The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-10
CONSTABLE GETS
TWELVE MONTHS
lury Finds Thomas \. Davis
Guilty OF Assault on Motor
man Throckmorton.
MOTION FOR NEW TRIAL
Accused Officer on Stand in Own
Defense Tells Story OF
Fair Oaks Row.

Constable Thomas 4 Davis OF Hem
rico County, was yesterday sentenced
IN HenricO Circuit Court 10 serve
twelve months IA jail for assaulting
Motorman /. y. ThrOckmort Of the
Richmond and RappanannOck River
Hallway Company. IA u row between
county officers and car men. which oc-
CURED At Fair Oaks on the night Of
Saturday. December H.
Attorncjs James T.. Lewis and James
*. Russell representing tho constable
Immediately moved that the verdict be
set aside as contrary 10 law and eyi-
drnce and that a new trial BE- granted
the defendant. Judge scott continued
argument on the motion until January
IS
In the meantime Davis appeared be-
fore Clerk Of tn" Court Samuel T..
Waddill and was admitted to bail in
the sum OF $500. Special Policcma n
". {. Vincent steDfather II the con-
denlned man. stood security Tor his
appearance on the date set.
Davis took the stand in his own de
Tense at the close Of tine trial yester-
day and told a story that made il APP
pear he had only struck the motor
man after the latter had made the ia
IN rus hip pocket movement DAVIS
said ThrockmOgton's overcost was IN
buttoned and that his pistol could have
been easily drawn. Other witnesses
stated that the motorman's rNercoat
was closely butt)ned and that ne wore
his mitts.
Origin of Trouble.
The row ia which the blow was gwen
resulted from Conductor COucn's inter-
ference to stop = friendly brawl be-
tween Davis and a negro named Ed
Morris IN the rear platform Of an out
going Seven Pines car. Davis replied
il was said. in abusive language. and
the conductor called him liar
Davis told Couch that he would not
repeat the epithet on the ground The
car was then almost a. Fair Oaks. and
when the railroad cross ne WAS reached
Davis ut of. presumub bly, to 20 10 his
home nearby. Couch also got down TO
flag the railroad crossing. and the two
grappled Davis said Couch caught
him from behind and that his own part
In the scrap was a passive ono. p
liceman Vincent placed the two under
arrest.
Throckmorton came back 70 Sc what
was up and told Vincent he could not
take Couch OF ,h~ crr until fhe run
was completed Vincent replied that
II Throckmorton intcrfcred his own
arrest would follow and Oh further re-
nonS,rsuce took the rnotorman into
custody.
Vincent. turning Davis and Couch
over 70 Policeman Andrew Wvsf. VINO
accompanied the party. took charge
OF the motorman- All Of inc VII
uesses testified that Throckmoi on WAS
a dociIe pris )ner. but Vincent - said
10 have called FIR h.ip. Hearing the
cry. Davis it WAS said. ESCAPED from
Vests none too careful guard and ran
Ut 70 Vincent and his prisoner.
Davis said he struck Throci.morton
over the head twice with the trigger
Guard Of his pistol The reason fo-
his act he gave as the motornan's mo-
ton toward his hip pocket The sec
oud blow crushed Throckmorton's
skull.
West Afraid OF Davis.
II explauat % the fa't that
pavis's pistol was not taken from MN
after his arrest. Policeman West adj
rnitted. under cross-eNa Tnination by
Harry II Smith. Jr.. appearing with
commonwealth Attorney sutton. tnat
he was a little afraid 10 disarm the
officer. No attempt was made either
hy Vincent Or West. it was said. 10
take charge Of the gun
The officers again admitted that they
had had few drinks. DAVIS giving
himself credit for three and west ana
Vincent for two each. They denied
any preconceived ARA nsemeLt TO carry
out tho AFFAIR as executed.
or.red the argument for