The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-24
WRIT is GRANTED
IN MURDER CASE
John H, Jessie Secures Appeal
From Sentcnce-Two Pc
titions Refused.
SUPREME COURT ADJouRNs
Commission Visits Powhatan.
Move Started for Naval
Militia.
SUPREME COURT ADJouRNs

The Supreme Court Of Appeals of
Virginia ended Its March term ycster-
day and adjourned without handing
down any opinions. The court Will not
again sit until the June term. which
Viii begin May SO. a. wytheville- No
other session will DO held in Richmond
until next November
The court granted a writ of error
and Superscdeas in tho case OF John IL.
Jessie Us. the Commonwealth Of Nir-
gnia on an appeal from the Corpora
lion Court OF the city OF Roanoke.
Jessie was convicted in the trial court
of the murder OF David Franklin Mar
shall. and received a sentence OF twelve
Years In the peniten,iary.
III the petition for the writ 1T is set
forth that Jessie was the proprietor of
the Tip Top Hotel. Roanoke where the
murder was committed. The plea is
presented that the accused was not III
the hotel at the hour OF the murder.
Which took place In room occupied
that night by Marshall Angel. q Grip
pie. Angel Jessie and Marshall arc
admitted 10 have heen drinking to-
gether earlier in the evening. although
Jessie claims TO have parted from his
companions before they repaired from
the saloon to Marshalls room. Angel
is said to have been present at the
time Of the murder. out 10 have offered
no outcry or opposition against the as
Sc ilant.
Witnesses Testimony.
Before the trial Jury Angell tesu-
fled that while present at the killing,
he was unable o restrain jessie whom
he accused az the guilty party Before
the coroner's court. 1t is said. Angel
testified that he was ignorant of the
identity of the murderer. who kept his
face concealed While committing the
killing
1t is related how, on the night of the
murder, q stranger arrived at the Tip
TOP Hotel. This person is said 10 have
had the appearances OF a foreigner and
to have spoken with a decided accent.
On the morning following the murder.
y man named Tom Moran, CORE pond-
ms in detail with descriptions given OF
the "strang ger" was arrested in Roa-
noke for drunkenness. The man was
found to have bloodstans upon his
10 have carefully washed blood from
his shoes before entering the court
room. Marshall Is said TO have been
killed from the result OF heating and
kicking. Moran was released
It is said That the man Angel is OF
weak mentality and drinks 10 great
excess. This was admitted a the cor
on SIX errors assigned against the
lower court. Jessie has already begun
mis- twelve-year term.
Two Writs Refused.
Two wrlts OF error were denied in
the Supreme Court yesterday. The
frst was in the case of Gus Holland
against The commonwealth Holland
was convicted IN the Hastings Court
OF Richmond for the killing Of Law
rence Pitts, whom he stabbed to dea tn,
II was stated, in q most brutal man
ner The crime was committed Noveln-
her IS, 1910. and the accused arraigned
for trial January 8, 1911 The petition
for appeals IS based on the fact that the
trial jury iirsl rendered a verdict OF
guilty" without any specification as
10 The nature or degree OF the murder,
sentencing the accused for term OF
ten gears. The jury was thereupon
adjourned, did actually leave the jury
box and courtroom but was recalled
before getting ont of the hearing OF
the court, rcseated and Instructed to
amend its verdict by inserting The
words second degree murder"
The second petition for writ OF
error d;.vHsterday was in the case
nf the Colunnl;ia Granite and Dredgin 2
Company VS. Vincent Cocace. which
comes UP from the Law and Chancery
Court OF Norfolk city. II is an action
IN assumpsit In which Cocaoe was
awarded S72a.25 for a breach of con
tract