The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-13
OPENING SESSION
/ OF HIGHEST COURT
Supreme Tribunal Acts on Many
Appeals and Begins Hear
ing OF Docket.
TAX CASES ARE DISCUSSED
Memorial to Judge Witt Offered
and Placed on Records
Of Court.
TAX CASES ARE DISCUSSED

Much business was transacted by
the Supreme Court of Appeals of var
ginia. which began Its session OF 1917
1913 In, this city yesterday. All the
judges were present--Jamcs Keith. X.
II. CardweIl. John =. Buchanan.
George NJ. Harrison and Stafford q.
Whittie.
wyndham r. asrsdith presented =
memorial of the late Judge Sanaes
B. Whit, which wns received and o.
dered to be spread upon the recoiS;
Of the court.
A shower Of motions fo'lowec. in
which the court was asked to remove
cases to Richmond from Wytheville or
stanton. to put cases on the privileged
docket and 20 dismiss. AL were TAX
en- under advisement
Calling Of Docket.
Then began the calling OF the Com
Hnonwealth docket. BY agreement of
counsel. the case OF Boyenton VS.. the
Commonwealth. an embexzlement case.
was submitted on briefs without az
gument.
wealth and the c. unity OF Elizabeth
City vs.. Schmelz. surviving partner.
By this litigation the State anc coun-
~ seek to tax the capital formerly
employed BY George A. and Henry
Lane Schmelz. residents OF Elizabeth
City. In a private banking business at
Newport News. II il contended tnat
years. when a tax should have been
paid on the capital
This case was argued by Assistant
|Attorney-General Richard b. Davis, for
the Commonwealth: by T.. e. .dontague
and s. Goiden Cumming for the coun-
ty OF Elizabeth City, and by J.W Read
and John Garland Pollard fo- the de-
1 ~ A.
court.
Next on the docket came another
tax case. that OF the Commonwealth vs..
Wexford ct ais. which was partly arr
gued by Acknowledgement Samuel W.
Williams for the Commonwealth. ana
by Allen caperton Braxton for the
defendant in error, and continued to
to-day.
Appeals Are Refused.
The court refused a writ of error
in the case Of Lewis Robinson vs.. the
Commonwealth from the Corporation
Court Of the city OF Danviile. Robin
son was convicted OF selling liquor
without license and given sixty Gays
In Jail and a fine of 500. He must
now serve his sentence.
1t seems a stranger In Danville had
supplied himself with liquor on Sat-
urday. and broke his bottle after the
saloons had closed. friend thereupoa
conducted him TO the man convicted,
who sold The liquor.
An appeal was also refused TO Re-
becca Austin. who was given three
years in the penitentia-y from Suffolk
for destroying the life Of an unborn
child.
An appeal was refused by the court
in the case Of NJ Radford VS.. r. l. Gus
ter ct ais. from the Circuit Court Of
ENv-na LII It'd
cured against Custer by Radford in
Floyd County, and a piece of land WAS
sought to be held for the judgment c.
T. Robertson claimed 10 be the real
owner of the land in question The
petition claimed that compact had
been made between Custer and Robert
son to deprive the creditor OF his rights.
Other Business.
The court allowed an appeal in the
case Of John DieboId & Sons Stone
Company VS.. Lizzie II. Patterson. exc
cutrix of l. NJ. Patterson. from the
Circuit Court Of the city OF Norfolk.
The Dieboid firm was a subcontractor
in the erection of Christ Episcopal
Church. for which Patterson held tina
contract The subcontractor nled
mechanics lien against money due by
the church to the contractor. and
commissioner made an accounting. seal
ing the claim Of Diebold from $1.04l.s3
to s5.ss9.23. From the decision confirm
ing a report to this effect an appeal IS
taken
An appeal was also refused in the
Ford Hotel case. referred to elsewhere
The next cases to be heard by the ST.
preme tribunal are as follows: Tisdals
vs.. the Commonwealth, Wright w. the
Commonwealth, Polglaise VS.. the Conn
mon wealth. Commonwealth at the rela-
ton Of the C1ayville Manufacturing
Company ct ais. vs. Southern Railway
Company; Lloyd ct ais. vs.. city OF Rich
mond ct ais: Norfolk and western
Railway Company and Louisville ana
Nashville Railroad Company vs.. inter-
.,.,. paiiroad COMPANY: Norfolk and