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The times dispatch. [volume] (Richmond, Va.) 1903-1914, February 17, 1911, Image 7

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?William II. Sands Files Petition
in Matter of Norfolk
Property Sale.
[Waller W. Morton, Fritz Sitter
ding and Others Are the
Charging fraud and conspiracy, a
petition was died yesterday in tlie Law
and Equity Court by William H. Sands
against Fritz Stttcrdlng. Waller W.
Morton, Julia Morton Marye and
others, asking that a deed to certain
property In which Mr. Sands claims
a one-third interest, bo set aside as
void, Illegal und fraudulent, and that
tho parties be required to reconvey
tho property.
Tho litigation grows out of a specu?
lation in real estate in Norfolk county,
near (he city of Norfolk, purchased
Jointly som6 'years ago by William II.
Sands, a Richmond attorney, lt. C.
Morton, a retired tobacconist, who has \
since died, and Frlt? Sitterding, vice
president of the Virginia Railway and
Power Company.
?>ii?t Outside of Norfolk.
The tract was situated adjoining tho
corporate limits of the city of Norfolk,
and It was believed that with tho
growth of the city tt would greatly
enhanco Its value. It was paid for by.
tho three purchasers, and transferred
to Waller W. Morton, trustee, for their
Joint account, the health of It. C. Mor?
ton being then bad, and it being pro?
posed that the trustee should sell oft
Individual lots from tlmG to time, with
tho consent of any two of the three
purchasers sb to the terms of the sale,
The lots were offered for salo In 1907
Jn accordance with the agreement, but
the prices offered proved unsatisfac?
tory, and the sale was canceled, and in
view of conditions following the
Jamestown Exposition and realty
values in and around Norfolk, the lots
were not again offered for sale. The
tract has ever since been valued at
JT.fjOO, and a Norfolk real estate agency
has recently placed a valuation of $S,
100 on it. Mr. Sands says that since he
was a practicing attorney he prepared
tho deeds and acted as attorney for
tho three purchasers, and made several
trips to Norfolk in connection with tho
business, in all paying out In expenses
and taxes about $100. He goes on to i
recite that the late R. C. Morton was a
close personal friend, and that both as
his friend and legal adviser, he had
frequently accompanied him on busi?
ness trips, especially when Mr. Mor?
ton's health began to fall.
Sold During Hin Illncii.
Mr. Sands says that In March, 1910,
ho became seriously 111 and was for a
long time In a hospital In a critical
condition; that his recovery was not
assured until June, 1910, and that he
then went away to recuperate and did
not resume his business and profes?
sional engagements until October, 1910,
and during most of' that time on ac?
count of his health was kept In entire
ignorance of business matters. Such
business matters as required attention
were looked after by three brother.-?,
(Donway R. and Alexander Sands, at?
torneys, and T. K. Sands, at that time
cashier of the Bank of Richmond.
During this period. Mr. Sands suys,
neither ho nor his brothers had any
notice of an Intended sale of the prop?
erty in Norfolk county bought on joint
account, but after resuming his prac
111 coffee fathers 8g
dust and store^
sweepings. Paper
ba^s leak, strength,
freshness and aroma.
in Its air-tight can
is dust-free, strong,
fresh and of .per?
fect quality.
Jhe Reily-Taylcr Ca^is*
Has made a specialty of Oak, Pine,
Hickory and Slab Wood to burn
since 1897. His knowledge of
Wood and his unsurpassed facili?
ties enables him to prepare, keep
dry and please more housekeepers
than any man in Richmond or
1506 West Broad Street.
Department Plant. Biggest of the
kind In the South. Try us.
cleanses, preserves and beauti?
fies the teeth, prevents tooth
decay and imparts purity
and fragrance to the breath.
tice lie heard from an outsider that It
had been sold, and a letter to tho
, clerk of tho court of Norfolk county
brought a copy of a deed transferring
the properly from W. AV. Morton,
trustee, to Fritz Sltterdlng and Julia
j Morton Maryc, tho deed not showing
the price though stating that tho sale
was for cash.
Under the terms of the original deed
two of the three parties to the trust
were to agree on the price before any
i of the lots could be sold. Kineo R. C.
Morton had died and Mr. Sunds was
not consulted he now claims that the
sale was illegal.
