The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-08-14

Gaze UI OOiOuersJklu61S WAS Calico, anu ~
once proceeded with. %.
- Colonel john M sClarkson (during
whose testimony on Monday, the court ad.
journed) continued under the questioning
ofaathe: prosecution So1n, mentioning a
Joint fund on yesterday i meant to say
that the money paid was paid from ajoint
fund belonging to the parties interested
with me in the distiIleries. One, cash ac-
count was kept for them all = The &C
counts Of, the, distilleries were kept se-
parate, and the fact Of my being interested
in one or, 1.-two .,distilleries did not give
me an interest,in the others. Here the
defence objected to a course of question
ing to show q conspiracy among the par
ties, in which nothing could be shown i'm
plicating. Colonel James, The prosecu-
ton argued to the contrary, that it was
perfectly right to bring out any evidence
developing a; conspiracy in the raising of
the money given to Colonel James, citing
the freshest within: the mind of the court.
Finally, the prosecution was allowed to
proceed. The money was made up from
money used. by the different distilleries as
business capital. The same objection
was again urged by. the defence. :. The
prosecution claimed the right to close
the question: and upon this an ar
gument ensued, embracing the d seYe-
raj points already raised. The court
allowed the prosecution to 60 on with
it's question, charging S the jury that
nothing should be taken as evidence in
which Colonel James was not implicated. ]
The money was kept by Mr.. Parrish to be
apportioned among the distilleries. W hat
I meant to q say by. joint fund was,
that Mr.. Parrish had an interest in
three or four: @distilleries, either 'di-
rectIy @or indirectly. he bought a
steamboat, he pportioned it among the
distilleries as he might think proper, and
if agreed Ito 1T, the other parties
were satisfied Mr.. Parrish managed
the money matters. The money raised
in this instance was for the joint
use Of the distilleries. There was
portion of the $1,000 contributed
by parties other than, those represented
by Parrish. Mr. Parrish spoke to: me
about the ST 900 before it was sent to
Colonel James informed me that
Colonel James had spoken to him on one
or two former occasions, charging him with
an improper use of his separators without
having contracted fol, them. This last
was objected to as an improper and indef-
mite answer, and the witness was required
to answer it diferently.] Mr.. Parrish did
not mention to me the sending of 81 600 to
Colonel James. After the money had
been paid to Colonel James informed
Messrs. Harris, Brockenbrough, and Glen
dening of it. a.5 - = s''s -. 90
Questioned by the defence: I have not
seen the drawing of Mr.. James's separa-
tors. but / have seen the separators.f l
have seen them at Mr.. Parrish's office.
There was one in use at Denmead's, one at
HoYlett's, and I think one at Roxdale.
We, had four or. five of them in use. /
have seen them at Mr.. Arnold's shop, in
the city, being fixed for our use. l have
personal knowledge of the use of the :sepa-
rators at the places above mentioned l
nurchased one in January for Brockenbo-
rough, and sent it to him. One was bought
for Roxdale in January, in my presence,
and sent off. remember that about the
lat of February Mr.. James, together with
Mr.. HarWood, the assessor, paid visit to
some of my distilleries for the purpose OF
inspection, but do not know. that they
accomplished their purpose. This was
before the 81 900 was paid. l had con-
yersation with Mr.. James when he re-
turned. The conversation was in COM
plaint Of the nse Of his separators in the
d;stilleries. and stated that he would sue
the parties for using them. We made no
bargain concerning them. - s
Questioned by prosecution. The sepa-
rators referred to were in our possession
in.this city, and i saw them sent to the
distilleries. I got them from ,Arnold's
shop. [The portion Of the separators fur
nished 'by Colonel James was known as the
metre. and Colonel Clarkson testified that
its was the same as used by him. <.,ss
n Mr.. w: W. Gosden (not Gasden) sworn
T reside in Richmond. handed Mr.
Smith sthousand dollars THE question,
9 Who gave it to you Z" vas objected 70
nv the defencessas ministerial, irrelevant,
and, liable to, lead to questioning out OF tne
srnle of the scourt. "A great deal OF Latitude
had already been. allowed in the case, and
it was hoped that no questions not relating
directly tothe charge against Mr. 4 ! ames 40
would be allowed. The court, after granting
thatsa great deal of latitude had already
beer. allowed, gave permission that the
nnestion might be asked Mr.. Parrish
ave me the money. Another question,
& what do you know about the check, and
what did Ir. Parrish say when he gaYe
yda the moneyis,a was earnestly; onlecteo
toby the=defence as not connecting MT
James. MI. Chandler pressed bus gnes-
tion, alleging the strange manner a = m whicn
the :raoaeys Was sent, and the seeming lgno-
ranca Of Colonel James and all witnesses
thus far of it's object, as going 70 SHOW that
tbara, WAS m something outsideeof the trans
action as far as the 3separators were con-
earned !, and claiming right to bring this
ont. The court ruled that q good deal had
haen sid already that was not properly
,sSmissibIe. - Nothing that had been .sald
IN ztestimony concerning the sending of
4ha money could be allowed as testl-
S,oonv ,,o uniesss Colonel James was con-
nactsd with it. No matter what the
,oh;scts - Of the gentlemen in sending the
money might have been, aor gWnat 7m!ga'
have been: said by thsms it dld noc ellM'- I'M
nate Mr.. James, and was speyond .ne
Indictment of the court, unless ft~as snoTn 10Y 2
thst hef conniyed at such conspiracy. Iae
conrt com had. az it had before. scknoWieogeo'
sSMitfad agidence not bearing direGpys On
tIs:csse: Int .it had only done. SO because
;Tsvoria. 80 eInedite matters, and IL conhded
Il Il naintsIligsnucces Of the gentlemen ol Iae
jary sna tie effort Of the counsel ;s ior 8 aae =
s1olusioa!of inprop 81 evidence. The ques;
n t;en wss rnlea out oftordsr.] Colonel
Jssnss sh,s never said anything e ne
:Ieat Is a' ~ d1ss s'Sys = y 2
- .gsEts'ga 3et2a-&'4 'a3as