davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
JURY
TO DISMISS CASE
-----------.---
Robertson Not Liable for Death
OF Mrs. Zcigler's Boy,
Says Court.
KILLED BY BURGLAR GUN
Set There to Protect Store, Young
Man Entered Rear Door Be-
fore Clerk Arrived.
BY BURGLAR GUN

Judge Edmund Waddill in the
United States Circuit Court yesterday,
instructed the jury in the suit OF Mrs.
Emily licsler. against W. w. Robert
sen. OF Emporia, Va, to find for tn.
defendant. thus terminating case
which has been on trial for several
days. and which has brought up sew
eral points OF law on which there To-
no precedent either in the Virginia or
Federal records.
Killed by Accident.
Carl ztegler, the thirteen-year-old
son Of the plaintifr. early one morning
attempted to climb into the back win
dow of the Robertson drug store be-
fore 1t was opened, being in search Of
pet cat. which, he believed. had been
locked UP in the building. In opening
the window he was shot in the breast
by spring gun set by Mr.. Robertaon
for burglars. who had previously at
tempted to rob him. He died shortly
afterward. Mrs. ziegler, who Is n
resident OF New Jersey. brought suit
against Mr.. Robertson for damages in
the sum OF $4,000. She was repre-
scented by Colonel Eugene C. Massis.
Mr.. Robertson retained Mr.. c. v. Mer-
edith as his attorney. After hearing
the argument and testimony In the
case. Judge Waddill. while stating that
there was no fixed precedent In the
matter instructed the jury to find for
the defendant. q verdict TO this effect
being Immediately returned without
leaving the room. Mr.. Massie noted
an exception both to the verbal COM
mcnts OF the court and TO the written
instructions. and stated that he would
take the case to the higher court on
appeal. In his oral instructions Judge
Waddill outlined the right OF a citizen
to set a spring gun in his own house
for the protection of his property. pro-
vided that due care was exercised look
ing to the protection OF innocent par
ties. and that the absence OF such pre-
! cautions was the only ground on which
negligence could DO alleged. Briefly
reviewing the history OF the case. Judge
Waddill said that the evidence showed
that the child. who was thirteen years
OF age, had attempted to enter the
store by a rear window, without per-
mission.
1t was shown that he did not enter
with any criminal intent, but for the
purpose Of finding a pet cat.
The Courts Instructions.
In view of the evidence, the court
instructed the jury as follows:
"Thnt under the law of Virginia. the
defendant had the right to set "A loaded
sprinc gun within his storehouse for
the protection of his property therein.
II. In his opinion, the same was rem
sonabIy necessary, because OF undi.-
puted previous felontoua brcakinEs aud
attempted md anticipated brenkinEn
Into his storchouse, and II was not or
itself unlawful for him 40 TO act such
a gun. II he e1ercised such care ns
" ould govern and control men OF ora'-
nary prudence In nettinR and locating
.uch gun within naid storehOusc, with
view OF protecting persons accident
ally. inuocently and without unlawful
purpose entering upon such premises
or within said storc"
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
.D|ST|[[|NC CASE
TO GRAND JURY
Richmond Business Men Ordered
to Show Corn Sale Rec
ords To-day.

Inquiry by the Federal grand fury
Will begin this morning into the al
legged infringements against the United
States internal revenue laws by the
~. The plant. which Is one OF the
largest in the district, was seized some
months ago by agents OF the United
States internal revenue under direc-
ton OF Colonel Chapman. revenue
agent for this district. The charge
was that the concern was buying more
corn than It's reports to the govern
ment showed had been used In distill-
Ing. the inference being that 1t was
making making Illicit whisky on which no
The defense put forward by Mr..
Donati and others connected with the
dlstillery was that they kept several
horses which were fed out OF the gem
eral corn supply, and also that they
had bought and sold several carloads
OF Western corn.
After a preliminary hearing before
United States Commissioners Brady the
Fair oaks Company gave bond for Its
tates. Court. and It's plant was re.
Mnny NNltncsses Called.
A number OF, witnesses were. sub
poe YESTERDAY TO r appear bsfor,
!See I COMPANY. rain merchants
Thomas whIttet. Of T. W. Wood s
Adams Grain and Provision Company
Edwin Cox. manager of Simpson Bias.
& Company; w. r. Green, hay anc
grain merchants. and John r. Ander-
son, of John T. Anderson's Sons. The,
have been directed to bring with then
books and papers which will show the
amount Of grain sold to the Fair Oal,s
Distillery Company and TO individual
members Of that firm between Januar,
1. 1906, and December l. 1907.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
RICHMOND FIRMS BEAT
ALL ON FEDERAL CONTRACT
Tredegar and Richmond Iron Works to Make Coast De-
Tense Projectiles for War Departmental Competition
Was Open to Entire Country