Transferred to .Morton'? Sister.
Mr. Sands says lie Is informed that
the property was advertised only in
Norfolk papers, his brothers in Rich?
mond, haying, therefore, no notice of
I the sale, and that it was put up and
i sold by W. W. Morton, trustee, for
? 51.000 to Julia Morton Maryc, sister of
W. W. Morton, trustee, and Fritz Slt
terding. one of the three members of
the original agreement. The plaintiff
says he Is informed that Mrs. Ma rye
knew nothing of tho purchase and
transaction in her name and that he
believes that the transfer was "in
reality for \V. W. Morton, who as trus?
tee was disqualified from becoming
the purchaser, and was in pursuance
of a fraudulent and illegal conspiracy
between himself and Fritz Sltterdlng
to put up the property and sell it, and
to buy it In and thereby deprive your
complainant of his Interest therein."
Mr. .Sands charges that W. W. Mor?
ton violated his duties as trustee; that
tho sale was without authority, and at
less than tho renl value of tho prop?
erty, and that tho trusteo had it con?
veyed to his sister, "intending to hold
one-half -with said Fritz Sitterding."
Mr. Sands charges that the agents
for the property, YS". H. Trice & Com?
pany, of Norfolk, were not consulted !
or notified of the sale, and that those j
acquainted with the tract were In
ignorance of tho fact of the sale, and
therefore prevented from being bona j
fide bidders.
CUnruen Fraud nud Coniiplrncy. j
Mr. Sands charges a fraudulent plan !
and conspiracy on tho part of Morton
I and Sltterdlng. shftwlng a "lack of fair
1 dealing and good faith required be?
tween partners;" that the requirement
of all cash at the sale was evidently to
prevent other bidders from coining in
and buying the property; that Julia
Morton Maryc and her husband, Robert
W. Maryc, wero Ignorant of the pro?
posed . sale and purchase of properly
hold for her by her brother. "In pur?
suance of tho fraudulent and Illegal
conspiracy between himself nd Slt?
Mr. Sands charges In his petition
that in tho absence of any notice to
himself, or In his illness, to Iiis broth;
era who represented him. and in tho
absence of evidence of fair dealing
and good faith between partners, the
"alleged sale amounted to fraudulent
conduct on the part of said Frit Sit
tcrdlng and W. W. Morton, who is the
real owner of the interest conveyed to
Julia Morion Maryc," and he further
claims that this ''fraudulent action
renders tho said sale and said deeds
absolutely null and void," and the peti?
tioner asks the court to declare them
void, Illegal and fraudulent, and to re
convoy the property and order an ac?
The papers were filed by Willis B.
Smith, who appears for Mr. Sands.
Bill for Million Dollar State
Building Again Referred.
Other News.
[Special to The Times-Dispatch.]
Raleigh, N. C, February 16.?The
House devoted the day to grinding out
bills, mostly of the most local kind,
on final reading.
General Carr introduced a bill to
create a tax commission and Stato
board of equalization.
A bill by Taylor, of Brunswick, would
reduce the number of State oil inspec?
tors kept in the field by the Slato '
Board of Agriculture.
The House insisted on a rcreferenco j
of the Hornet bill for the ?1,000,000 j
State building to the Committee on
Appropriations, for the reason thut the !
joint committee meeting at which it!
was announced that it received unani-'
mous favorable report was very poor?
ly attended. ' ,
The Senate spent two hours debating |
Senator Boyden's bill appointing a
State building commission, and au- 1
thorlzlng a million-dollar bond Issue to '
erect a State administration building, .
end owing to opposition developing, the!
friends of the bill have decided to offer
a substitute to-morrow, calling for fi
$000,000 bond issue for this purpose.
Senator Baggett wanted tlie building
commission appointed by the Gover?
nor, President of the Senate and
Speaker of the House, Instead of by the
Governor alone, as provided In Uie
State farm life schools were s.on
sldcred by the Senate? to-day, and fur?
ther consideration will take place to?
morrow. Several speeches, all favor?
able, were made to-day.
