The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-03-30


and received lodgings at the watch house, Andrew
Ha,nos teooie charged with an assault upon Matilda
Barney (colsred was fined $40 and costs, Augustus
Kickets, for being drunk and dsorderly fined S.
Samuel Helen, charged wi violation Of the huekster
ordinances, was fined SO.
CoRpoRaHIoN CouRT-Caso st Tunis VS.. Butte. The
Court room quite filled with anxious spectators.
Mr5. Tuns accompanied by several Of her lady friends
We're also pr asent The first witness called to the stand
was w. H. Berry, clerk of the $. District Court Intro
duced by the plaintiff as an ADOPT in Ghosropby' and
handed to Mr. Berry by the counsel for the plaintiff who
asked his opinion of the pecuarites of the document,
before the witness could answer Col Blow one of the
counsel for the defence arose and objected to direct
questions as to the opinion of the witness. He 1.-THE
eounse did not what his opinion mghtbe in regard
to the dscooraton of the ink in the body Of the receipt
aud the hand writing being the same and that being ad
mtted it was not question of hand writing, but ques
ton of chemistry regard to the peculiar properties of
ink The question is, ''was it the same pen and ink
This chemist should decide and not CLERK
l.. Ii. Chandler, counsel for the paiDtin, maintained
that Mr. Berry expert and that II wasa question
Of skill and judgment TO decide whether the who'e body
Of the receipt introduced by the defendant was natufa
or genuine forged or initiated and that upon hatques
on tine opinion Of an expert was perfectly admissible
from the fact that there was question contemplated by
tire very nature of the paper introduced as testimony by
the defence If the paper was Valid ana had not peeh
altered his client had no for suit; if it was VAL
i'd the defendant had perfect right to the premises and
he could see just why the defense should OBJECT
Il
Of Mr. Barry being expert. John Goode Esq codisel
for the plaintiff replii to Mr. Blow by saying In the
previous trials the defence had thrown down he gaunt
let and tainted the prosecution for not introducing eA
merits and as they had tried to accommodate
Them now by 50 doing they objected to IT, 1hey were
not consistent and had mndp this case famous one
And no doubt will survive the records even OF th o0.
BLOW cpud with his learn ffieu ana
stoted that he must be laboring under alucnatlon
The question being with the Court Chief Justice sykes
stated that it subject matter Tor 'ne cohseiaoh
of the iury--opinion was evidence The court there
Srs ruied with the defence L. H. Chandler one of The
counsel for the plaintiff took exceptions to the ruling vi
the Court and asked that they be recorded "nereuon
Mr. Barry left the witness sali, ana " Noic
Al tHe First National Bank was called as witness ior
H. ni.inin The receipt handed to MI Cole, when
he recognized having seen before ne was se'ueh
with certain peculEitcs of the leer euuiiis ths
,orI years IL appeared have been written III bine
tnt and the words sapd 1866, nad been written with
srent men, 1t was the nature OF blue INK OF nuiu 10
tnrn boct after while Crossexamncd ny the ueienHe
Rlue ink will commence turning Al rev
a tha onalitv of the fluid. he thought Go was
little darker than 49, when he saw the paper before lie
,xas about TO remark that the name OF u Butz was
not there before. He did not notice IL, ~ might nave
V, Anderson one of the jurors, asked was It written
LIN Tho somepe Here the defense AGAIN oplected !"
AZ oninion OF a wtuess-it was rot testimony me
snsstion was then argued by wne
~ Cnr announced that preclude any nisunderstahd
iny they decided that the Jurors couo give any
srbt to the opinion OF an expert they pieaseu, ano
taLe il worth, Dut ~ nau no. p'eh a"o
annarent that Mr. Gerry was an expert Jnsuce,sykes
stntad 10 Mr. Chandler that he was too good 10
endeayor TO extort an opinion rom 'nn 1ousD ";
Chandler replied to the Court and relieved ,ei, ., an
LII dnnh,s wbereupon the Court decided that it was
,st;an entirely with the jury TO consider Mr. Cole,
he witness then proceeded TO give ms experience as
Ranker Iawyer Real Estate Broker and man OF leisure
r his experence as expert on detecting forgeres,
~ crnss examined by the defcuce. Had been Banker
49, o. ar 30 wears ago in New York, under tho firm OF
White Dantforer & Co., served at II steady LOT hteen
= -, -, N,xs. Nnpk a1.nut
wears Had also praccod Jaw IT new iork a'ou 60
arns, of William and Pine street, New York, was now
president of LIST National Bank oil TINS CITY, was III
Europe when the war broke out am no chem's,
or enrrayer all Judge FROM is my experience as apus
ness man. -, - Al rooo;nt
Question by Juror In your opinion was tue receip'
all written with the pen! believe Two pens wHe
used one making blunt marx, tue othera hne one.
-ooint has been written with poor pen ana pau 'nh
Mn Rarry recalled Receipt shown him to point OUT
necuareties as an expert There IS peen unercn' ~.
,sed and difference in the ink. There mas osc NJ
Eiads of ink used the "S has been made win nud anu
tha words and sixtysx" with black ink. The BODY Oh
the receipt has also been written with black INK mere
Tho eounse for the defence to test the uexert VI %
witness produced small package written upon, anu
asked his opinion thereon The witness pronounce inc
vritino done with the pen and at the same time
accounted for the dscolcraou Of the ink by some
Chemical being dropped upon it to purposely effect tue
w Irolliprswerth clerk in the Internal Revenue
ca testified that he had The receipt in the Collect
or's Office, the popularity which struck ms ateh.on was
portion of the last line the color Of tue ink
was the same then as now. -, .... h. h.a
& Stone Collector OF Revenue, staten tnat ne nsu
aeon the receipt fore it was brought 10 .nc "
Buttz lie did not notice any peouiiaues, nc VS.
was in the Office when both stamps were sinNed
rs Tunis affixed her stamp upon the receipt under pro-
as there had been addition to 1t since she sghea
O. D. Burwick testified that in July or august, 1862 he
mad conversation with Mr.. Butte on Main street. anu
Ruttz asked him If he knew where he could get house
hat he had some trouble with old Bowden, and kicked
him ont of the office called on Mrs Tunis about the
hnn.e far Mr. Buttz He then requested me to
70 ahead. as il was all right. l have asked Mr..
Rntt, or writing Have no recollection oil ever trying
~ rent Mr. Bnttz my fathers house.
n. N Bowden, Clerk Of Che Court, saw tho receipt IN
January 1866 at that time the INK o. the letter anu
porton of the receipt was written with ink, and the
other with fluid there was no stamps upon the receipt
hen. a., -, 49,, ..,s
O. W. Ruttz the defendant took the stand and stated
rmn;s Had always maid his rent regular. The receipt
produced was written by him in Ms Tuns house. enc