was slightly lower than the Richmond
Iron Works on the three-incll shells.
but when the department took into
consideration the TACT that Govern
ment Inspector w. j. Tucker was To-
Gated here, and that II the contract
was awarded the Massachusetts firm It
would be necessary to keep another III
spector on the job. It was found to be
cheapest to scnd the whole contract
hcre. The projectilcs arc to be de-
.ivered from time to time, within fif-
teen months. and will bring the plants
back to their full working force.
The two Richmond plants have here
tofore filled government contracts 10.
siiell. the Trcdegar Works dating It's
prestige In the field of armament back
to the days OF the Confederacy, when
1t vas the principal arsenal and source
OF supply OF the Southern forts anu
field pieces.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
rarity men DIFFER,
. BUT NEVER DIVIDE
Democrats Return from Roanoke
Prepared to Fight for
Bryan.

Big Democratic leaders, delegates
and visitors who went to the Roanoke
convention from this section of the
State returned last night highly
pleased with the reception accorded
them by those in charge of arrange
ments, and for the most part with gen
eral results. Some of those who came
in on the Norfolk and Western train
were Governor Swanson, Speaker Byrd,
Major William II. Sands, OF Richmond:
Hon. Roger r. Gregory, Of New Kent.
and many others who were either dele
gates from this city or who had to stop
over here In order to make their train
connections for home.
The sentiment expressed by these
Democrats was that Roanoke had
given them a fine reception. and. that
they greatly appreciated the courtesies
shown them and the entire convention
by the Magic City.
| There were. OF course. differences OF
opinion as to what the convention
should have done about various mat
ters, but one leader made this state
nlent, which was probably satisfactory
to all:
virginia Democrats differ. but do
not divide"
All the Eastern Virginia contingent
seemed pleased with the conventions
action on the primary question, as this
| is first last and all the time pri-
mary section of the State
There was but one other real iEht, ane
this was over instructing the delcEauor
and the leaders. many OF whom dld no
wish to instruct, are satisfied. They CAM
laway with the determination OF puttina
their shoulders to the wheel and hghtln,
earnestly for the Democratic ticket this fall
City Delegation for Primary.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
GRADUATE Of
HIGH SCHOOL
List OF Those Passing Final Elk
anninations Officially
Announced.

Graduates of the Richmond High
School for the current session were
announced by Professor j. c. HARDWOOD,
principal. as follows: "
Po.t-Grnduntcs-M. Eulnlin Boyle.
Marion J.. Turner, Lucy Alma Hum
phreys Lenore P. Kobe, N. Florence
Leech Pauline Pearce. Ruth McGruder
Thomasson--7.
Graduntcs-Edward Granger Ancar-
row, Elsie Lee Ball. Alice Cnrrant
Branch. Michaux Crump. Dorothy Dame,
Edith !.andrum Davis, Hilda Day. Han
nah Alice Engelberg. Mabel Engelberg,
Ethel Celeste Evans, Bette Bertha.
Gellman. Virginia Ernestine Hamlet,
Mary Gary Hargrove. Marie Elizabeth
Harmon. William Elliott Harrelson.
Elise Spindle billiard. Elsie Livingston
Jacob Grace James. Amy Karr Kraft,
Minnie Christina 10th. Elizabeth Nc
Graw. Jessie Merriam McAlinn. Roberta
Mitchell. Mary Sadie Neaie. Jennie
Pearce Erma Lena Fuller. Ruth Ready.
Anne Louise Richardson. Lois Gamma
way Richardson, Russell G. Smith. Mary
Louise smyth, Nathan s,ernheimer.
vertner Taylor, Bessie Turner. Kath-
Ilene Helen futile. Marie Elizabeth Won
Groning. Esther Berthe Weinstein, Jes-
sic Mansfield Wood-3s.
Graduate. Business Conrhe-sarah p.
Anthony. Robert Owen Arlington. G.
EDDIE Boaz, Fannie c. Burroughs. Cor
nelia T. Cooke. George Hartley
Dietrich. Mamie r. Dunford. Edward
Davis Gang. Horace Bryant Cans, Lin
net II. Godsey. Adelaide Frances Han
Geek Lawrence T. letter. W. Joe KIM
brough. Jr. Irene A. Kitchen, Edwin j.
Ilusterer, Charles s. Lohmann. Louise
MalIonee, Herbert S. Mann. Bcrnice
FIillsman Pollard. Evie NJ. Reid, j. Ner-
non Rice, Estelle VI. Smith. Otey 81.
|Vnndenberg. Kate a. Wilcox-24.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
MOTHER WEEPS OVER DEAD SON.;
HER SISTER SAYS HE STILL LIVES