Commutation Granted,
Charles P. Ply 1 er, of Union county,
will not pay the death penalty for
murder in the State's prison to-mor
row, commutation to life imprisonment
having been allowed by Governor
K itch in to-day. Plyler employed three
negroes to kill his brother-in-law. Car?
ter Parks, last June. The Governor's
statement of reasons for commutation
is to tho effect that Plyler and Pirks
wero enemies, threats had been made
by both, Plyler is blind in ono ci'c and
claims ho was afraid that in a difficulty
he would probably be. killed, owing to
his blindness, and after conviction lie
told 1 He whole story, implicating three
others, who are sentenced to terms for
second degree murdor. Clemency was
recommended by Jurors, judgo rjnd so?
licitor, arid the Judgo who tried his ac?
complices, as do many citizens. I
Still In Critical .Condition.
Alexandria, Vn., February 10.?The
condition of Rev. Father R. h, Carnc
continues very critical, and ho is re?
ported an gradually sinking.
Committee Rejects Measure to
Create Commission Under
State Law.
By a unanimous vote last night, the
Grounds and Buildings Committee rec?
ommended the rejection of tho ordi
oance^provlding for creation of a play?
ground commission. E. McK. Judklns
appeared in behalf of tho ordinance,
"clling of the action of tho last Legis?
lature in authorizing cities of a certain
size to oreato such boards to manage
public playgrounds. It was brought,
out, however, that the plan called foi
an office at tho City Hall, with a sala
ried secretary in attendance, and th?
committee decided that the cost of op?
eration would be too great on the small
Chairman Don Leavy, of the subcom?
mittee, presented an annual repor*
showing the work of the various play?
grounds for tho first complete year,
their operation in 1909 having been
for only a part of the summer. The
report shows organized playgrounds at
Elba. Central, Jefferson, Madison, Ran?
dolph and Springfield Public Schools,
each with a supervisor and boys' and
girls' monitor. The report shows:
Central?Enrolment, GOO; average at?
tendance, 114; no accidents.
Elba?Enrolment, 112; average at?
tendance, 103; no accidents. Improve?
ment of health and conduct of children
Jefferson?Enrolment, 950; dally at?
tendance. 100; no accidents. Great
improvement of health and Interest
shown by patrons.
Madison?Enrolment, 350; attendance,
100; one accident?a boy became dizzy
and fell from a, seesaw, breaking an
arm. The mother and physician exon?
erate any one from blame.
Randolph?Enrolment, 560; average
attendance; 111; special provision for
crippled and motherless children.
Springfield?Enrolment, 1,115; aver?
age attendance, 225; no accidents.
Besides the school playgrounds the
committee operates a playground on
city property In Fulton, with an aver?
age attendance of 250, and a playground
for colored children on Moore Street,
which reports a large attendance, with
grounds in excellent condition. A con?
tribution of $100 was made to the
Christ Church Playground, and the com?
mittee provided for two baseball fields
In the East End and two In the West
End. besides keeping in condition th?
athletic held at William Byrd Park
The committee recommends opening a
playground on the Seabrook Warehouse
lot tills spring, and also the purchase of
a lot on North Tenth Stret-t. Thanks
Is expressed to the Federation of Moth?
ers' Clubs for valuable aid.
Use of the City Auditorium was
granted the Volunteers of America for
Sunday afternoon. March 5, for an ad?
dress by General Balllngton Booth.
Major E. W. Bowles, of the Blues'
Battalion, applied for permission to
use the drill hall for athletic contests,
to put pool tables In tho gymnasium or
gallery, and to make other alterations.
The paper was referred to the Building
Committee. A subcommittee was ap?
pointed to look into the work at the
City Nursery and report on the methods
of raising and planting trees In the
city streets and parks.
Invest (gated Alleged Improper I.Ist Inj;
of Personal Property.
[Special to The Times-Dispatch.1
Suffolk, Va? February l fi.?The ques?
tion of how far a grand Jury may ex?
tend the tax probe into a citizen's
linanclal affairs arose to-day, when a
sealed verdict, rendered by the Nanse
mond county grand Jury, which was
investigating the alleged improper en?
listment of personal property. was
opened by Circuit Judge McLemore. !
The report mentioned the names of i
men who acknowledged they had money
In banks, but who refused to tell how [
much. The verdict told also about :
summoning bank cashiers, one of whom !
declined to reveal the relations of his 1
hank's patrons. The report said 154 ?
witnesses were examined, many of;
whom voluntarily increased their en- j
listments. I
Killed nt Lumber Camp.
