| Rose is now engaged in business in Ha-
gerstown, I'D.
Proceedings of Day.
4 lVol O. motion 10 huNance inc case OF
| Everett Waddey Co. and others VS.. Rich
| mond Typographical Union. No. 90. and
| others. was put on the privileged docket
| and set"for hearing at the March term
! OF tina court. This case grows out OF
| the strike OF printers III Richmond. In
| the Chancery Court OF this city Judge
| Grlnnan, after argument. dissolved a
| temporary injunction he had ranted re-
| straining the Richmond Typographical
| Union and any others from interfering
with or enticing away men who mad been
| imported by the employing printers. An
| appeal was taken by the plaintiffs and
| the matter went TO the Supreme Court.
| The proceedings of the day in the court
| yesterday were as follows:
Norfolk and Western Railway Co. vs.
! Bell; argued by VIM H. Mann for the
| plaintiff in error. and Volney e. Howard
| for the defendant In error. and submit
| ted
Henry b. Lee. ct ais, vs.. Patillo and
others; argued by j. Taylor Thompson
| for appellants. and a. D. Watkins and r..
| K. Brock for appellees. and continued.
| Next cases TO be called: Wilson. trustee,
| ct ais. VS. Langhorne, trustee, ct ais.
| Watkins vs.. Robertson, ct ais. and Hat
| ton VS. Mountford. being Nos 40, AZ and 43
| on argument docket
i