Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-15
WAS CONVICTED OF MURDER
Conductor Acton, Failing to Secure
Bond, Remains in Station House.
HELD FOR CAUSING BOYS DEATH
Increase in Salaries of Police Recon-
mended-Other Council Proceed
ings-Plans for S. s. Institute.
specisI Correspondence Of The Star.

Special Correspondence of The Star.
ALEXANDRIA. Va. May Il. 1907.
Attorneys Howard W. Smith and Robley
d. Brumback. counsel for George Midgets.
colored. alias William Johnson. who
sentenced to be hanged in this city May "a.
for the murder of Charles T. Smith. October
% last. were this morning notified that the
state court of appeals had granted a writ
OF error and supersedeas IN the case. The
information came by telephone message
from Richmond. The bill of exceptions
upon which they asked for the writ was
presented in person yesterday afternoon by
counsel to Judge Keith. the president of
the court. AT that time he informed the at
torneys that the case would receive early
attention
The action of the higher court has the
effect of a stay of execution and opens the
way for direct steps to secure a new trial.
Attorneys Brumback and Smith will. at a
time yet 20 he stated. file their brief in the
case. and a date will be set for hearing
argument.
Commonwea Attorney Brent. who con-
Quoted the prosecution, has stated that
should the petition for new trial be
granted. the commonwealth will be able to
produce witnesses who were not on the
stand at the original trial who will posi-
lively identity the accused as the man who
did the shooting.
Bill of Exceptions.
In the bill which Attorneys Smith and
Brumbaek submitted to the higher court,
the rulings of the trial court which are
called in question include the refusal Of the
motion for a continuance of the case when
It was called. the overruling Of the de-
murrer TO the indictment. the admission of
certain evidence, the ruling on certain In
structions. the denial of a motion for
new trial. and the refusal of the court to
granta change of venue.
Midgets was convicted of murder in the
first degree March 30 last, after trial
lasting a number of days. 1t was the con-
tention of the defense that the shooting
was done by a negro named Frank Rob
inson. who has not yet been captured. I'm
mediately after the murder. Mldgets, who
admitted having been engaged In a fight
the fair grounds just before the shoot
Ing managed to get away ana was not
located for several months. Finally he was
found by the Virginia authorities In the
custody of the police at Harrisburg. Pa.
where he had been arrested on some minor
charge
Unable to Obtain Surety.
Owing to his inability to obtain surety
Richard Acton, the conductor of the
Washington, Alexandria and Mount Yer
non electric train. which struck and fatally
injured little William Creegan in this city |
last Sunday, was obliged to remain a pris-
ouer at the station house last night He
was held on the charge of murder in con-
nection with the death of the boy, bono
being named in the sum of $1,000. Up to
a late hour this afternoon surety for the
defendant had not been arranged.
Conductor Acton recently came to this
city from Washington and has only linz
tied number Of acquaintance here, when
Is, said to be Sthe reason why he has had
difficulty in obtaining bondsman. He
states that he was under the impression
his interests were being looked after by
counsel for the railroad company, as Al.
tePney James r. Cation Of local counsel
for the road appeared in the police court
yesterday when the case was called ana
made motion for continuance on behan OF
the defense.
Later. however. the conductor was in
formed by Attorney Cation that he had no
further connection with the case. Conductor
Acton stated this morning that IT appeared
TO him that he had been abandoned by the
railroad company.
When asked concerning this statement At
torney Cation declined to discuss the mat
ter. further than to say that he was not in
terested In the case. He said he had taken
no action in II beyond making the motion
for continuance.
MOtorman John Barker. who was charged
Jointly with the conductor. was released
late yesterday afternoon. Mrs. Charlotte F.
Cook having become surety on his bond in
the sum of $1,000. 1t Is stated that Con-
ductor Acton expects to be able to arrange
for his release on bond late this afternoon.
Increase in Police Salaries.
4 general increase in the salaries of the
members of the police force was recon-
mended in a report submitted last evening |
at the regular sem-monthly meeting of the |
city council by the committee on police and
finance. The resolution was passed in the
board OF aldermen, but according to the
rule in such cases 1t was laid over In the
lower board 1t is recommended that the
chief be increased from $65 to SO per
month. the lieutenant from $50 to $65 and
each private from $50 to $55, the entire ad-
diton amounting TO about $1,000.
In the board of aldermen Henry X. Field
was elected member to fill the vacancy
in the representation from the third ward
caused by the death of George l.. Simpson.
]. R. y. Curtin was elected president OF
the board and j. NJ. Hill. vice president.
The two boards went into joint session ana
reelected f. G. Dunn city engineer.
the board OF fire wardens. following the
resignation of c. J. w. Summers.
The favorable report Of the committee on
streets on the resolution providing for the
paving OF Washington street from Queen
street to Wythe street with vitrified brick
was adopted as was also the report from
the same committee recommending the APP
preparation of 81, 200 to lay broken stone
Roadway. with curbing. on Royal street
from Queen street to Princess street. An
ordinance to close list street and to open an
other street with the same designation In
that vicinity was referred to the committee
on general laws and streets. The sum of
500 was appropriated to assist the Alex
andria Light Infantry in defraying the ex-
penses for recent improvements at the Ar
mory Hall. Council adopted the annual
revenue bill. which Is practically the same
as that of last year.
A request of the Washington. Alexandria
and Mount Vernon Railway Company. pre-
scented through Attorney James r. Cation,
for an extension until September Is OF the
time stipulated for the laying of certain
new tracks and the inauguration OF a local
Sunday School Institute.
Arrangements have been completed for
the first annual Sunday school institute of
the Washington district NJ. f. Church
South. which will be held In the Washing
ton Street NJ. E. Church South Wednesday.
May % Rev f. V. Register. the presiding
elder OF the district will conduct the devo-
tional exercises at the opening services at
$50 o'clock and temporary organization
will be effected. Addresses will then be de-
livered on Sunday School Aims by A. l..
DIETRICH OF Washington. Rev. w. w. Keene
of Warrenton, Va, and Rev. W. l.. Dolly of
I.eesburg, Va. A report of the committee
on permanent organization will then be act
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