[Special to The Times-Dispatch.1
Galax, Va,. February 16.?Wint
Vaught, son of Peyton V&ught, of Fall
ville, Grayson county, was accidentally
killed in a lumber camp at Huddle
stone, the early part' of this week. The
remains were interred at Forest Church,
near tho home of his father.
For Infants and Children.
The Kind You Have Always Bought
Boys' $5 to S7.50 Suits, $2.
Electrical Shoe Shine 5c
836 E. Main Strj&fit^
Wishes to Announce He
Has Moved
His Funeral Parlors to
Natixre'vS Gif t frorrt tlrte Sx^xxxr^ Soixtlx'
?in f (f/t -; /"''??7^7^^^
Many people believe with Moses, the great law-giver, that the source
of lard is unclean. The source of Cottolene ^ is absolutely clean and
wholesome, and the roroduct is as healthful as olive oil.
Cottolene comes from the cotton fields of the Sunny South; it is a
product of Nature, refined by our exclusive process. The ancestry of lard
is not so clean or inviting. Lard never has been, never can be, anything
more or less than unwholesome hog fat.
Cottolene makes food that any stomach can digest, while authorities state
that lard is the cause of nine-tenths of all indigestion.
Cottolene is the best frying and shortening
medium made to-day. Wherever exhibited in
competition with other cooking fats, it has always
been granted Highest Awards.
COTTOLENE is Guaranteed Y??S&1
?9^ >l
__ _ cer Ja here?
by authorized to refund your money in case you are not pleased,
after having given Cottolent a fair test.
Never Sold in Bulk %t% Z?f,o
keep it clean, fresh and wholesome, and prevent it from catching
dust and absorbing disagreeable odors, such as nah, oil, etc.
News of South Richmond
South Richmond Bureau.
The Times-Dispatch,
1020 Hull Street,
Phone Madison ITS.
If application.- for the position of
special county officer in 'Squire Cheat
ham's district, hacked by written pe?
titions from representative citizens of
Oak Grove, do not cease to roll In. the
'Squire will be inundated. A perfect
swarm of applicants have descended
on the magistrate's ofhee asking that
he recommend them for the position to
be vacant March 1.
The 'soulre Is noncommittal to all
alike, and fiies each petition away in
his safe against the day when he shall
mnke his recommendation to Judge
Watson. After all the anplications
and netitions are in he will betrln to
consider them, and then deliver t he
whole batch, together with his recom?
mendation, to the iudge.
Among those who have filed their
nnp'Ications for this position are A.
T. Tr^vlor W. Ii Robertson. George
Redford. Willie Alley, Alonzo Crew?
and Melvin Ely, all residents of CVilc
Grove. This Js not the whole list by
nhv means, as 'here are some sixteen
applicants in all.
r,?t-f<?niifi?icp for Clmrllv.
The Klnsr's Daughters, a charitable
organization of tn?? fiouthslne that has
^ecomnlishe-l ont?ld good in the last
few years, last nl"ht received the nro
ceeds tit the perform?'ncfi in the fas
time Theatre. The Sooth Richmond
nAt)nie turned out in thrones to aid
this wortbv cause, and wer*? r*?-arded
M- i t li a erood showing, consist lng of
mbyintr picture* and illustrated sonsrs.
This society does nraetleallv nil the
work nmone- the nonr in the Southside
and has striven no'->lv ?R winter for
the alleviation of suffering.
>Tniiv rom'?r?loti!(,
Tiio total number of conversions and
additions to the church as the Tesult
of the revival services hMng conducted
in the Rn hOiridure Stroit Bantist
Church bv Rev. j. ,T. wicker, nastor
of T.elch Street Baptist Church. U now
more than thlrtv. There Is the pros
nect of several more conversions dur?
ing the few- meetings that remain of
the seides.