case Is brought about by evidence in
PRODUCED by Mrs. Thomas w. Adkins,
of No. i27 West Seventh Street, Man
chester q sister of Mrs. Johnson.
Mrs. Adkins stated last night in the pres
ence OF several witnesses that she had on
sunday. May 10th, conyersed with Russell
johnson. her supposedly dead nephew. on
her own porch.
IF the man dug up in Hanover county
was killed on March 18th. then he was GER
tainly not Russell Johnson said Mrs Ad-
kins. FOR talked with Russell on my porch
on May 10th. and l know that he was alive
at the Tine
This conversation. Mrs. Adkins said, &C
Cured between 10 and IL o'clock on the
Sunday in May referred to.
Miss Annie Adkins, daughter of Mrs. Adj
lSins. says that she was Ill at the time her
mother talked with johnson, but that from
her bed she distinctly heard and perfectly
recos nized his voice
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13

With manufacturers in all parts OF
tile country submitting competitive
bids the entire United States govern
ment contract for projectiles, involving
more than 100000. has been awarded
to the ,rredegar Company and the
Richmond Iron Works. OF this city,.
The contract was given to the Rich
mond Iron Works for the eighteen
pound projectiles, at cost OF about
100000, while the Tredegar Company
will make the heavier grade used In
the government coast defenses---tfe ten
and twclve-inch bore. weighing l,25o
pounds each.
The War Department secured bids
from all sections. and the fact that
the entire contract comes to this city
Indicates It's wonderful forward strides
in the iron market
The bid OF one Massachusetts firm
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13

Russell johnson is said to have told Mrs.
Adkins during this conversation he was jus.
from Farmvillc. where he had been workins
with bridge gang. and had that day
reached Manchester from Petersburg, com :
ms in over the electric line. This CONVEX
sation was heard by Miss Huldah Adkins,
who stood on the porch with her mother
While she talked with Johnson.
These statements are corroborated by
Mr.. and Mrs. Walter j. Wise. who live next
door to Mrs. Adkins. and who say that on
the day in question Russell johnson guve
brass ring to their seven-year-old son
Otto. The child also testifcs to this effect
Mrs. Wise was Miss Ella Adkins. and
Otto Wise is grandson OF Mrs. Adkins
the sister OF Mrs Johnson.
When a reporter for The Times Di.patc CHI
called at the residence of Mrs Johnson las,
night 10 inform her that Russell Johnson
was apparently alive, she could not %
aroused.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
POKER CHIPS NOT CASHED
BY CIRCUIT COURT DECREE
Judge Scott nsructs Jury to Dismiss Blacker Suit Facts
Showing That It Resulted From Gambling
Transaction at Norfolk
Transaction

4" Before much progress had heen made
in introducing evidence, Judge Il. Car
ter Scott announced yesterday that
the Circuit Court OF the city OF Rich
mond was not the proper tribunal to
determine on the merits of game
OF poker ana for that reason instruct
ed tho Jury TO dismiss the suit OF a..
ElacBer against Max Friedman.
Tie litigation grew out OF game
OF poker IN Norfolk, Mr. Blacker bring
ing suit 10 recover 800 alleged to be
dne him presenting draft In evidence.
Mr' friedman denied that he owed the
| money either as a legal obligation or
as debt of honor.
An eighteen hour, game OF stud poker
figured in the hearing, the court be-
I ing informed tpat chips We're bought
| in $50 stacks,
| Blaeker oltimed that Friedman
4 bought stack litter slack until he wa,
] broke, and then asked him 10 indorss
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13

