Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-06-18
End Of an Extraordinary Case Of swind-
ling.


was ended IN Lynchburg last Saturday by
verdict fixing the imprisonment of the ac-
cused in the penitentiary at eight years.
When his Honor Judge Marshall euquired
if the prisoner had anything to say why sem
tence should not be pronounced in accord
ance with the verdict, he replied:
81 have, Sir. It is due to my family, my
mother-my widowed mother and my wife
and child, that l should have something to
say. l was not astOnished. at the verdict l.
expected 1t would be for ten years. because
OF the public feeling which has been aroused
against me. Two of the jurors said that they
had not made up their minds, when they had
One OF them told me at the Jail that he had
made up his mind. But lie had made it up
differently from the verdict
The judge reminded him that it was de-
sired to ascertain whether he had anything to
say why sentence should not be pronounced
Nay resumed 81 was proceeding to say
that had a witness that could not get here
My friend, Major Garland, could get wit
neSSes here who are within the Common
wealth, but could not. had not the right
guaranteed to me by the 9th article of the
United States Meaning, we suppose. the
9th amendmentl mean the Constitution
as it was in 1899, before it was tinkcred on
by the apprentices in the workshop az Wash
ington. The 9th article of the Constitution
guarantees to the prisoner a speedy trial and
compulsory process for obtaining witnesses in
his favor. This did not have.
The Commonwealth attorney sought to
make 1t appear that was.a Yankee Well.
what if was p? / am from the Empire State
| OF the South, and I am proud Of it. Proud
| OF 1t because that State has furnished the
| IoOmbses, the Cobbs, the Browns and Luup-
kInses That's why am proud of it. lie
! well knew / was Georgian. But If | had
been Yankee, what had that to do with it,
, We are all Yankees now
Upon his indulging IL other irrelevant re-
! marks, his Honor again reminded him that
he was 20 show cause why sentence should
not be pronounced. and not to auimadyert
upon the Conduct Of persons not before the
! court.
The prisoner continued: ssAnother rea.
| son is, that the foreman of the grand Jury
! that found the true bill on that indictment.
! Mr.. Ambrose Il. Rucker, was the principal
! prosecutor, and was more interested pecunia-
| rily than any one else. l being only young
| lawyer, leave other reasons to be stated by
my able counsel, Major Allen, Mr.. Brown,
Mr.. Yancey and Major kirkpatrick
His Honor said that was TIE best thing he
! could do.
The counsel for the prisoner then moved
for new trial and. the motion was oyerruled
! anu the sentence pronounced.
The leading circumstances Of the case are
related by Lynchburg paper as follows:
On the 7th of September, 1866. Mr.. "
j. Moses, of Washington city. on his return
from North Carolina to his home, was arrest
ed by Kay at Aqua Creek, upon Il warrant
purportIng to have been issued by the Mayor
Of Richmond, charging him (lIoscs) with
stealing $3.50, gold watch and other arti-
! cIes, from one Jacob Switzer, at Hanover
| junction. Kay represented himself as "A
! deputy-shcrift Of Caroline county, and took
| his prisoner back to the junction for trial
! Arriving there he went, or pretended to 20,
| to one Cole, who he said was a magistrate.
| and came back, telling Moses that Switzer had
lett, aud that lie, (kay) disbelicviug the
| charge against him. lliUsca.) advised b IN 10
bring suit against Swi,zcr for false arrest and
defamation Of character, laying the damages
J ut $4,000 kny got. or pretended 10 get
warrant from This Cole for the nrrpst and
! detention Of ,5wirzsr, until he should give bail
| for the amount Of damages claimed That
! he pretended to ascertain that Switzcr had
/ gone to charlottesville, and Kay and lis pris-
| ouer Followed him there. There lac (EayJ
! pretended to learn that the fleeing Swiizer had
come on to this city, where theS f0llowed.-
| Here the mythical Swii2er was NON esL and
| Kay forged the name of Moses to the draft
! Of which he had taken possession. with other
/ property Of his victim, rs lie had said in tho.
| discharge of his duty as an officer In this
/ city Hay told his victim he would have to 90
before Judge WingfeId, Of Liberty, and Gb.i
tain his discharge upon q habcas corpus. In
| the meantime, Capt. J. II. PMtt, Of Peters
| burg, friend Of Mr. Mosc-. came on. and all
three went TO Liberty for this purpose Ar
| irving in Liberty, il was ascrrtained that
! Judge Wngficld was 10 Christfan-burl. aud
! the party proceeded rs far as Big Suriug In
search Of him. There it WIS determined By
! Mr., Moses and Capt. Plati that they would
. 20 no farther, aud, upon consultation. it was
decided they should return to Lyuchburg.
and to carry out this programme Kay went
from the house they were staying at, a half
mile from the depot, to send a Telegram 10
this city. While at the depot the western
bound train passed, and Kay took the oppor,
tunity to give. his dclulcd victims the sli
They returned here By the next traipl
formed the officers Of the bank Of the
and swindlc aud kilograms were sent IN M
riOus directions asking the arrest of KAY
lie was captured at Chattanooga. and 81 500
Of the money obtained upon the forged draft
. found upon his person, besides quantity Of
/ jcwclTy recognized by Mr.. Moses as his prop
eriy, and taken from him by Kay when he
searched him.
( WORTH TRYIaG.-In building cbirroz
put a quantity Of salt into the mortar viii,
which the intercourses Of brick are to be laid
The philosophy is thus stated The salt in
the mortar which is exposed, absorbs moisture.
. every damp day. The SCOT thus BECOMING,