The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-20
Supreme Court Grants
Stay of JudgmentPend-
ing Final Fearing.
ONE MORE CHANCE
TO CT EA r NAME
Joel H. Cutchin Gets Writ of
Error on Petition Which De-
tends Official Method of
Dealing With Certain Evils.
Exact Status of Case
Somewhat in Doubt.

BY the granting of writ Of error
In the supreme Cour, Of Appeals yes
terdhy morning. Joel H. Cutchin.
Mayor OF Roanoke. has ono moro OPP
portunity to clear his name OF the
stigma put upon it by verdict of
jury which found him guilty OF mis-
feasance and malfcasance in office. and
as result OF which Judge Mullen re-
moved him from his position a stay
OF sentence was granted pending the
appeal. and the higher court grants
Euperscdeas along with its error writ.
This means that the Mayor VIII remain
In Office. If he so desires. until the
case has been finally heard and deter
mined by the tribunal OF last resort.
The exact status Of this unusual
case seems matter OF doubt The
petition for a writ OF error does no.
read In the mime Of loci n. Cutch!n
against the Commonwealth, but mere
Is states that IL is for Joel n. Cutchio
OK parte II would therefore seem
that II does not come under the ordi-
nary standing OF Commonwealth cases.
which always head the docket. This
feature is OF Importance In detern1in-
Ing tho time of the hearing Were
the case on the Commonwealth or
privileged docket. IL would come ND
during tho first few days Of tho No
vember term H. on tho other hand.
IL must take its course like any 9th.
err case. at the bottom OF tho dock ct
1t VIII not he heard before March
Case Not Privileged.
Harry NJ smith Jr.. OF this city,
who was one Of the counsel for the
prosecution. when asked about this
point OF law yesterday. expressed the
opinion that this case was not priv.-
legged. However. he said. irasmuch as
II Is a public matter. affecting a pub
lie servant. tho court might by mo-
ton place the appeal on the privileged
docket, for early hearing.
This might even be done during the
September term at stanton. but is
hardly likely, inasmuch as the record
must hrst he printed. and the time is
short for the perfection OF the appeal.
The petition Is given up In large
measure to a discussion OF what is
called therein the oldest problem
known to civilization-older than law.
older than history--the social evil The
principal point made against Mayor
Cutchin is his protection OF certain
segregation policies In treating with
this matter. and there is apparently
no attempt made to deny such action
on his part. Tho petition says that
every city in the world is confronted
by identcally tho same problem, and
that the best thought of the age is
directed toward it's solution. and vet
81 Is still unsolved. III abolition is
declared 10 he an impossibility as yet.
and its treatment in the direction OF
modification and its removal from pos
sbility of contamina ton OF more re-
spectacle elements is tho general
study.
Such conditions are admitted TO be-
illegal. but 1T Is argued that Mayor
Cutchin has done his best toward their
practical solution
Went Back Two Decnde.
III addition. 1t is argued that he did
not have really fair and Impartial
trial. jnasmuch as improper and i'm
material evidence was introduced. The
trial could not. It is said, have law
fully embraced any period save the
existing term. and "et testimony was
edduced going back twenty years.
which. It is argued, necessarily had
Its effects on the minds IF the jury
men.
The Mayor is Confederate veteran
He is charged with having refused TO
enforce the law. which having been
In collision with lawbreakers and
with moving policemen on the beats
30 as to suit the convenience of the
lawlcss element.
Attorneys for the defendants wero:
Marshall Mccormick, of Berryvilla:
John l. Lee. of Lynchburs. and w I.
Henson. of Roanoke.