The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-27

cipants, at Eeast, We're not unprepared,
But the tale was not complete. Fate
had not yet done her utmost: At least
one more shaft remained in the culver.
Before the time set for the trial of
the Poseys had arrived, Harrison
Beavers, who had been summoned by
both sides as very material wit
ness, had his leg broken by falling
tree, and was unable to attend the
trial. For that reason the case was
continued. Before IL was finally tried,
his leg was amputated. Harrison
Beavers was a cousin to both Poseys
and Fairs and was uncle to Wills
Beavers. whose violent death has been
alluded to.
In this connection, attention is CALI
ed to the fact that Charles Fair him
self had his leg broken by, falling
tree when a young man, and was ever
after q cripple.
When the case was finally tried.
Mrs. Posey. who Is a. frail, girlish,
looking woman. with small, oval
fact. as innocent as child's, SAID:
1T was question s; Of ,sk killing k,,, my
and ] stood by my husband
Nothing could shake her statement
and nothing could shake the beltef
of the jury in Its truth, and for the
The brother. John Fair, however. was
outspoken in his dissatisfaction at the
result.
A circumstance which added to the
gruesome horror. OF the killing was
brother Edwards fayorite sister.
Shortly after the trial. Tom Posey
and his wife and baby took up their
residence in house. owned by Ashei
Posey at the time of his death. And
now, by fire, they have been deprived
! Of their home, furniture and clothes.
and the little boy, who was terrified
/ witness to the killing of his uncle by
his parents. barely escaped with ms
| life.
Truly. as saith the preacher. there
| ere three things that are not satisfied,
yet four things that say. 1t Is not
enough: and the grave is one OF them.
! Is the Record COmpletef
| Is the record complete? Has the
/ MYSTERIOUS fate which controls the
! destines of this ill-starred family taken
/ her toll in full? Or does the future
hold still darker tragedies?
so far In not single instance ha
any one been held accountable before
the law, either in criminal prose
cution or civil suit for damages.
4 There Is now pending in the Supreme
Court Of Virginia a suit to determine
the liability Of the estate OF Silas w
Putnam for the killing of Mrs. Emma
Beavers in May, 1907. This suit wa:
decided In the Circuit Court OF Fair
fax county against such liability. ane
this appeal presents legal question
without precedent in the State O
Virginia.
1t viii be recalled that when Putnam
shot Mrs. Beavers and then killed
himself she survived him about roul
hours, Now under the Nirsinif
statutes, where one person Kills an
other the administrator or the victim
can sue the slayer for damages. anc
Il ms SLAYER dies such right to sue
survives against his administrator
Putnam's curator claimed that at the
time OF Purnams death there was nc
right OF action against him, because
Mrs Beavers was still alive. And
as there was no existing right or ac-
ton against him In his lifetime, none
could survive against him. and, there
fore. the suit could not be maintained
4 This contention was sustained by
7 Judge ]. b, T.. Thornton, OF the Car.
cult Court, and the suit was ordered
d dismissed. From this judgment ar
appeal was taken to the supreme Cour'
/ OF Appeals OF Virginia.
This appeal was argued short time
ago before the Court OF Appeals. ane
decision Is awaited With much in
terest, not only by reason or the very
interesting legal question involved
but because 1t adds one more chapIe
| TO a family history without parable
in tho annals OF the State
It so happened that when the cas'
was called for argument, one OF tn
attorneys and as fate willed II, !
was the attorney for Mrs, beavers,
estate, was very Ill and unable to ap
] pear. and the cas> was submitted II
this Supreme Court without oral ar