Peninsula Enterprise, July 13, 1889

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Transportation -- Water - Channel and harbor dredging

Upon the recommendations in the last report of United States Agent W. E. Smith, of the United States engineer's office in Wilmington, the chief engineer of the Engineering Department of the United States Army, has ordered survey to be made with a view to improvements in their navigation; of Chincoteague inlet, Md., for the purpose of a breakwater, and of Onancock harbor, Va.

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Moral -- FirearmsInfrastructure -- Public : Churches

Geo. Belote, colored, was sent to our county jail last Tuesday by Justice S. R. Nelson, for 'disturbing public worship by shooting pistol during service.' His term of confinement is three months.

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Professionals -- LawyersAfrican-Americans -- Work - Business And professional

Fred Burrows, colored, was an applicant for license to practice law in Northampton county court at Eastville on last Monday, but the request of the "colored limb of the law" was refused by Judge Neale, because he had failed to provide himself with certificate of his proficiency from two Judges of the circuit court.

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Infrastructure -- Commercial - Newspapers

Sidney Kennard, a compositor who enlisted as a member of the "art preservative" in the ENTERPRISE office and did honorable and faithful service for several months as its "devil" is on a visit to friends on Eastern Shore. He is now the foreman of a leading job office in the city of Baltimore at $12 per week.

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Tourists and sportsmen -- Other recreation - Excursions

Excursion trains will be run from Cape Charles and Crisfield to Ocean City, Md., on Wednesday, July 17th, under the auspices of members and friends of M. E. Church of Parksley and Hallwood. Ample accommodations will be provided for all who may wish to visit the delightful seaside resort on that day and at the extremely low price of one dollar for round trip from all points.

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Architecture -- Other public buildings

Accomac C. H.

The old clerks office and furniture of same was sold at public auction last Wednesday. The walls stripped of doors, sash, roof &c., were bid off to Mr. Alfred J. Lilliston at one cent; the roof sold for two dollars; trimmings of house and furniture brought $40.79 -- total, $42.80,

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Fields -- Livestock - Diseases and pestsfields -- Crops - White potatoes : YieldFields -- Crops - CornInfrastructure -- Utilities - Water

Atlantic.

A fly, called by some persons the buffalo fly, has made its appearance on seaside and is killing the cattle. Reports received are to the effect that sixty or more stung by them have died in upper part of county. They attack the cattle around the horns and bore into the head with fatal results. Tar applied around horns has in many instances, proven an effective remedy for the evil.

The average yield of Irish potatoes to barrel planted in this vicinity this year was about fifteen barrels.

About one-fourth of our corn crop was destroyed by recent wet weather. The springs were never higher at this season. Many of our wells are filled to the surface.

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Transportation -- Railroad - Personnel

Belle Haven.

Mr. Geo. W. Abdell, recently in employ of N.Y., P. & N. R.R., has returned to our town and resumed business at his old stand.

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Sea -- Finfish - MarketsSea -- Shellfish - Oystering : SeasideSea -- Shellfish - Oystering : PricesTransportation -- Railroad - FreightInfrastructure -- Commercial - Hotels

Chincoteague.

Fish never were so abundant in our waters as at present and they are so plentiful that it is almost impossible to sell them at any price.

The books of agent of P.W.B. R.R. at this place show that the shipments of oysters from Chincoteague from October 1st, 1888, to May 30th, 1889, amounted to 17,284 barrels and netted $2 per barrel -- in the aggregate, $34,568. The quantity shipped to market was about one-third what it was the same season last year.

Mr. George Hammond, proprietor of Island Hotel vacated same this week and moved his family into a private residence. He will go into business in Philadelphia.

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Infrastructure -- Public : Camp meetingsInfrastructure -- Commercial - BrickyardsTransportation -- Railroad - Stations and sidingsForests -- Barrel factories Infrastructure -- Commercial - Real estateProfessionals -- BuildersInfrastructure -- Public : ChurchesInfrastructure -- Commercial - Residential constructionTourists and sportsmen -- Other recreation - Excursions

Parksley.

Active preparations are making for the camp-meeting on the 27th. A large tabernacle will be built and many tents will be built for entertaining visitors. Good boarding tents are secured. An abundance of pure water will be supplied from drive wells.

John W. Carson, a veteran brick maker from Baltimore, is burning a large kiln of bricks for the Parksley Brick & Tile Co.

Supt. Dunne has had a barrel storage warehouse built and the platforms extended.

The barrel factory is running full force on barrels for the potato crop.

Mrs. Mary S. Kent has bought two lots on Adelaide street, and will build at once.

Stanley J. and Maurice L. Lewis have bought three lots on Bennett street for dwellings.

Mr. Thomas Fountain has contracted to build an M. E. Church at Morris Chapel 32x55.

Mrs. Maggie Dix has bought two lots of Miss Chadbourne, and will build a handsome dwelling.

J. R. Lewis & Bros. have just finished two dwellings on Pennsy for Dr. Wells, and one on Savin Hill for Miss Chadbourne.

Messrs. Wessels & Co., have finished houses for Mrs. Dix, Mrs. Adams, and Mr. Frank Barnes, and have begun work on Mrs. Evelyn Barnes' house.

A. F. Barnes & Co., have storehouses for Pate & Mason, Dr. Ewell and E. T. Parkes & Co., nearly finished.

Wm. H. Colonna has bought a lot on Lakewood.

Wm. S. Paterson of Salisbury, will build a house on Pennsy.

Mankoe Bros., of Baltimore, have opened a clothing store here.

