The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-03-11
Court Of A ppe ais Re
verses Judge Ingranin
Barnes Island Case.
B U.1L DING LINE
LAW IS AFFIRMED
Supreme Tribunal Will Not In
terfere With Sentence Of Sam
Hardy to Electrocution for
Murder Of Tiberius Jones.
Many Other Deci-
sions.

| Riparian rights of the city OF Rich
mond arc secured in an opinion hand-
ed down yesterday by the Virginia Su-
preme Court of Appeals In the case
OF the city against Barnes ones,
the Law and Equity Court OF THIS city
being reversed and the case remahoeu remand. :.
| for a new trial The city also wins us
contention as to the right to estab-
| lish and maintain a building llne N
| the case OF Eubank and others against
| the city. About thirty opinions were
| handed down by the court
1 Tho Barnes case involves the owner
| ship OF a small island in James River
/ opposite the New Pump House. Almost
/ valueless in itself, but possessing sfeat
| strategic Importance because OF pos
l siblc watcrpower rights which may go
/ with II. The case has been regarded
\ as In large measure a precedent which
will establish tho rights to num-
| ber OF other barren rocks and small
i islands in the upper river, and Incl
dentally protect the city's right TO
1 erect and operate the proposed muni-
cipal electric plant and In other ways
/ protect its rights in the power gen
Grated from the falls OF the James
River.
II Lower court In ACSeI"Su.
i In the lower court, under instruc-
i tions OF Judge Ingram. the case was
4 decided against the city, and had that
Il nosition hcen maintained. there might
4 have been serious complications, pos
4 siblv making it necessary for the city
IL m cond en1n the island and Its riparian
, rights at great cost The opinion OF
the Supreme Court reyerses judge
ingram on several points. and under
~ its instructions new trial Is TO be
held. when the city Will almost GER
:. tainly have the upper hand. City At
/ ftorney Pollard, who argued the case
i hefores tie appellate court, said last
!. night that there could now be no
! douat OF. the city-s winning Its con-
! tenttof. on a retrIal, nndsr the instrHc-
tions Of the upper court. :.
Tho city claims ownership through
& a deed from General Jacquelin B. Har-
/ Vie in $40. Jones and Barnes. sduatted
on the island IN 1900 and built a club
house. and laid, claimato the island pS
I right OF possession, bringing an actor
g for ejectment when Engineer Ira ffort
! and his assistants began the survey:
r OF the uppcrsriver as preliminary t
t building dams for the municipal cleo.
tric plant.
d Establishes a Precedent.
: Barnes has since been drowned u
S the river, after a heroic attempt
T his rescue by Robert Bauer, and th'
e suit was brought by his dauEhte
Y through her next of kin. 1t is gen
t orally known that other parties wer
!, awaiting the outcome Is establishin
:. the watcrpowcr rights In the Jane
y River. as between the Gould interest
and the. city. The case. however. ha
Ino direct bearing on the suit no'
pending between the Old Dominic
/ Iron and Nail Works and the Chesa
Z peake and Ohio Railway Company.
a which the city is party, and whic
y has not yet come to trial.
- The city has perpetual contrac
- with the Chesapeake and Ohio for
n certain amount of water at Bosher'
~ Dam, six miles above the city, use
,f both for the water supply of the cit.
and for power In pumping water u
to the Reservoir. The Old Dominic
Company, as owner OF Belle Isle, an
its riparian rights claims that the raj
:, way company is divertinG moro tha
"a It's share OF the water. The city. how
d ever. is protected by contract, and
MT said to be only indirectly party
en- the suit
Ia Hardy Must Die.
10 In ar opinion by#Judge f: II. Care
he we'll, the Supreme Court ovcrruled v;
attorneys for Samuel Hardy, the col
victed murderer Of Tiberius Gracch,
Jones, and affirmed the decision OF t
Circuit Court OF Nansemond count
Us sentencing him to death In the elect
chair. Hardy's crime was committ
u on the night Of October 26. l9oS. al
lte the case against him was made o
=. ne by circumstantial5 evidence, which a
w torneys for the prisoner have ma
"a every effort to overthrow.
ir- The case is proba bly,, from t
he prominence OF the murdered man, t
Ee most important Of It's kind in "
,rn g!nia in recen years. and the vario
- - legal steps taken in an effort to secu
,ct a new trial have added increasing !
as- terest. {
The 'srhe evidence shows conclusive
be that the accused had not only grud
against jones'" writes Judge Gar
we'll d ..but bore toward him a feeli
OF revenge, and 1t seen,ed that ne nc
human life cheap, as It was ms =
~ thought to Kill tho man Ealnsl WI
he held a grievance
1rs. Dcllbcrate Murder.
and ror.xw was shot down near his "a
m n, not Far from Holland. Nansemc
: ;,e AZ county. and in almost his dying hre'
' 1no aoo''se "a Hardy OF the murder. lol
all. and I. II. Joyner had stopped at
It ma r;stratos trial In Holland on
go lint 's OF the crime, and left tosetl
MAJ had separated where =
,ty . . d,vise N es. ana 1t was not many minu
TO "a |F1ater ' that Jones was killed. Susptc
ry's the d az following rested on Hardy
he was arrested.
|HsUntil a few months before the N
l5}& dera theftwo men had been the I
o. friends; but hard feeling began
h1 exist between them over some evide
given in a will case. and flaterfJo
IA said to have accused Hardy
Z ~ ~. selling whiskeN without q license,
foot even threatened Sto prusecute lAl1'1 y
uins lShis violation o e. the law ones !
bolt |sa lleeed ia rclyi aperjured himself !
9nth court trial, Hardy was often ht