Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-03

other bond than that which had been execut-
rdhy Preston, when elected for the first time.
Tue counsel for the commonwealth, moved |
20 REJECT the second plea, as being substantial |
ly the same with the first. This motion was |
oyerrnled. An issue WAS then made up on |
the two first pleas. To the third plea they
Jomurred The demurrer was sustained.
On the trial, u copy OF the deed, duly ccrti- |
iie.l, executed by thc-dcIendant, John Pres
ter, was offered III evidence on the part of tn
commonwealth This deed had been record !
cd IN the Hastings coart of the city of Rich
nlonJ, oa n certificate oftwo magistrates of
Prcsicn's acknowledgment thereof The
ORIGINAL had been delivered to Francis Pres
TN, ono Of the defendants. On the dav the
Jury were iinpannelIed, before they were
sworn, the plaintiff, in the prescnce of the
court, gave notice to the said defendant, Fran
elJ Preston, 10 produce the original deed, and
at the same time offered, ii further time were
requisite, To enable him to produce it. that he.
the plaintiff, would ask 4 suspension of pro-
ceedlngs 1ntii il cou!d be obtained, or move for
continuance OF the motion till the ensuing
tsric otthe general court, in order that such
ume might be afforded. The defendant d.
chned making any ether reply than that the
plaintiff S counsel must take their own course
and malage their cause their own way. The
p'aintlh proved that the Oliginai decd had
been, about eight months previously, deliver
"a to Francis Preston; he proved by the oath
ot the clerk, that the copy offered was q cor
rect copy iie also proved that the trustees
therein named, and one of the Defendants
Bernard peyon, had acted under the said
deed. Iilc defendant, Francis Prcstnn, stat
ed, that tiie Original deed had been delivered
by HIM, tithc: olienry EdlnHl.lson or James
Aiecoweil, to he recorded in several distant
counties but that he did not know whether
the said deed had hcen recorded, nor where
the same was, ncr whether the same were
now III existence or not but he believed IL 10
be in existence, and now in the hAnds of cith-
ct Edmundson or Mcdowell. The defend
ants thereupon moved the court to exclude
the deed from goipg in evidence, which no
ton the court sustained, and the plaintiff cx-
cdpted to their opinion.
The plaintiff objected 10 several other opn-
lons given by the court ON the trial all of
which are embraced in the following Bill of
Exceptions, contained in the record (paee
), and set forth at length in the statement
OF the Case furnished by the appellee:
That on the trial of the issues Joined in
this cause, between the said Jerman Baker,
now treasurer of the commonwealth, and the
slid William Ross aud Others, sureties OF The
said John Preston, tie sud BaEey 70 support
ne sad 'ssaeS on has put Proreai, that the said
John Preston was elected treasurer of the com
lnOmwcai,h according 10 The laws aud consti-
luton, ON the day OF january, 1902, and
was successfully and annually, in Ike manner.
reelected TO, aud continued in the said Office.
from year to year, until the 9TH day of Janu-
airy, 1890, when ~ resigned the. said office {;
ard on the day of January, l32c, the
said Jernan Baker was elected his successor
IN the said Office
The said Jerman Baker then gaze in en-
hence the UUnefrl do 10 q
Assembly, by the said John Preston, from the
said day Of JANUARY. 1909, To The 18th
aayiJ January, 1919, Inclusive j and The an
21ftdt reports Of the .jOint committees Of both
houses OF Assembly, from the said day
OF January, 1909, IL the said l2tk day Of JGnu-
arg, 1919, inclusive and the looks Of he Trea-
surg Department, during the whole period
during which. the said John Preston was Trea-
snrer otthe commonwealth, by virtue Of his
Successive annual elections aforesaid. And it
was agreed between the said parties by their
counsel, that the said annual reports, as spread
on ttsJ journals Of tie house Of delegates, and the
sad books OF the treasury department, MAY
be used aud considered as part Of this record
ny reference TO the same, without being spread
at large on the record in this bill OF exceptions
And according to The sad annual yeporis, and
tie sad bOoks Of the treasury department, it APP
peared that on the Isl Of October, 1913, (being
the end of that fiscal Year. there ought to hare
5cen abatance iii the treasury, TO the credit of
the commonwealth, Of S390,7O2 % aud on
The 3M dayof January, 1919, being the date
oIthe bond OH which this motion is grounded,
and the day of Che commencement OF the said
John Preston's last term OF Office, there ought
10 here been. balance in the treasury, TO the
credit OF the commonwealth, Of S6i8,412 %
aud on the eth day Of January 1890, when
the said John Preston resigned his said Office
there ought 10 hare been q balance in the trea-
sqry, to the credit of the commonwealth, oil
SSSj,207 07.-But the said Jcrman Baker
proved, that, on the said 18th day of January
1890, he found in the Golfers IN he treasury Of.
zee, and to the credit ofthc treasury an he tro
baHfSI VTginia, only the sum of $3.50 81 II
so that there was difference of the sum of
$4,000 so, between the balance so she,yn by
the books Of tie treasury department., as the sum
winch ought to have been in the treasury to the
credit OF the commonwealth on the said 18th
cay OF January, 1890, (when The said Preston
assigned his ofiice,) aud the cash GctudLlU in
Inc treasury and that the said Jcrman Ba-
ker, the now treasurer, Immediately passed TO
The credit OF the commonwealth, the said sum
" S21O,l97 II, az sOmuch money turned over
I" MN ny ms predecessor OF which sum of
S2JOl07 II, the sum Of S2f9,O8g 50 was mo- |
nfy ~ the t'oo bdi,ks Of Kirgtnid, to the Gre
WI OF the treasury u the rest was in the public
o?Grs III the treasury Office s. the said sum of
S@la,08G 60 was carried, by the said two banks, |
To the credit of the said Jcrman Baker. the
now treasurer, immediately that he took charge !
y the treasury, wihot Gty cheek for the same |
drawn IN his favor by the said John Preston. |
me late treasurer, in whose name, as treasurer. |
tlt treasury account at bank stood and the |
said transfer ut bank was made IN the presence
OF The said John Prcston's agent who went 10
me bank with the said Jerman Baker, to have
such transfer made and the said Jerman Ba-
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