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

a case with an interesting history
peals yesterday, and the Attorney Gem
eral confessed error and q new trial was
granted. Tho case Is styled on the
docket Joseph Pavllnic vs.. the CONS
monwe1lth The confession OF error on
the part OF the Attorney General Is an
follows:
One OF the grounds OF error all
legged by the plaintiff In error In this
case is. that the list of venlrcmen
was not drawn and made up in the
manner required by section 40lS OF
the Code OF 1904. but that said list
consisted OF twenty names selected
by the trial judge from the by
ISLANDERS. and not drawn by the clerk
as required by said section: and the
record. pages IL and 10. shows that
said list was selected by the Judge
in the manner stated.
Tho record, pages 13 and ~.
shows that the plaintiff In error
moved to qungh tho list OF veniremen
and the writ OF venire facIas for tho
errors apparent on the faca thereof.
Under tho decisions in Joncs's
case, 100 Va. PIP. S42-s4s. and Ho-
backs case. lo+ Va. p. S71, and tho
Judgment OF this court sustaining the
confession OF error In divers case
in January, 1906 the above was
plainly reversible error
II deem It my duty. therefore, In
order 20 save unnecessary costs and
delay. to confess error In this case,
subject to the Judgment of the court.
ut is proper / should add that the
Commonweath's Attorney of Eliza
beth City county. who tried the case,
concurs In the above conclusion
rr1ja iu nj n rka Ol6
cases ever In the courts OF Virginia.
Pavilnic, who killed his wife, was tried
for murder In Elizabeth City county and
given the extreme penalty of the law.
He is an Austrian as was his wife, to
whom he was devoted. After killing her
he went to Newport News. surrendered
himself and told all that Is known OF the
tragedy. No one has ever doubted the
truth OF his cool statement OF the details
of the awful crime. This however. had
nothing whatever TO do with the confess
sion OF error IN the highest court yester-
day morning. and nothing to do with ths
decision of the court In remanding tho
case for new trial. Tint confession
and the decision were purely on points Of
law
PaYin!c's statement when ke surrender
ed himself TO the authorities at Newport
News. after killing hs wife. was to tho
of the Eastern State Hospital for the In
sane. She had been released as partially
cured. AS coon as she returned to her
husband she exacted from him most
solemn promise that in case she should
again become insane and 1t should be-
come necessary to send her back to the
institution ut Williamsburg he would XIII
her. as she preferred death at his hands
to return to that institution. After
a few months IL became evident from her
condition, which was daily growing worse.
that she would sGon have TO return to
the asylum. and when the distracted wo-
man fully realized this she demanded
OF her husband that he keep his promise.
He thereupon shot her seven times whiie
she lay In bed.
Pavlinic has at no time given any OUT
ward evidence OF regret for his act. but
on the contrary has seemed perfectly
contented. even happy In the thought that
he has kept his promise to his afflicted
wife, and saved her from fate which
she dreaded much more than she did
death, even SO violent death as being
shot to pieces by her husband