The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-08-15

UNITED STATES CIRCUIT CouRT-JUDGE
| UNDERWOOD Observation-Disclosures OF
JUDGE THOMAS AND CONTINUATION OF THE
CASE-TRIAL or WILLIAM JAMES, COL
LECToR-THIRD DAY.-The court met at
the usual hour.
Messrs. William W. Corley, of Gooch-
land, and John II. Guy, of Powhatan
county, were qualified to practice in this
court.
Judge II. W. Thomas, on an Indictment
for alleged violation Of the civil rights
bill in not allowing freedman to testify
in his court, was arraigned, and upon mo-
tion of Mr.. l.. Ii. Chandler-which was
concurred in by Mr.. James Neeson and
General II. II. Wells for the defence-the
case was postponed until the November
term of the court. Judge Thomas gave his
own recognizance in the sum Of 81 900 to
appear.
The following is a copy of the indict-
ment found against Judge Thomas:
The United States of america, District Of
Virginia, to ooh:
"In the Circuit Court of the United
States Of America in and for the dis
trict Of Virginia, for the judicial circuit
at Richmond, May term, 1866,
"The grand jurors of the United States
of America, in and for the body of the
district of Virginia, and now attending
the said court, do present:
"That Henry w. Thomas, acting as
Judge of the Circuit Court of the Com
monwealth of Virginia in and for the
ninth judicial circuit, on or about the 22d
day of May in the year one thousand
eight hundred and sixty-six, while holding
as such judge a term Of said court at the
county of Alexandria, in the District Of
Virginia aforesaid, and within the iuris-
diction of this court, with force and arms
did refuse Jane Taylor, who was at the
time colored person Of the African race,
an inhabitant Of the State of Virginia, and
citizen of the United States, to be sworn
and to give evidence in the case Of
the Commonwealth Of Virginia against
John Clancy, white man, who was
then on trial in said court, held by the
said Henry w. Thomas as aforesaid, on q
charge Of burglary, where the testimony
of the said Jane Taylor was offered by the
Attorney for the said Commonwealth of
said county in behalf Of said Common
wealth at said trial a right to give such
evidence, and offered so to do. That upon
such offer, refusal was made by the
said Henry W. Thomas as judge as afore-
said, under color Of law of the State Of
Virginia purported to have been passed by
the Legislature of Virginia which pro-
hibits the evidence Of coorcd persons to
be given in such cases. That thereby the
said Henry W. Thomas, under color of
such law, did on the day and year afore-
said, in said county Of Alexandria, in the
district of Virginia. and within the juris-
diction of this court, cause to be subject
cd the said Jane Taylor, an inhabitant of
said State Of Virginia, and citizen of the
United States, and who had right to
give evidence in the said cause, to the de-
privation of the said right, received and
protected by law, against the form of the
statute of the United States of America
in such case made and provided, and
against the Constitution, Government,
peace, and dignity Of the said United
States of America. Found on the tcsti-
mony of Westel Willoughby and B. Frank
lin Bigelow, witnesses, sworn and sent to
the jury by the court.
"F. HENNEsSEY,
| "AssiStant District Attorney.
Endorsed: a true BILL William L. Har-
riSon, foreman"
Mr.. Chandler opened the case Of Colonel
James by offering as reference, subject
to whatever exceptions the defence might
take, the rules and regulations of the
Treasury Department for the government
of the Internal Revenue Department.
They we're admitted, subject to the eX-
ceptions above referred to. The next wit
ness was then called.
L. B. Doolittle, sworn: l reside in
Washington, D. C. am employed as
clerk in the Bureau Of Internal Revenue.
| am chief Of the bonded division, having
charge of bonded goods and warehouses.
The duties of my office are such that put
me in a position to examine all accounts
connected with whiskey, etc. All the re-
turns of collectors Of whiskey revenue
are supposed to come to me. The
metre authorized to be used by the
Government is that patented by 5.
B. Tice. This the only metre which,
to my knowledge, is used in this
country. To my knowledge there are
three separators in use. An extended
argument occurred during the evidence of
Mr.. Doolittle as to the admisslblllty OF
evidence concerning the Tice metre, which
was entirely different from the James
separator
At the close of the evidence of this
witness, Mr.. Chandler remarked "Ihat,ll
do. Mr.. Doolittle; and l think 1t due 10
YOU to state that you have done very
little"
This closed the evidence for the prose-
cution. The counsel for the defence de-
clared that, after consultation, they did not
deem it necessary to introduce any testl-
mony for the defence, and declared them
selves ready to enter into the argument.
Mr.. Weed, on the part Of the prosecu-
ton, led off. ,, . o
dificulty in finding verdict after the evil
dence that had been going on for the last
three days, and he proposed brieilyto sno"
tho reasons why they should have 20 diiil-
cnItr. He recounted the leading points OF
the evidence concerning the transaction OF
the sending and receiving of the Sl,ooO,
ond proceeded to show that the money hau
heen received by Colonel James, not LOT
Senarators, but, as alleged in the indlct-
ment, for compensation ana re"alu'
Judge Gregory followed Mr.. weed: M lie
said that he stood in the presence OF lhe
inrv in behalf of q stranger lhan "no
was voucbed for by his friends as man OF
;nteoritv and honesty an old man VINO
stood charged with heinous crlme' anu
+ u,bom he did not doubt for mo-
maut m was innocent. There had Deen
not not, particle of legal evidence &c
,,ro npoduced to prove his guilt, as
PtouuaS ronased 70 show by o review OF the