The service this evening will beirin
as usual at 7:4.". and Mr. W.iekor will
deliver a sermon on "The Cnnardon
aMe Pin." There will bo no meeting
Saturday night. Tn view of tho great
Interest manifested by the Soulhsldors
in th^se meetinirs. It has been deter?
mined to continue them Sunday with
e s"rv!cf at nirrht and nrobablv in the
afternoon. This will he the end of
? be meetings, and it Is exnectod Ibat
??>*. church will be crowded with pco
During tlie two weeks in which the
n>"ftlncrs hp ve beon held the South
siders have flocked i*1 Nid weather and
clear to hear Mr. Wlckf-r. and each
nicht has added in the number of eon
versions. The sinking at the services
bis l\pon noteworthy, a hhpiri espftcially
recruited for the meetings, eomnosed
of thirty voices, having sung nightly,
fiinrl J'eirln* Mondny.
The regular February term of TTnst
httrs Court. Fart 2. will betritt Mond a \*
?niirniyirf. Februpfy 20. with Judge E.
M Wells presiding. The errand Jury
will be nresenl on tb? onening d?v of
the court (o make indictments and the
actual trying-oT~+he eases will follow
Among' the numerous criminal canes
of note will be that of the ouintet of
accused "shoe rebher?." recently caught
in ? raid by O'Ticer Waytnack.
The negro George Robinson will be
trmd en the ch:<rge of a t tempted as?
sault on T.p/zle Ross, colored, while a
case of attempting to conceal the crime
rani' be brought against her husband.
Of several large damage suits, per
hans the most Imnort?nt Is that of
Price against the Virginia Railway and
Power Comoanv for ST..000 damages.
Numerous smaller suits have been In?
stituted, ns well as mav?y chancery
Try Ravin To-?ny.
The trial of Moses Davis, alias Maises
Jackson, the negro man charged with
pHacking a young white woman of
Chester recontlv. was continued yea
terday morning in tho Chesterfield
county Circuit Court, and will probably
bo finished before the day Is over.
When the case was called yesterday
morning Mr. Eichclburger, of Chester,
appeared and requested the court to
allow time for counsel to be procured
for the accused man. This was grant?
ed, but It was so lato In the day when
the negro's counsel appeared that tho
hearing was postponed until to-day.
Judge Gregory, Commonwealth's at
i torney. said last night that lie hoped
[ to conclude the hearing some time to?
There are live other negroes indicted
by tho grand jury who will be given
trial during this session of the court.
1 Several of these cases are for robbery,
housebreaking and highwav robbery.
It is not thought that this session
of the court will be long.
Road-Building In Chesterfield.
When the work of graveling and
grading the Midlothian Turnpike be?
tween South Richmond and Midlothian
is completed the big convict camp. No.
3, which Jjas been employed on the
job for several months, wll be moved
to the Old Hickory Road to begin work
on that highway. The recent meeting
of Chesterfield citizens in Wood's
Church guaranteed the raising of the
$3,0u0 necessary before the county will
contribute $10,000, so that this splendid
road is an assured fact.
The Old Hickory Road is to be I
leveled and graded out of Petersburg I
a distance of ten miles, and will per- j
haps benefit the farmers who use Pe
tersburg as a market more than those
who bring their crops to Richmond.
With the completion of the work on
the Midlothian Turnpike, which will
probably be. entirely finished within
tho next two months, the county will
li?vo an excellent highway all the way
from South Richmond to Hallsboro, a
distance of eighteen miles, when the
pike becomes better known it will
probably be ono of the most popular
roads with the automobilists of the
Police Court Cubcs.
In Police Court, Part 2, yesterday
morning John Boyle, sixty-five years
j old, was fined $10 and costs by Justice
Maurice. In default of payment he
went to jail.
Robert Smith, colored, was sent, to
jail for thirty days for playing six
games of pool and neglecting to pay
for them.
New? of the Secret Orders.
The general memorial committee,
composed of representatives from each
of the lodges of tho Southside, will
meet to-night at S o'clock in Tonoy's
Jlall, corner of Eleventh 'ind Hull
I Streets, for tho purpose, of. concluding
the arrangements for a M.iury Cemn
' tcry memorial day, to be observed with
fitting exercises by the various lodges
on the south side of the river.
Several capdidates for initiation into
the mysteries of the order wero put
through their paces last night at tho
meeting of Henderson Lodge of Odd
Fellows in Toney's Hall. The rivalry
between the Blue and Red teams over
I the capturing of new members is in?
tense, and great interest is being
manifested In which team shall bo tho
loser and have, to treat tho other to a
supper. The contest closes In March.
