The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-17
charter of the plaintiff in error was
therefore held to be plainly right.
New Trial Granted.


In an opinion written by Judge Blu
chanan a new trial Is granted to John /
w. richards, the finding or the Cir |
cult Court of Floyd county being re- |
versed.
Richards is charged on circumstan-
tial evidence with the murder Of a
Young man named Francis. OF Roanoke.
The crime was committed in 1906. when
Francis was shot from ambush while on
his way to visit his sweetheort. Sus-
picion pointed to Richards, who was
n school teacher, and his arrest fol-
lowed Two trials resulted in hung
juries. and in the third jury. from
murder in the first degree. The SUI
| preme Court holds that the lower
court erred in the admission Of GER
tain testimony, and that there was
not sufficient reason for drawing a jury
from another county, as it had been
comparatively easy to fill the panel
! in each OF the former trials. and as
the county had population OF IS
! Rlchards's counsel express the hope
| that with the throwing out Of GER
tain Of the circImstantiai evidence
| there viii be no difficulty In clearing
| their man In new trial.
| Writ is Dismissed.
Anong the other 9 i interesting dseis s.:
In the case OF Forbes and others
Junior. Order United American Mechan-
H les OF Virginia, from the 4, Chancsery
! application is dismissed on the ground
that the appellate court has no juris-
diction to review the jud gment com
4 planned OF.
! tho sui, styled state Council Of vir-
GINA, J. o. I. a. NJ, against NATIONAL
4 Council, j. Q. L. q. NJ. and Others"
upon the petition Of the plaintiffs Is
4 j. w. Forbes and others, summoning
them TO appear and show cause why
they should not be fined and impris-
ened for contempt, of this, court in
the decree OF this court rendered July
z. 1904. as affirmed by the Supreme
Court of Appeals OF Virginia. and the
Supreme Court OF the United States
After several continuances, the de-
PENDANTS were adjudhed to be N con-
i tempt, and the Chancery Court fined
them $40 each. Then followed the
awarding OF the writ of error which
: is now dismissed. The opinion con-
oludes:
not deprive de- ; them them (the plaintiffs in err
mo, and they are given . reasonablc
time within which to pay It; and 1t is
only in the event Of t thar f ara
committed TO jail. The Imprisonment
then would be, not the direct result
OF the Judgment OF the court. which by
i ins terms r. imposes i 9 to
s law decree OF the court. The LAM
guagc OF the Constitution is not broad
enough to cover the case before US; y
the life or liberty OF any person; but
hy force of the very terms employed
excludes from its operation judgments
Which % not sy theT ewn te Ts wr n
of error is therefore. dismissed
Summary OF opinions Rendered.
Whit. VS.. Commonwealth. Circuit
Court Of Mathews oo !, MY ~ eveI Eur.
roHg nIsh's Of ,c Ga1nous CORPORATION
(ou Of c,ty af !NIasanaria Reversed
Forbes Ell ais. ys; state ls,t c9un Nner e
Nirg'in,ia junior oE Wrgn I.' chanesry
i. Court OF city Of richmond. Writ dis
missed. c,,,,o,,
q showalter's executors VS.. sh ne Hls,is
widow e ais. Circuit Coui1 - = 80 -
schermerhorn's exseutr,ix , rs. Com :,
mH EsSs,n = s1 5s s'ssS'si
brough's ndmInistratrlS. Circuit Gour
Of. city OF AleSandria: atH y ,Inst
Hanger VS.. Commsiqn5,aa s.tsn,n r a
n versed. !.
. Crawford Social club lncorporat eu
vs. Commonwealth. tt kfsirnscd
Ry Judge JOHN a, BuehaInan ,,,s, !
CITY q Rennoke g s,t as 3, y Iloa nhse
.nnm alien coursnson1d c decree Amend
= ed and affirmed. rirc,,
Richards VS.. ConmonweG1!sss1n; a ,.G,Tcu'
N pevine ", Irsn,Gnmonwenlth. Circuit
n cour, Of Macklenburg county he
N Versed, 81, 49, -.
easss1 State Corporation Commission
II Affirmed, ~ I.
a Monumental SAVINGS Association, !, G s,,ll
Al cuit Court Of Norfolk county Affirm AZ NY
M ed. s1sa Si5His il. ~ "a Ut i S,,,.. n
"A Flnvanna county ftirmrsd 4, \, AZ
4 ly Judge George \, ,h !, Nh " a,
y Clifton at all y 2 1'h '' y -