The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-28
.HECHLER APPEA
IN COURT S HANDS
Petition for Writ OF Error in
Henrico Trcasurcrship Has
Been Filed,
1T IS BASED ON FIVE POINTS
Assigns Several Grounds of Error.
Petition Taken Under Ad-
visement by Court.
7 is BASED ON FIVE POINTS
Assigns Several Grounds of Error.

counsel for Mr.. III. e. Rechler, treas
nrer OF Iienrico county, presented a
petition to the Supreme Court yester
day for q writ of error and superse-
IDEAS in the case which was heard be-
fore Judge r. Carter Scott in the Hen
rico Circuit Court some weeks ago.
which resulted in an order removing
the treasurer from office on the ground
OF malfeasance. The petition Is a
whole history of the case, and alleges
five special points OF error as ground
for a new trial. With the petition was
q complete bound copy of the record
on the case, tcgether with various ex-
hiblts, reports of special accountants.
anc a great mass of figures, the record
in the case covering III pages of close
typcWriting.
The five grounds for a new hear
ing in the case. in which error is
alleged il. The former trial. are:
First. The court erred in not giving a
trial by jury because the statute 1921
Na.) entities a man to jury trial, or,
If any other construction Is put upon
the wording of the statute denying in
any case a jury trial, then the statute
is unconstitutional. The petition goes
on at some length to recite that the
proceedings In this case are of IL quasi
criminal nature, the object being punish
ment by removal. not damages nor
1t is argued, therefore, that the failure
to provide jury trial at some stage OF
the proceedings In criminal cases is
against the Constitution Of the State.
The second assignment Of error is
that the court was without jurisdiction
TO remove the petitioner under the pro-
ccedings had The petition refers at
length to Section S6i Of the Code proyid-
ing specific remedy, fine and imprls-
onment after conviction, the act APP
plying to county treasurcrs only. The
action under Section SCI. without the
indictment trial and finding by jury,
and without imposing the penalty pro-
vidcd by statutes Is held by the attor-
ncys to be an error.
Third. The finding of the court that
the s6,o57.52 of Todd money belonged
to the county. Under this head the
counsel raised the question of the
ownership Of the money collected from
tax tickets due to the Todd estate, and
held by the treasurer subjectfto tho
order of the court.
Fourth. That the courts conclusion
of the fact from tho figures was
wrong, a great mass of figuring, state
ments of expert acco tants, and refer
ences to the books of the treasurer
being presented.
Fifth. That the Judge refused to re-
open the question for the hearing Of
discovered evidence
Taken Under Amusement.
The petition, together with the
record of the case,g were presented
to Judges Keith and Cardwell yester-
day. tho court being in vacation, and
was taken under advisement 1t is hoped
by the attorneys for Mr.. Hcchler that
a writ of error canb BIO secured this
week in the case. as the thirty-day
stay Of pro ceedings granted by Judge
Scott for an appeal. will expire on
Monday, March 4th.
II There is much discussion aboutsthe
courthouse MS to who will be appointed
treasurer in the event that the Su-
%preme Court refuses to grant a. new
trial. Alnumber OF candidates arc In
the field. who will stand at tho fall
primary, and an Interesting contest is
assured. b.