The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-03-31

bnttz when recalled 10 tina vitus.. .t.u ,,.-, -.
mohning had said that the day tho receipt wa sian
~ ne psrior Of Mrs Tunis s,ms wine was tAks. AZ
thing n, ei the parlor and he alone What
'er ten than for Buttz 10 make this alter atonf
buttz tere, in much trepidation and exciteuenf
Mr. Chandler, and charged him with misrsp.
,e'enng his testimony Mr.. Chandler replied that IL
was quoting his words and could show Il by the rs
oiu 70 De So Buttz insisted that he had not said anv
nns Of the kind He explained that he said Mrs Tunis
gone out Tor the purpose Of getting pen and ink Mr.
ohander said that he did 80 understand n and At III
same time remarked TO Mr. Ruitz that he did NOT wall IA
oe interrupted, unless 1t done in genemanly man
Mr. Chandler continued What are the facts that ana.
h the theories that this receipt was an after thought
~ ~ was one Of the srsngest things in the world
rom Mrs Tunis, informed Buttz Of the fact, the
latter SO far from producing this receipt OF lease
merely. merely said, well, ! suppose IN have to ind
lease the house for him What was the necessity for
ueg this fhe had already received the lease BY means
o. ms receipt The theory ofths defence was that Mr.
DUTY oeing lawyer knew the advantage he would have
over Mr. walker ina suit for the housewas too shrewd 10
scose MS plan OF action to his aulogmis-snd awaited
, conscious security the assault Why had he shown
receipt to Mr. Walker Who although not the author
oi Wakors dictionary still good lawyer and sensible
man. he would have said at once This il Lease of IN.
premises s and Mrs Tunis can have no controlovtrthem
snu ~ course can have no claim upon them through
nei.D The counsel of the other side say Mr.. Walker
u not conform to tho usages ofths community by first
tne parties residing IN the house. TO whether
was their intention to the lease or not This be
thought was hardly the usage in the community Much
fess wa, sought to be placed upon the fact that when
oapps sought TO lease the hoiisc Mrs Tnis told him
that 1t was leased. Well so il was Buttz lease had
sui nine months to runand great many things Iegi.
innate and illegitimate may be brought to full growth
In niue months But In regard ,to tbis fheorv m
which he had spok en--that tho alteration was nads
When Mrs Tuns was absent from the room (and he
would give the DESCENDANT the full benefit of the denial he
had Just made and which the jury had hear we could
see how nicely the thing could b. arranged In could
have Walcot waiting outside, order TO show him the
Ieceipt 80 that he could Provo H. But suppose every
thing bad been written IN tho recsnt that il now con
tains, previous to the sigma ~ Mira Tunis berg AZ
liked to And here he would say that the counsei for
the plaintiff had shrewdly kept from the jury the differ.
encS between civil and . criminal prosecution for
forgery They had led the jury suppose that tho de-
PENDANT stood In the position il he were being
crmnaiy prosecuted and that he entitled to the
benefit Of all doubts that might siise TO hts guilt
This was not the In civil suit the decision must
De based upon the weight and credbity OF the evidences
The side that SHOVE the greatest preponderance OF tesl
benefit from doubt efhis guilt The theory b. that II
Mrs Tunis signed this wonderful receipt, not
knowing the full purport Of Its contents. admit
ting that II was then a. It now sppearsshe Is not
bound by 1t; because she 10 woman with Oh womans
weaknesses and ignorance of business mattersand Mr.
BUTTE is Q lawyer 1t might have been intended as
pretty sharp dodge on the part Of Mr. Butzbut 1t may
have been done innocenty. Can you believe, gentlemen
Of the jury, from the testimony that Mrs Tunis ever
believed or admitted that Butz occupy hor house
during the year 1902 Ifyou do not then you must find
verdict for the plaintiff. us - = ~ &.
The Jury retired, and after absence Of two hours
returned into Court with verdict for the plaintiff ~
The defendants counsel gave notice that they would
apply for new trial. and also tender their bill Of excep
tons, this morning
MlroRs CoURr.-John Taylor, marine arrested for
lighting, fined Sic. John Mallory, Frank Tribor, Alex
fentress John Tbbon Dan McCurly and o. Day. soldiers
arrested for being drunk and dsorderly fined $40
each Two negroes arrested for stealing chickens in the
country, were committed until called for by the county
authorities. 'i
MAYos's CoURr, Ibrtsmou6. Timothy Moseey eolored,
arrested charged with completely in robbipg Joseph
Jo,li barge not sustained, aud accused dismissed
Jerry Green, coored, arrested complaint OF Frank,
colored charged with stealing sl5 in money Charge not
sustained, accused dismissed. Hs4s
CIRCUIT CouRT.-The Circuit Court will assemble in
Portsmouth Monday next for the transaction Of such
business may come before it. 5H4