The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-01-10
COUNTY OFFICER
IS GIVEN A YEAR
CONSTABLE DAVIS CONVICTED OF
CHARGE OF AssAULTTsG
THRoCKMoRToN.
TO ARGUE NEW TRIAL
SENTENCE IS SUSPENDED AND
OFFICIAL Is LIBERATED ON
BOND WITH AN OFFICER
AS SECURITY.

AlLSE GpiloeTatAHk less IMAM one
half hour. the jury in Henrico Cir
cult court last night at Z o'clock re-
turned a verdict finding Thomas A.
Davis. a member of the Henrico con-
stabulary. guilty of making a felonious
assault on /. N. Throckmorton. mo-
torman on the Richmond and Kappa
hammock Railway company, and sem
fenced him to term of twelve months
in the county jail.
Following the decision OF the jury
Attorney James T. Lewis. counsel for
Constable Davis, moved that the YER
dict be set aside as contrary to the
law and the evidence in the case.
Judge r.. Carter Scott suspended SEN
tence and sci Saturday. January 18th,
as the day for the arguments. Da-
Wis was oaifed In the sum OF $1,see
for his appearance In Henrico court
on that date. T. A. Vincent going his
security.
When arraigned yesterday morning
at 10 o'clock ne pleaded not guilty.
w. II. Couch, conductor for the Rich
mond and Rappahannock Railway
company. with whom the row start.
ed, was the first witness to be placed
on the stand by the prosecution. He
testified that on the night of Deem
Der I4th he was followed from the
car to the ground by Davis when he
alighted to flag the railroad crossing
at Fair Oaks. The two had had a
few words on the car. and when both
got to the ground they clinched.
Skull Is Fractured.
Seeing the fight from the car. spe-
cial Policeman Vincent placed both
OF the combatauts under arrest
III NJ L~
morton walked up to the officer and
demanded that the conductor be turn
ed loose until the run was completed.
He. too. was placed under arrest,
charged with interfering with an offi-
Ger in discharge of his duty. Seeing
the m storman In the clutches OF the
officer, Davis, according to Couch.
broke away from the officer who had
placed him under arrest and ad-
vanced upon the third prisoner. he
declared that Davis ran up 10 him
and hit him on the head with the
butt end of his pistol. The injured
motorman fell heavily to the ground.
with his skull fractured just above
the temple.
He was taken to Grace hospital
where he fingered between lie ana
death for several days and his condi-
ton Is still regarded by physicians as
feeble. nr Raymond d. Carcin took
the stand to testify as to the condi-
ton of the victim at the time he was
put under his care at the hospital
He said that the blow might have
proved fatal.
Motorman Throckmorton then took
the stand and recited practically the
same -,evidence as that of Conductor
/. f,<ssseh. v :. Other witnesses were, PLACED
ffifS ~ TFn
n1ents OF the two employees OF the
I Richmond and Rappahannock rail-
, way company.
The Defense.
The defense endeavored TO prove
that after Throckmorton had been
placed under arrest he resisted the
officer for which Policeman Vincent
took occasion to call for help. Re-
spending to the call OF the fellow
officer Davis got away from Police
man West, under whose charge he had
been placed. and ran to his assistance
with his pistol drawn. Witness for
i the defense declared that the blow
/ was struck when Throckmorton en-
deavored to run his hand in his hip
pocket to get his revolver. However.
i other witnesses teastified thatthe long
coat worn by the motorman was but
| toned tight and also pair Of mittens.
| Although having heard all Of the
| evidence for and against him when
/ he took the stand In his own behalf
! late yesterday afternoon. Davis
+, statements CT the affair confiicted
! with those OF his own witnesses. He
/ declared that had the motorman
| drawn his gun he, Davis, would have
| killed HIM on the SPOT.
! The case against the constable at
! iracted more attention than any other
/ case heard in the court for seve al
( terms. Frcm the time the case was
! opened yerterday morning until II
/ c, osed at o'clock tho courtroom waa
/ taxed to Its capacity.