for 500 A draft was drawn. indorsed
and cashed The witness claimed that
II was an honest debt. and that Fried
man repud!ated It,
Friedman on the other hand testl-
fled that when lie had lost all the
money he had on him, he asked Blacker
TO back him In fresh attack. The
draft was given with the understand
ING that Blacker WAC n partner OF
FRIEDMAN In the game, the winnings
to be divided equally. But there were
no winnings TO divide, the-game con-
tihhing to 20 against Friedman, until
the amount Of tho draft had been alb
sofbed- Claiming that Blacker should
stand FOR the run Of l,Gk either way
witness refused to pay the draft. which
zen back on Hacker.
Judge scott promptly Instructed tbs
| Jury tllat gambling debt had NJ
status ~ cnuit, leaving 4 no alter.
native but to find for the defendant.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
cnr Eall. From Tre.tlc.

Two cars OF coal broke loose from
the shifting engine on the trestle at
the Lower Gas Works yesterday morn,
ing. and one toppled over to the ground
below, q distance of about thirty. feet.
and was wrecked. The second car
caught, and went but half way !, over ,s.
Fortunately, no one. was hurt. III .ne
accident. and the damage was only
to the cars.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13

y - q
over the Chesa-
peake and Ohio
Railway. on a
s p G g tally char
tered train, for
S t a II nton. from
which point to-
morrow will be-
gin the march of
159 miles, through
the fertile Valley
of Virginia, over
many historic bat
tleiie,ds. to the
ancient town of
a ! G xandria, and
then back home
by rail on Tues
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
city Wins Fleming Case.

The suit OF A. I. Fleming against the
city Of Richmond. in the Law and Equity
Court. yesterday resulted In verdict Tor
award him damages In the sum OF $4,000.
alleging injuries received by falling down
the basement steps of the City Hal,. re
employees in not properly lighting the base
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
cbar.c Theft Of Piping.

r. Granger and A. D. Burfoot. both white,
werc arrested Yesterday morning by Police
men samuels and Duffy on a charge Of
stealing quantity OF lead pipe !, from on the n,
~ mnanv. They we're In company and were
carrying the pipe. headed for Twentieth and
Cary Streets, when picked up. The piping
Was recovered.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Test Case for Pcddlcrs.

Giuseppe Morani, an Italian hockey.
pokey vender, was in police court yes
terday morning on the charge of ped,
500 and costs. His counsel Messrs,
Gilbert X. Pollock and a. r. Cohen
appealed.
The case is one to- test whether or
not hokey-pokey men come under tho
ordinance which requires a s5oO
license regarded by the peddlers rs
'prohibitive.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Hi Cusc Coo. Over.

Tho case ngirst William Hill, col
ored, charged with felonious assault
on his mother, Mamie Mason, was not
heard in Police Court yesterday morn
ing because Of the old woman's in
ability to appear Hill, 1t is alleged,
struck her With a broomstick while en-
gagged In 4 general fight with the rest
or tho family
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
NEW COUNTRY CLUB /
Richmond Club Has Options on Two Eligible
5'4,5 Sites.

new country club for Richmond seems
to be assured, whether the pending merger
Two sites nre under consideration by ,le
SItichmoni Country Club. the newly chartsr-
ed corporation, tho Westbrook property,
formerly the country homo OF Major Lewis
Clutter. and the Jones property. near Rio
Vista. on which an option has been obtained
for thirty days, q.
The meeting OF thu Deep Run Hunt Club,
allied for Tonight to vote on the merger
proposition. has been postponed.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
small Fire on broad street.

several hams were cooked 10 finish III
the basement of Herman Schmidt's on
Hruad Street last night. when the boiler
became dry ana burst into flame, Smoka
from me burnlns lsment poured out Of tn.
wInd0ws. and some pnaserby turned In m
nlnri,. L Chief Shaw and an engine companS
raspondsd but the flrsa Amounted to llttla,
and was soon extlngnlshad, without daal-
ago. eXGspt to sayeral hasrx- IA KS az
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
TO BUILD BREWERY
Sch,,,x Company Will E.tnblish Dis-
tributinK Plant Here.

tribntinK Plant Here.
The s.hlits Brewing COMPANY is to
erect a new plant at Allison Avenue
and Broad Street, construction W
Gin as soon as the contract Is awarded.
The company has now only a branch Of
flee. which receives beer direct from
milwaukee,. The new brewery will be the
point for Virginia and tho
Carolinas. The building VIII be loo nS
aoO feet and two stories high. On the.
first floor viii be located the bottinE
de partment and cold storage. The sec
ond floor Will be used for offices.
stables will be connected with the
building in the rear, with ample track.
age for the loading and unloading OF
cars.
The plans have already been drawn,
and the contract will soon be awarded.
iThe plant will be completed within q
wear.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Oh'icial County To-day.

