The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-01
Gates, it seems, was indicted and tried

Gates, it seems, was indicted and tried
for criminal assault. He was found
guilty, instead, OF an attempt, which
Judgment was set aside and new trial
awarded on the second trial, over his
objection, Gates was tried Tor the as
sault and found guilty. Error was
alleged in that the trial was for what
is regarded as the higher crime.
Where one effense Is an ingredient
OF another, says the court. the jury
may weigh each possible crime, reject
ing them in turn IL 1t sees fit, ana
finally fixing on one for verdict OF
guilty. What is higher crime is
usually judged by the amount OF the
penalty.
Reversing the Portsmouth court, the
decision says that the accused, having
been found guilty on the first trial OF
an attempt to commit criminal as
sault, an offense which was included
in and a part of the charge of as
sault, he was therefore acquitted of
assault and could not be placed upon
trial again for that offense.
Not Innocent Purchaser.
Questions involving the knowledge
of purchaser OF bond OF prior
lein were decided IN the case of John
T. Fisher against w II. Borden and
others from the Circuit Court of
Princess Anne county. IT is held by
Judge r. Fl. Clrdwell, in the opinion,
that ct is we'll settled that what is
sufficient to put a person upon inquiry
will charge him with actual knowledge
OF the facts of which a diligent pursuit
of that inquiry would have informed
him.
On December 81. 1892. John D. Her
rick, the owner OF a one-fourth In
terest in tract of land, conveyed to
William X. Woodhouse, trustee. this
property to secure to w. H. Borden
the payment of two bonds, one for
$500 and the other for $500. This deed
3, 1894, while in the meantime Herrick
delivered a trust deed to the same
property to the same trustee to secure
James c. Herrick In the sum Of $500.
While this was on May T. 1898, the
deed was recorded on August IS, 1898.
more than six months before the first
deed was placed OF record.
Other Dealings.
James c. Herrick somp years after
ward assigned this bond 20 John i.
Fisher. The property went to sale,
and Fisher bought 1t IN having pre-
viously acquired the other three
fourths interest. one part from James
C. Herrick. Fisher then gave sundry
deeds of trust on the property.
Borden sued to have the trust deed
to Woodhouse, the deed of sale to
Fisher and the subsequent deeds OF
trust all set aside. The claim was
that j. c. Herrick had notice of prior
lien, and this seems to be certain from
the evidence, The Circuit Court held
that Fisher could not be regarded as
a purchaser without notice. and was
not entitled to protection. and from
this ruling an appeal was taken.
The question involved was whether
Fisher knew that Herrick knew of the
Borden deed. Judging from the evil
dence, the Supreme Court holds that
Fisher either knew or could have
known through inquiry OF the eSict-
ence of the previous lien.
Two Rchearings.
Rather contrary to its custom, the
court before adjournment granted two
rchearngs of cases previously decided
These are the cases of Yost against
Critcher. from the Corporation Court
of the city of Staunton. and Atkinson,
administrator, against Solenberger
These cases will go on the docket of
the court at stanton.
Six rehearings were refused as fol-
lows: Wears vs.. Salyer, from the Cir
cult Court of Russell county; Clinch-
field Coal Company VS.. Wheelers ad-
mlnlStratOr. from the circuit &COuft OF
Russell county: Clinchfleld Coal Com
pany VS., Niers, from the Circuit Court
OF Dickenson county; Board of Hand
ley Trustees vs.. the Winchester Me-
mortal Hospital from the Corporation
Court of the city Of Winchester, Whit
ner VS. Hulva, from the Circuit Court
of Russell county.
List OF Appeals.
Appeals and writs of error were an
nounced as follows:
Runkle's administrator VS.. Runkle's
administrator from the Circuit Court
OF Rockingham county. Appeal and
supersedeas allowed. No bond
Scottish Union and National Insur-
ance Company vs., Virginia Shirt Com
pany from the Corporation Court of
the city of fredericksburg. Writ Of
error and supersedeas allowed. Bond.
$500
Hurley vs. Charles. from the Circuit
Court of Buchanan county. Writ of
error and sllpersedeas awarded,'yBond.
$500
Armentrout ct ais, VS., Armentrout's
executors, from the, Circuit Court of
Rockingham county Appeal allowed
Bond 500.
Pocahontas Consolidated Collieries
Company VS.. the Commonwealth from
the Circuit Court OF the city OF Rich
mond. Appeal allowed Bond 5000.
Pinner's Case.
Bpard Of SUPERVISORS OF han1al1A