The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-08

tional Bank OF Newberry. 8. c.. and
was indicted on 162 charges of mis-
application of funds. He wes convicted
py jury on FIVE counts and acquitted
on tho remaining 157. He was Ben-
fenced TO serve Ave years in thu Fed
eral penltentiary
Counsel for the defendant immo-
diately appealed on tho grounds of oil
iesod error. but In the opinion handed
nown yesterday by Judge Golf 1t was
held that the court below had not
erred. and tho sentence was affirmed.
carlisle VIII now have to serve one
year In prison for each OF the charges
on which he was convicted
Fine LAW Point Decided.
neat law point was decided in an
opinion by Judge Prltchard affirming
the decision OF the court below In the
case OF the Wylie Permanent Camping
Company. plaintiff in error, against
Mrs. Gail v. Lynch defendant in error:
TO the Circuit Court at Charleston, w.
w. Va
The plaintiff in error is a corpora ton
chartered under the laws Of West yir.
ginia. but doing business in the Vol
lowstone National Park, Wyoming. Its
principal business is tho operation OF
stage coaches for the use of tourists,
me defendant In error is n resident of
Ohio. While on her honeymoon with
her husband she was a passenger in
one OF tho coaches of the plaintiff in
error which met with an accident, and
she was seriously injured.
She later Instituted suit for Sic. 900
damages In the Federal court at
charleston. and was awarded n verdict
Tor the entire sum for which she sued.
The defendant in the court below ap-
peaieu on the ground that the West
Virginia court did not have jurisdic-
ton. Judge Pritchnrd ruled that the
trial was legal.
Norfolk Court Reversed.
In second opinion by Judge Prttch.
ard, the District Court at Norfolk was
reversed In the case of the Colonial
Trust Company, OF Waterbury, Conn.
executor OF Frank j. LudinEton, an
pellant. against II. Il. Thorp. receiver
OF the Ware-Krnmer Tobacco Com
pany. bankrupt, appellee.
1t appears that IN 1908 the tobacco
company leased from Ludington u
cigarette machine. with an optlon on
the part of the lessee to buy 1t. After
the bankruptcy of the company the
executor filed petition in the trial
court asserting retention Of and own
ership Of the machine. on which the
company had made partial payment
OF 5000. with contract that IL was
TO remain tho property OF Ludington
until fully paid for The machine was
subsequently, sold with other property
OF the bankrupt, and the claim of tho
executor of Ludinston was changed to
$4,000. A referee in bankruptcy ruled
against the petitioner, and the court
below affirmed him. The case Is re-
Versed and remanded for new trial
OthSr Opinions.
me case of the Atlantic Coast Line
Railroad Company. plaintiff in error.
against w. Y. Conner. defendant in
error in error to the Circuit Court at
Columbia, s. c., In which the defendant
In error was awarded verdict of
$1,000 damages. was affirmed, With
costs. by Judge Pritchurd
The case of the Aetna Insurance
company, OF Hartford, Conn, against
the Bank of Brunson, defendant in
error; In error to the Circuit Court at
Charleston. S. c.. was reversed by
Judge Pritchard and remanded for n
new trial.
In an opinion by Judge Smith. tho
decision in the case of the Broad River
Lumber Company, appellant, against
katherine Hliddleby. widow, ct nj, ap-
palees, appeal from the Circuit Court
at Greensboro, N. Co. was modified.
Circuit Judges Golf and Pritchard and
District Judge Dayton were present
yesterday morning when the court
opened. The following case was mr.
gued:
No. 1051-L S. Strauss.r ct nl., plain
tins IN error, against Ella r. Bulkley.
eNecutriS of Henry d. Buckley. defend
ant IN error; in error to the Circuit
Court at Baltimore, Md. Cause was ar
gued BY Edward Hammond, Of Balti-
more, for the plaintiffs In error, and
by William S. Bryan. Jr.. of Baltimore,
for the defendant in error. and sub
mitted.
Argue Two Cnses To-Day.
Court adjourned until this morning
at 1880 o'clock. when the following
cases will be called for argnment
No. 1o5S-Atlantic Transport Com
nany. of West Virginia, appellant.
against Frank Imbrovek. appellee; APP
peal from tho District Court at Balti-
mora. To be argued by Bond. Robinson
& Duffy. of Baltimore for the appellant,
and by Semmes. Bowen * Semmes and
n. FL Price. Jr, OF Baltimore. for the
appellee.
No. 1059-Atlantic Transport Com
Dany, appellant, against the State of
Maryland. to use of Mary Szoz sex,
widow. ct al, appellees; appeal froik
the District Court ut Baltimore To
be argued by Bond, Robinson ~ Dufry,
for the appellant, and Semmes. Bowen
g. DrIo IL