The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-29
MAYOR is REMOVED
FROM HIS OFFICE

received little comfort from the Su-
preme Court of Appeals of Virginia
when that tribunal yesterday affirm
ed the judgment Of the Corporation
Court OF Roanoke In removing Mayor
Cutchin from Office for maifeasan nee
OF Office. and refused to grant writ
Of error so that tho case might be
tried over again. The case OF the
city against the Mayor was heard
months age. and while 1t was in pro-
gress held the undivided interest OF
the whole State.
1t was charged by certain people in
Roanoke that Mayor Cutchin sane
toned the continuance Of disorderly
houses in certain streets OF Roanoke
thereby violating his oath oil Office and
making himself guilty Of maifea sance
OF Office. These charges. according tn
the charter OF Roanoke, may be
brought before the corporation court
Of the city. and II sustained the court
may. in its Judgment. remove the
mayor from Office.
Mayor Removed, Appeals.
The charges were brought before
the corporation court. and Judge Mui-
lin. cf Petersburg. was assigned to 81.
in the case. The evidence was heard.
and the mayor was found guilty and
removed from office.
Mayor Cutchjn appealed. and de-
clare d that certain actions of the court
In regard to witnesses which tie
claimed were preiudiced against him.
ard technical points which he said
wrought a hardship upon him. entitled
him to a new trial. and he brought
hts case before the court of appeals
Pending the decision OF the appeal.
Mayor Cutchin retained his office.
In ha rntfrd
down yesterday afternoon decided that
the recapitulation of the charges,
which was done by Judge Muliin. did
rot infiict hardship upon the mayor
an the recapitulation brought the
charges into concrete form and re-
duced the points oA which the mayor
could be attacked. The court neld
that with the recapitulation the mayor
had to answer no more charges than
he had at first. and that he was nided
by the fact that the recapitulat'on
bound the prosecution to attack MIN
within a certain radius.
Says Trial Was Fair.
In regard to the prejudiced witnesses
the court held that in the case cited,
that OF woman who was convicted
OF conducting a disorderly house, and
whose defense was that she had gotten
permission from the mayor to do 30.
it had been proven that the woman
had made the same statement which
she made IN her testimony. some tirlc
before she was convicted, and there
fore she had told the same story be-
fore she wars prejudtced as after
wards.
In conclusion the court stated that
the record showed that Mayor
Cutchin had received fair and I'M
ma rttal trial receiving every benefit to
which he was entitled and suffering
M hardship. 1t therefore refused TO
grant a writ OF error. and affrmed
the decision 9. the iowsr court
The following is the record Of the
opinions;
BY the Court:
In re Joel II. Cutchiu. Mayer. ctc,
Corporation Court of city or Roanoke.
United States Leather Company VS..
showaiter. Circuit Court OF Alb
ghary county. Affirmed.
By Judge John A. Buchanan:
Armytead w. Commonwealth. Cir
cult Court Of Orange county. ise-
yersed.
Taxewell Coal and Iron Company
vs. (ftIl48OIGs SIECutl AVuit ~ tk'sS~
well county. Rehearing granted.
Lambert's Point Company VI. Nor
folk and Western Railway Company.
Circuit Court Of city Of Norfolk. Re-
hearing refused.
White W. Hall ct ais. Circuit Court
Of Buckingham county. Reheartng
refused.
Atlantic Coast Line Railroad Com
pany W. 0Tubbs. Huatings Court.
Part II. Of city Of Richmond. Re-
hearing refused.
Miller q Co. VI. Lyons. Circuit
Court Of city Of Richmond. Rohear-
ing refused.
Washington Southern Railway
Company w. Groves Administrators.
Circuit Court Of AlexandTia county.
nehearing refused.
Western Union telegraph Company
". White. Corporation Court .of city
OF Fredericksburg. Rehearing re-
fused.
Petitions for Appeals, -.
Draper VI. Commonwealth. Cor.
poEation Court Of city 81 Roanoke.
Writ q error and supersedsAs No
bond. s
Boyenton " CommonNealth. Cur
cult Court ~ FAuqplex cpun9y. pritj
~ AFrag and esaIesD b014