The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-29
BARNES ISLAND
AGAIN TO FRONT
Case Involving Question of Ripa-
rian Rights Comes Up in
Court To-Day.
CITY SECURED NEW TRIAL
Intricate Legal Points to Be Dc
cidei-First Owner Drowned
Near Property.

Another move III the long drawn
out litigation over the ownership OF
Barnes Island In james River will be
made this morning when the case is
called for its second trial in the Law
and Equity Court, the verdict i'm the
first case when title was given to
Barnes and Jones. having been re-
rersed and rcmandcd by the Supreme
Court.
The litigation involves many intri-
cate ana interesting points. both us to
law and fact. The island Is II barren
stretch, about an acre in extent. living
In James River almost opposite the
'llu Pump House, and for many years
neglected and supposed 10 be value
Tess II has always been suppose
mat tile was vested in the city under
virtue of certain contracts made b,-
tween the city and General Jacuuelin
IS HarTie. in 1910. and ratified -
popular vote, by which the city came
into possession of water rights az
James River at the Old Pump House.
now the site of the electric plant. tn,
water rights there being now esti-
mated In varying amounts at from
5000, 900 to 100000
Pnrt Owner Drowned.
I'D Barnes and Charles L. ZONES
, squattcd" on the island MANY von-.
ago first building a fishing hut, ami
later raising few vegetables and
lNinS there for great part of the
year. retrieving II TO have no owner
snip. they took out land warra
from the Register OF the Land One
in 1892. and afterwards paid a few
dollars of taxes. first to the county
OF Hcnrico and after the annexation RI
Two. 10 the city OF Richmond Three
or tour years ago Barnes was drowned
while attempting TO get from this
island TO shore y heroic, but unsu,-
cessful effort to effect his rescue wa
made by his companion. Robert Bauc..
In 1905 the city of Richmond maize
'ne surveys Tor erection OF the NUM-
clpal electric plant and shortly there.
after began building the dam in con
hection with that undertaking. one end
oil inns dam resting on the island IN
question. Nellie Barnes. infant daurn-
Ter OIL Edward Barnes. through Char l.s
Il. Jones. and Charles Il. Jones I'm his
own right. brought ejectment proce..I-
inSs In the Law and Equity Court
through Attorneys Iiunsdon Cary and
aoher G. Soode. to compel the city
10 racate, claiming that constituent IN
work and the diversion of tho CHI, =
mel had damaged the property to tn,
extent OF $4,000.
Ripnrinn Rights Valuable.
Realizing that the riparian rigb,s
far exceeded the land value OF Tho
island Itself. City Attorney PolIa,j
contested the proceedings, but judg
meiit was rendered by the Law and
Equity Court on May ), 1909. In favor
of Barnes and Jones. the jury, through
y. w. CARRIER. foreman reporting :hst
II believed Barnes and Jones had an
estate in fee simple in the island A.-
peal was made TO the Supreme Court
and writ of error and supersedeas
granted on March 10. 1910 On HE
ground that Judge Ingram had i'm
properly Instructed the jury the judt,.
mcnt of the trial court was revers u
and annulled, and the case remanded
to the Law and Equity Court for fur
Their proceedings.
Judge Beverly T. Crump, the nc "
iy appointed judge of the Law and
Equity Court opened court yesterday
morning for the first time. and signed
several court orders. Previous TO his
appointment. however. Judge Chiches-
ter had been designated to sit to-day
The order of appointment of Judge
Crump was spread ON the record IF
the court.