The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-11-23
.TOO1HMAN IS GIVEN
|. REVERSAL By COURT
HAD BEEN CONVICTED or SEND
ING OBSCENE MATTER THROUGH
THE MAILS.
WOMAN is WITNESS
TEsTIrIEs Against HIS CHAR
ACrER WHEN QUESTION OF
FACT RESTS ENTIRELY
BErwEEN THEM.
WOMAN is WITNESS
rEsrrruEs Against HIS CHAR

On the ground that a witness could
not testify as to improper relations
between a prisoner and another man
wife for the purpose OF prejudicing his
credibiIity with the jury. when there
In a question OF fact at issue between
the prisoner and the witness. the
Federal Circuit Court OF Appeals yes
teriay reversed the decision Of the
District court at Parkersburg. w. Va,
in the case Of the United States VS..
M. r. Toothman, charged with send
ing obscene matter through the mails.
and ordered q new trial.
Toothman WAS convicted In the
District court at Parkersburg of send
ing obscene matter through the mails
to Mrs. Ode Mercer, Of Grafton, and
sentenced to four years In the federal
prison at Fort Leavenworth. He APP
pealed on several grounds, but only
one assignment was allowed, that
being In reference to the testimony
Of Mrs. Mercer as to the accused
mans relations with the wife OF an
other.
Question Of veracity.
The testimony was that he had at
tempted 70 eend tho wife away with
the avowed purpose Of breaking MP
the homo Of his neighbor. As the
question Of Toothman's guilt or In
nocence hung largely on the fact az
to whether the Jury would accept his
testimony or Mrs. MERGERS, the court
held that this testimony should not
have been admitted as 1t tended TO
prejudice the prisoners case with the
jury.
Circuit Judges Goff and Pritchard
and District Judges Waddill. Nc
Doweil and Rose were in attendance
yesterday when court convened at
1880 O'Clock.
Proceedings OF lay.
The following cases were argued
No. Ills. George b. Wilson, Jr..
executor of George Il. Wilson. de-
ceased. plaintiff in error. We. John
V. LeMoyne. defendant in error. In
error to the District court at Balt;-
more. Md. Cause argued by Samuel
V. Hayden. OF Washington. ID. c.. for
the plaintiff in error. and by w.
Irvine Cross, Of Baltimore, Md. for
the defendant In error. and SUBJ
mitted.
No. li21. Baltimore and Ohio rail-
road company, plaintiff in error. va
George n. Darr. defendant In error.
In error to the District court at Cum
beriand. Md. Cause argued by George
a. fG2TFe, Oh 1uEHpcIAdu4s Ad0.s Ava
the plaintiff in error. and by Walter
C. Capper. Of Cumberland. Md, for
the defendant In error. and sub
mitted.
Court announced and handed down
its opinion in the following cases:
No. 100. NJ, E. Toothman, plain
tiff In error. We. United States OF
America. defendant in error. In error
to the District court at Parkersburx'
w. Va. Opinion by Judge Pritchari
Reversed and remanded for new
trial.
No. 1905. Emma Jane Kirkpatrick,
appellant. VS.. Harriet Elizabeth Nc
Bride, appellee; appeal from the Dis
trict court at Wheeling. w. Va
Opinion by Judge Pritchard. Affirmed,
with costs.
Court adjourned until this morn
ing at 1890 o'clock. There will be nc
cases In the call for argument today
or Monday. but the court viii hold
conference sessions on both days upon
cases argued and heretofore sub
matted.