HcHtia Conclave. Imprcvod Order of
Iloptnsophs, met Inst night at 8 o'clock
in the hall ul -the corner of Eighrrr
and Hull Streets.
The regular weekly mooting of the I
Manchester Lodge of B. P. O. Elks was
held last night at S o'clock in the
Elks' Homo. South Richmond.
Davis Council, Junior Order of
United American Mechanics, held its j
regular weekly meeting last night at!
!$ o'clock In the hall lit the corner of
Eighth and Hull Streets.
Tho Manchester Aorie. of. Eagles..hold
Its regular weekly meeting last night
at S o'clock. ? ?
I'ersnnl nnil Ohcrwliic.
Tho Women's Sowing Circle of tho
Rainbrldge Street Baptist Church will
have a reunion of the church members
on Monday evening at .S o'clock In tho
lecture room of that, church. Rev.
William E. Hatcher will deliver an
address, and a musical program has
been arranged, A roll call of the church
? , ?. , r .; ?? V?V'' V:'.'' ?'?"'A'1 >'"''iV.;-; '.'
me mbership will be read, and it is I
hoped that the answer "present" will
be said to each name.
Mrs. Ann Sullivan, of 2517 Bainbrldgc
Street, continues very 111 at her home.
Aubrey Nunnully, a member of the
firm nt tho corner of Twelfth and Hull]
Streets, was taken suddenly 111 while
at work Wednesday and removed to
his home. 111 East Tenth Street. His
condition is critical, and the attending
physician entertains fears for his pa?
tient's life.
IJr. O. T. Illbbctt Appointed.
Washington, D. >-., February 16.?
Medical Director C. T. Illbbctt has heen i
placed in command of the naval hos
i pltal at Norfolk, Va? by orders of the
Secretary of tho Navy, issued to-day.
Dr. Hlbbett previously was attached
to the staff of the Norfolk Navy Yard.
He relieves Medical Director W. It.
Dubose. in command of the naval hos?
pital, the lutler having heen ordered
to Washington for duty as a member
of the Naval Examining Board.
j Trinity Conffrcttnttoit to Iltillil on Site
at iiumetl Kdince.
[Special to The Times-Dispatch.]
! Ashevllle, N. C, February lrt.?Work
this week began upon the erection of j
a new building for the congregation
of Trinity Episcopal Church here. |
Trinity Church was burned to the |
: ground just before Christmas, and the
i congregation has been busily engaged
In raising funds since then feu- anV
other building. The pk.hs for the new
building' call for tin edifice to cost .
about $50,000 complete. Including the ,
furnishings. It will he erected on the
same site, and to facilitate the eroc-i"
tlon. the old cemetery behind the ruin:?
is now being removed. The bodies, \
many of them after having been la _'?
the churchyard for nearly a centuryj J
are being removed to the city come-.;;
tery. . ;f?
Crushed to Death.
[Special to The Times-Dispatch. 1
.Newport News, Va., February Ifi.-?
Andrew Soverson, twenty-one years
old, of Hoboken, N. J., was killed on a, :
government channel dredge, on Mid--.-,
die Ground bar, Hampton Road.s, thiaW
afternoon while repairing a damaged'1
shovel. Severson was working insida ^'
of the shovel, when It opened, and \\<\T.
was caught and crushed by the chains.-'.
MnrrleU In Wnnhtugton,
I Special lo The Times-Dispatch.]
Washington. D. C. February lt>.?-.
Newton W. Kersey, of Ashland, and
Miss Ethel M. Scantling, of Miller
School, were married here yesterday
by Rev. S. II. Greene, pastor of thp
Calvary Baptist Chnrch.
Chlldron Cry
Ts stocked with the very beat quality of Leather, Rubber,
Canvas and Victor Balata Belts, under the management of
competent and expert belt men. Give us a trial when you are
in the market for belting and we can surely convince you that
it is quality and not price which gives you service.
Also a full line of Red and Black Sheet Packings, Piston
Packings and the celebrated line of "Marco" High-Grade
The South's Largest Machinery and Supply House,
Corner Ninth and Gary Streets,
Richmond, Va.
- Hfl I 111 I ll>|
But Pork
and Pure
"Kingan's "Reliable"
In Pound
Boxes if
You Prefer

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