The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-11-30
on THIEF MUST
SERVE SENTENCE
Supreme Court Afirms Decis-
lon Of Hastings Court II,
Alvey's Drivers Case
FOUGHT IMPRISO NMENT'
ON a TECHNICALLY
highest Tribunals Rules lndirt-
I fIIents tan be- An,ende ed ~
ter Trial Beglns--IWo
Other Decisions


Ass long and stubborn hattie ashnnl
durance vile having cndcd In thc N.
rrunsa f.axsrf ~ virginia Nednesdar.
81. $500 .:..,,......, ..--.,.. ~. -.
"Hc1 - 100 - ~ - 20 81.
peal and aalxM1ed tne sentence III
pissed uFoM HIN ~ % Auennes IouU
Of KtchEn04ds4 Sa0eA A0Otn40n. the
negro driser q Alvey nr0tEcms con-
victcd Vt selltng the City stones Laf
oats must servo ninety days IN the
city jatls
SNnteHcs sMas tsnp0Sed upon him IN
AuguSF ~ lM4t year. SINCE then ne
has oeen h8hting against 4. p1cause
OF tcchnlcailey, the Warrant H&ainst
him having oeeia amended during MS
trial.
The case ut1faEtH0 the MOST WIuG-
spread Inherent list year. and - stall
fresh IN the mtn0A q NtcnmOnucH
Robinson MAs aln pAOyed - urfVer
by Edward Alvey from whom the CITY
purchased taed Tor ~ n0sses IN An
gust IL, lSos. James drove upon 1he
city scales Win WAGON htleu "un
baks OF oaA- IN Top ~ the paSe
LAY MS coat. Inc weight Was cur
reel ana the toau Was ~ n. - .nAaes
drove on 10 denver tne oasn ~ she
cry stabies'
Throws stones Away.
When he reached the chesapeake
and ohio Sstad,,ct he stopped his horses
under il. lifted his coat from the bags
or oats, and began throwing large
stones on the wagon. He had hidden
$50 pounds Of stone under his coat.
and thus defraudcd the city out OF
oats to the value Ut 43.6S. His stone
throwing WAS seen by several per-
sons, who testified against him. He
nfse admitted placing tA@e stesses On
the oats. according ~ the record In
the case.
The city was anxious for convie-
ton. because tfcre were rumoss 20 tne
n. =. ~ =
49,. DC go, = "a ,,,rrictrat .,ftartsls ha
s,a,..s - $500 rr,.ttrn rad he.r
.arr,ea IN f,r MANY months. com
y,Iaints having heen made regarding
fha shv ~.t~ht ~ f..,l delivered al
~. ,i1v stables
rr;.s IN ,,,a ra,,.,, co,,r, ar, a charge
~ s,ea,t,g a. Sc ,v,r,b of rats from
H.. a,,,. .,a,,.,r,,n.n, ra,,.s arex,. MIN.
-. 49, u,s .as. w.ss .,,,,s,.,ed ~ the
ii,ssI,,s. sas,r, ana na ,..s tyi,s hx n
~, Tb. ina,ct,c.,, In ,na uust
-. -,.,.+ 5000 81, sst.nnt =,
go, ~, ...,.s IN ,,.;,e,,.sn, uss
nr.,ar.a a.ra,ss.., ht. no tuaye ca as
y, cterv., ..as,s,,,,, ~ chtair po,cv
sr,,,. ~ ct,,, ,,,,sar yats.. rsrrata,,sss ;.
~. t,..st......e.,. -, t......> j, ,x,apas,
Tan,.x ,..sa ,,,,,,a ,,,,i,y .ra .iven
,,,n... -
tn 60 u.s a..sin a,,aa,a,, iris
,tn,a =, sra hi,hces ,rih,,,,,d T., Tho
cn,n,a..,,,se.,,h an rho .rorna tba, tho
,,r,.a.nt,nr bs,l AZ ric,ht ~ s,r.n,t ,he
,,,diatn,er, IN eanr,
tn, S,n,s.n,. f-,,,r. aanaav rs,es
.h.., ,,n,t., ~. nra,S,u;,,,a Of sae,taa
AIoT ~ ne y1rgl,,,, .snda ~. .men,3.
ave-. ,,ra,ar. s,,,.s ,ag,s ana the non.
tome. x.sas therarsre sssfrm@,,
oess "o" 'f'".
a new trial was granted John Gates.
who was convicted * committing q
felony In Portsmouth Gates was nrst
tried for attempting to commit fell
ory and convicted. Later he Was
charged with actually committing the
felony. the same nffense charged at
his pervions trial. and convicted. The
Supreme Court ia reversing the Cor
poration Court of Portsmouth ruled
4 that the prisoner had been placed In
jeopardy twice for the same offense.
Decision In the case Of Fisher ".
Borden ct ais was affirmed This was
land case, John +. Fisher seeking TO
recover an interest IN il farm In Prm-
cess Anne county. Joseph u. Herriek
owned the farm and rnortgagea it ts
w. III. Borden for $500 in December
1892 In the following May he again
mortgaksd II to James Herrick for