The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-23
CONFESSES ERROR
IN STRANGE CASE
The Attorney-General' Decision
Means New Trial for Man
Who Killed His Wife.
A REMARKABLE STATEMENT
Austrian Kept Promise to Murder
Woman Rather Than Send Her
Back to Asylum.
! case with an i-nterestlns history

A case with an interesting history
came ~ go Is sapiesne ourt Of An
peas yesterday. and the Attorney-Gen
eiaI confessed error and a new trial uas
sfahted- Tho case IS STYLED on the
uochet Joseph Paviinic vs.. the Cons
n'o""eAth. The confession of error on
m part o. the Attorney-Gcnera is an
follows.
one or the grounds OF error al
leged by the plaintiff IN error I'm this
case IS. that the list Of venlremen
was not drawn and made I'd in the
manner required by section 4Ois OF
the Code OF 1904, but that said lisr
consisted OF twenty names selected
HF the trial judge from the b,-
ISLANDERS. and not drawn by the clerk
as required by said section: and tho
record. pages y and %. shows that
said list was selected by the Judge
IN the manner stated.
mo record. pages y and -.
SHOWS that the plaintiff iu error
moved 90 Quash the list of veniremen
ana the writ OF venire facias for tho
errors apparent on tho face thereof.
Under the decisions ia Joncs's
case, 100 Va. pp S42-S4s. ana Ho-
backs case. lof Va. o.. 81. ard the
Judgment % this court sustaining the
confession o; error IN divers cass
NA N0AAaI. 4fNa. ire ALnFe was
plainly reversible error.
II deem it my duty. therefore in
order 20 save unnecessary costs aud
delay. 70 confess error Ga this case.
subject % the Judgment OF the court.
III is proper ] should add that ths
'ommonweaiths Attorney Of Eliza
beth CITY county. who tried the case.
concurs IN the above conclusion.
This is one o. the most remarkable
cases ever "a the courts % Virginia.
Payliric. who killed his wife. was tried
Tor murder 90 Elizabeth city county and
given the extreme penalty 81 tie law.
lie ls an Austrian. az was his wife. ~
DE was devoted. After killing her
lie went % NeWrovt News. surrendered
himself anu told al that is krown of tha
tragedy. No one has ever doubted ths
truth of hs cool statement of the details
Of tie awful crime. This. however. Rad
nothing whatever 20 DO with the confes-
sion 90 error tn the highest court yer-er-
day morning and nothing 90 60 with -
decision % tie court in remandirE tie
case for n new rr.ai Tint confession
and tile decision were purely on points 4
Pavinic statement when le surrender
"a fimseif 60 tae authorities AZ NcVpor
News, after killing his Vlfe. was To the
erect that las WIFE lad been an inmate
"F HNNAHL ANNLNHNNNA AZA inc Ut
sane. She had been released as partially
cured. As soon as she returned 60 her
husband she eXactcd from him a most
solemn promise that in case she should
again become insane and 1t should t--
come necessary TO send Ter back 20 tr-
institution at williamsburg DO would X
her. as she preferred death az his hands
TO a return 90 that Institution. After
q few months % became evident from her
condition, which was daily growing wCrse,
tnet she wOL;i Soon sa.e 90 r-tlrn 20
tho asylum. and when the distracted Voc
man fully realizad this she demanded
~ her husband that hc keep hfs promise.
lie thereupou shot her seven times while
She lay in bed.
Pavlinic has 81 no time given any olt-
ward evidence ~ regret for his act. b
the contrary has seemed perfectly
contented. even happy iu the thought that
lee has kept his promise 70 his afflicted
VIE. and saved her from a fate which
she dreaded much more than she dii
death even So violent a death as being
SHOT 20 pieces by her husband