The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-21
COOK Will NOT DIE
IN ELECTRIC CHAIR
Supreme Court Says Verdict in
York County Case Is Not
Supported by Evidence.
LIQUOR CASES REVERSED
Punishment for Illicit Selling
Too Hcavy-Loose Rock
Is Part OF Land.

Finding that the evidence in the
case of Hezekiah Cook, of York Coun-
ty, does not support a verdict of MUIR
der in the first degree, with the pun
ishment of clectrocution, the Supreme
Court OF Appeals yesterday handed
down an opinion reversing the judg-
ment of the Circuit Court and order
ing a new trial This means that the
prisoner Will never dies in the electric
chair for this offensc.
Cook was convicted of the murder
of Thomas Bartlett, his half-biother
The only eye witnesses were the pris-
oncr and woman named Maude Page
and it is pointed out by the supreme
Cour. in an opinion by Judge Cardwell
that their accounts of the killing were
not only the same at the trial as were
related by them from the beginning,
but that they are borne out by the evil
dcncc OF others as TO correlating cir
cumstanccs. The theory OF the Com
monwcalth was that Cook killed Bart
lett because of jealousy, but the
opinion says that this is not confirmed
by evidence. The defense says ii was
a blow struck only with the intention
OF disabling Bartlett. as he was maxi
ing an attack OH the woman, who
WAS calling for help. and that Cook
did not even know who his victim
was.
Punishment TOO Heavy.
In the desire OF the authorities OF
Greene County to break up Illicit
LIQUOR selling, they secured the impo-
stion of penalties heavier than were
allowed by the Law, according to
decision OF the Supreme Court yester
day, written by Judge Buchanan. Mar
Gus Shiflott was tried on two charges,
one OF selling liquor in violation OF
the provisions OF tho Byrd law as APP
plying TO no-license territory. and the
other Of selling liquor without Ii
censc. which would be applicable In all
circumstances In botn cases the court
imposed a Jail sentence of six months.
making a year in all penalty which
is expressly provided for the second
or subsequent offcnsc. whereas this
seems 10 have been the first prosecu-
ton.
The defendant tried to have the en-
tire verdict set aside on tho ground
that the date OF sale was not men
toned in the Indictment. but this is
overruled. and lie must pay the fines
required for first offcnse.
Loose Rock Is Part of Land.
In the case of Eggborn VS.. Smith.
from the Circuit Court of Culpepcr
County. the court holds. in an opinion
by Judge Cardwell. that where loose
dirt or rock is placed on land with
the owner consent, IL becomes part
OF the land and is not separate per
sonal property. When the Southern
Railway double tracked IT'S road, it
became necessary TO make a deep cut
near the town OF Culpepcr. The road
paid 6. Russell Smith sl.1o0 TO he al
lowed TO deposit the material on his
land near by. and 10 make n temporary
road through his property. Later the
land. with other lots owned by Smith.
was sold under deed OF trust. finally
passing into possession of Eggborn.
II seems that just before the forced
sale, smith decided the rock on the land
to his wife, and she sought to claim
the value OF tho deposit, estimated at
$1,000, from tho new owner. The
trial court gave her a verdict of 81
500.
In the decision 1t is held tina; the
sole question is whether or not rock
loses its chaacter when blasted from
the land where il was placed by nature
and placed elsewhere. The court says
1t becomes part OF the land whereon