The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-11
ARGUMENT IS HAD
ON HABEAS CORP Us
Demand of Charles Hall Davis
for Release Is Submitted
to Court.
OTHER STATE CASES HEARD
II. II. Wayt Appointed Deputy
for y. w. May, Blind Clerk
at Stanton.

ObeyinS the writ of habcas corpus
issued on Wednesday, Arthur Kyle
Davis produced the body of Charles
Hall Davis before the bar of the SUI
prcme Court of Appeals yesterday
morning. The application for the re-
lease of the latter from custody on the
indictments charging him with emhcz-
Element of the funds of the Appomat-
toN Trust Company, OF Petersburg.
was argued by John l.. Lee. of Lynch
burg. and James Mann, of Norfolk, for
the petitioner, and by Richard III. Mann,
of Petersburg, and Attorney G eneral
Samuel w. Williams for the Common
wealth. The court took the matter un-
der consideration. and will render its
opinion later.
When the case was called, the Attor-
ney-General asked eof the dismissal of
the writ on the ground that Charles
Hall Davis is not in custody at all. and
therefore that the proceedings of ha-
bcas corpus cannot apply. His con-
tention is that while the indicted man
is out on bail, he cannot be regarded
as being In custody.
Custody In Bail.
This point was mentioned by Mr..
Lee when making his original motion
on Wednesday. He then said that so
far as he could trace Virginia decisions.
they all held that bail custody was
actual custody. In other States he
admitted. decisions were conflicting.
The Supreme Court retired briefly TO
consider the motion OF the Attorney
General. Returning, 1t was announced
that IL was oN crrulcd, and that the ar
sument on the petition on the merits
Of tho case should be proceeded with.
One hour and fifteen minutes was ul-
lowed on each side. The case OF Mr.
Davis was already pretty fully Gov
cred in his petition. He contends that
more than four terms of the Peters
burg Hastings Court have been held
since the real charges against him
wetc first put into the form of an in
dictment. and that he has rcpca tcdly
demanded trial on these charges, which
has been refused by the prosecution.
He therefore asks that he be forever
discharged from prosecution under
these Indictments.
The Commonwealth has had the ase
before several grand juries. in the cf-
fore to secure indictments which 1t
was believed would cover the case
The charges now pending were re-
Gently made. but Mr.. Davis claims that
they identical with those In former
proceedings.
Pcddling Case Heard.
After the conclusion of the Davis
ing the same name-Davis VS.. Com
monwealth. This Davis appealed from
fine imposed on him for alleged un-
lawful prosecution or the occupation
of a Dcddlcr without n license. He
claims he was not peddling under the
provisions of the law. His case was
argued by r. j. Christian, while the
Attorney General represented the Com
monwcalth. AMI the matter was sub
mitteL.
Following this the case of Potts VS..
the Comm onwcalth was argued by
Captain John w. Happier, of Ports
mouth. for the plaintin in error. and
by the Attorney General for the de-
PENDANT in error. and submitted. Potts.
a negro. was convicted OF murder in
tbs second degree. aid desires new
trial.
The court then adjourned to Monday
morning 1T 10 o'clock. The next case
to be called is that of the Virginia
Brewing Company against the Com
the liauor license tax provisions of the
Byrd law. This is the last Common
wealth case on the docket. and the
privileged docket will be then called.
There are three motions for manda-
mus which will be submitted on briefs
and not argued.
An order was entered approving the
appointment by Alexander w. May.
clerk of the supreme Curt at Staun-
ton. of Hampton II. wayt as his de-
puty. Mr.. May recently attempted sui
eide and shot both eyes out, making
him permanently blind. Otherwise. he
has recovered from the wound.