The excursion on next Wednesday 17th inst., to Ocean City promises to be a very enjoyable affair.

Election of Officers.

Tourists and sportsmen -- Other recreation - Fraternal orders

At the last regular meeting of the Pungoteague Conclave No. 31, Improved Order Heptasophs, the following officers were elected for the ensuing term: Thomas G. Pitts, Archon; Wm. T. Mason, Secretary; L. H. Ames, Treasurer; S. W. Ames, Financier; Wm. H. Boggs, Prelate; Jas. K. Nock, Warden; W. L. Hutchinson, Inspector; Jas. C. Doughty, Provost; John T. Bonnewell, Sentinel. They will be installed by the Dist. Deputy Supreme Archon on Wednesday, July 17th, in open conclave. Every member is requested to be present and the public cordially invited. This Order was instituted at Pungoteague just a few years ago with 21 members, and has a membership of over 70 now. It has paid five endowment claims, having paid off the last one a few days ago to estate of Wm. C. Mapp, fifteen days after the official report was forwarded.

MEMBER.

Temperance Mass-Meeting.

Moral -- Alcohol

The Good Templars of the Eastern Shore of Va., District No. 19, will hold a temperance mass meeting, beginning August 7th to continue three days, at Turlington's camp ground. Speakers from a distance are expected. The musical department will be under the supervision of J. S. Tyler, D. L. A temperance experience meeting will be one of the leading features. All Good Templars are expected to be present, and the public generally is cordially invited. -- Good board and lodging will be furnished on the ground. Come all and pray that God's blessings will rest on our efforts to promote His interest in banishing intemperance from all our homes throughout the land.

By order of Executive Committee,

W. J. RUE, D.S,

Belle Haven, Va.

Market Report.

fields -- Crops - White potatoes : Prices

Made by G. S. Palmer, wholesale commission merchant in fruits and produce, 166 Reade St., N. Y.

The receipts of potatoes continue liberal from Virginia and also from Long Island and New Jersey, but present prices are fully sustained and best marks selling at $2.25 per bbl. Va. -- others $1.50 to $2.25; onions $2 to $2.50 a bbl.; egg plant $7 to $8 a bbl. and demand good; cucumbers 40c to 50c a crate; tomatoes, acme, $1 a crate, others 60c.

N. Y., July 10, '89.

The Taylor Case.

Moral -- Murder

The following letter from A. S. Segar, Esq., published in Richmond Dispatch of recent date, sets forth the reasons for the action of Judge Gunter in the Taylor case, and in deference to the wishes of many of our readers the same is republished through our columns.

HAMPTON, VA., June 26th, 1889.

To the Editor of the Dispatch:

In our issue of Friday last (the 28th) occurs this editorial paragraph: 'Judge Gunter's decision in the Taylor case has attracted much attention. Was it a correct one?' In response to your query I beg to refer you to Thornton's case, 24th Gratt., 659. Susan Thornton was indicted for and convicted of the murder of her husband by poison. The case went to the Court of Appeals, and one of the grounds of exception was that "the clerk failed to charge the jury as to the different grades of homicide." In Taylor's case the main ground of exception was that the court did charge the jury as to the different grades of homicide and instructed them that they might find the prisoner guilty of murder in the first or second degree or of voluntary or involuntary manslaughter. Under this charge the jury found the prisoner guilty of murder in the second degree, and Judge Gunter has set aside the verdict because it is an illegal verdict.

In Thornton's case cited supra. Judge Moncure, delivering the unanimous opinion of the court, said: 'The charge was murder in the first degree by poison. The prisoner was either guilty of that offence or guilty of no offence at all. The law expressly declared murder by poison to be murder of the first degree. And if the prisoner was guilty of the murder as charged in the indictment she must of necessity have been guilty of murder in the first degree. She could, by possibility, have been guilty of nothing else. And it could not, therefore, have been erroneous to charge the jury to that effect. To have charged them as to what constituted murder in the second degree, or voluntary or involuntary manslaughter, or as to the measure of the punishment of each could have answered no good purpose, and could have had no other effect, if any than to confuse the jury or mislead them into error.' In the light of this decision by this eminent Virginia jurist, whose name is a treasured household word in every Virginia home, there can be no doubt that the verdict in Taylor's case was erroneous, illogical, and illegal. Judge Gunter was compelled to set it aside. Knowing him as I do I can say with confidence he would never have disturbed it unless he had been compelled by conscience and the law of the land so to do. Having reached this conclusion, what could he do other than discharge her from custody? Judge Moncure says 'she was either guilty of murder in the first degree or guilty of no offence at all.' She had been tried for murder in the first degree, and the jury by their verdict had found her guilty of murder in the second degree. Now comes section 4040 of our Code which provides that 'if the verdict be set aside and a new trial granted the accused, he shall not be tried for any higher offence than that of which he was convicted on the last trial.' She was convicted of murder in the second degree. This conviction we have seen, was illegal. We have Judge Moncure saying that she is guilty of no offence except murder in the first degree, and we have the Code declaring that she cannot be again tried for that offense. The only legal and logical solution was to discharge her from further prosecution.

Another trial would have inevitably have led to the same final result. I submit with great deference that section 4040 of our Code should be repealed, and in lieu of it the doctrine as laid down in Briggs's case (8th Virginia, 554) should be embodied into our statute law. The accused should be held to have waived whatever right he had under the law not to be tried again by obtaining a reversal of the first judgment. If the first trial was a mistrial then there could have been no real jeopardy.

Very Respectfully,

ARTHUR S. SEGAR.