The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-04
AUTO OWNERSHIP
. PROVES UND0|NG
Rustic Passion Of Jury Against
Autoist Said to Have
Caused Verdict.
TWO CHICKENS INVOLVED
Staying and Eating OF Pets
Caused Arrest and Suit
for Damages.
TWO CHICKENS INVOLVED

Having alleged that a verdict was
granted 1gains. him because possibly
the Jury was swayed by rustic preju-
dice and passion" against an automo-
tile owner, and furthermore that the
lower court erred in holding that there
| must be stealth and secrecy about a
theft to make it larceny. G.. A. Saund-
ers was yesterday granted a writ OF
error by the Supreme Court of APP
peals from a Judgment of the Circuit
Court OF Mecklenbrrg county. The
details Of the case are nothing If not
interesting.
1t seems from the evidence that
Saunders, besides being what he calls
a pioneer owner OF an automobile IN
tlat rural community," was also the
proud possessor of at least two
chickens About the sad fate of these
specimens of the feathered tribe the
whole story hangs.
Chickens Killed.
One D. T., Baldwin was conductor on
local freight train on the Seaboard
Air Line, which was pursuing It's
letsurely way from Norlina to Rich
niond. Said train was laid out at
Shelton Station, in Mecklenburg
county. to await the passage of train
carrying the mails OF free republic.
The last named flyer ran over two
unfortunate chickens which had tres
passed upon the right of way of the
Senboard. When the passenger train
had gone on It's way it was found that
one of the birds had yielded up Its life.
and that tho other was badly injured.
Instead of caring fer its wounds, ac-
cording 10 the evidence, colored
brakeman named Paul Harris. caught
1t and killed it.
In the conversation which is then
stated to have taken place, this brake
man and the conductor spoke the fate
full words around which the cases
hinge Harris asked:
Captain, what must I do with these
here chickenns?"
take them down to the cab and we
will cook them and eat them" so the
conductor is reported to have re-
sponded.
Baldwin Is also said to have made
remarks to the station agent about
those chickens which further tended
to incriminate him.
Conductor Prosecuted.
Saunders Indignant over the fate or
his pets, sent note to Baldwin asking
so cents each for the chickens. The
conductor is said to have consigned
Saunders to the regions where Ice
factories are unknown Thereupon
warrant was issued for his arrest, and
he. was convicted in the justices court.
He took an appeal to the Circuit Court
where the judge is quoted as SAYING
that stealth and secrecy must De Pa1
Of the crime OF larceny. Baldwin was
therefore acquitted.
Thereup on he sued Saunders for
malicious prosecution, and got YER
dict for $500 damages. II is from 1 IIts
verdict that Saunders appeals. MS
case will be heard later
one of his grounds of error is that
counsel was permitted to give Saunders r
possession IF an automobile especial
prominence in the case. the p resusip
tion being that there was pre1uolce
apainst the devil machine in the com
munity. saunders says that not only
AID =, he he believe Baldwin to be guilty
when he swore out the warrant warrant but pa.
in fact. he insists that S sInsa ~ less
guiltv Of petit larceny. More OF ,. iesS
s ulsss - scattered over the petition