The official count OF the election. returns
or the plan for $4,000 bond issue IN
Brookland District. Henrico COUNTY. on
'rh,,rsday, will be made to day. The meas
IRE was lost by a narrow margin, the vote
being 255 for and 1oe against. ADOPTION
requires 81 per cent. of the qualined No1e'
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
THE WE GATHER

Forecast: virginia--i'air s satnfd rayr !.
showers at night or sunday. except !, a. aa a.
on the coast; light to fresh
TO south winds. 80, Ga +ur-
AN NJ :, showers light to fresh
east to southeast winds,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Building Permits.

Inspector Beck yesterday issued the
following permits:
Fl. S. Holland, to repair brick build
Ing at 1919 Floyd Avenue, cost. $1,000.
Geore II. Smithie, to repair a frame
dwelling, 524 North Twenty-fourth
Street, cost, $500.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
or To Contention.

Postmaster Cabell and Rideway Moore
left yesterday for Chicago TO attend the
National Republican Convention az delegates
The entire Virginia delegation left 10.
Chicago during the day.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
cnNn,TtONs 5YEsTLRDAY.

clear. Range Of the thermon'e'te'' On
Highest temperature yestcruus "a
Il ,owest temperature yesterday Il II ~ -
Mean temperature yesttrduH y. -
excess ~ 'e'''pe'a 105
uaIy lsi . ..c a. O.25
l,reclpltal'o,' ~ 10, {, tInn since January
EXCESS IN ~ .G.2 0
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Turnbull Has Withdrawn.

II Is understood that Robert y. Turnbull
OF Brunswick county, has decided to with
draw from the contest for the Democratic
nomination 10 Congress from the Fourth
District. Representative 1-assiter Will be
declared the nominee without opposition.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Piano Men Here in 1910.

Business Manager Dabney. OF the Cham
Der Of Commerce. waA advised yesterday
that the National Association Ct Piano Man
ufacturers Will meet next year In Detroit,
but that the invitation extended by the city
of Richmond would doubtless be accepted in
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
cosnrr,oss N IMronTA a; L! CITIES ,''''
IMMATURE ALMANAC.

1855 IN -'7-I| ~ 77IE7 ,JIl1Ie I'd, Y WIZ II1
sun riscs. A,5D HIGH TIDE,
Sun sets.3.....7.2D Morning. N. w
Moon sets. II. .4:dl Notwithstanding
I)IaTII I4IcIt y---BAClS rAGN Is u y s4
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
.H0VV|Tz[RS' MARCH.
BEGINS SUNDAY
Command Leaves Tonight OH
Special for Staunton, Hoof-
ing 1t from There.
WAR TIME MEMBERS GOING
Old and Young Enthusiastic,
All Counting on Great
Time in Valley.
WAR TIME MEMBERS GOING

With ninety members of the COM
mand and score of wartime guests,
the Richmond Howitzers. under com
tnand OF Captain w. NJ. Myers. Will
10 We to-nfpl,t
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
Lawn Party at commonwealth cl,

u.
Made brilliant by the light from hundrUls
OF Japanese lanters, he lawn of the Com
monwcalth Club presented beautiful pic
ture last night at the lawn party given 10
the members and their friends. During the
evening music WAS rendered by screened
band. and reireshments were served.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-13
BAIL FOR sIEBERTs

Father and Son Released for Their Appear-
~ ancc At October Term.
Bail was granted in the United States
District Court yesterday TO c. and F. ".
Sicbcrt. Indicted in Norfolk for using me
United states mail for fraudulent purposes.
C. siebert. the father. was bailed in the
sum OF $500. while the bond Of the son. e
w. Siebert. was fixed at 81 1000. Mrs M. 5.
cares went over TO the October term OF ;hc
United States District Court.