The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-31
THE SINKING FUND FORGERY
A NEW PHASE IN THE CASE OF VI.
! ID. COLEMAN.
THE PRINCIPAL WITNESS ALLEGED
TO BE INSANE,
The Motion 60 Set Aside the Judgment
-rt to DO Argued Today.


In the Hastings Court yesterday morn
ing Mr.. William L. Royal, counsel for Will
liam D. Coleman, who was tried and con-
victed of forgery and sentenced on Saturday
to four years. imprisonment in the peniten-
tiary, in accordance with the finding of the
jury, appeared and moved to set aside the
Judgment of the court entered on Saturday
last, on the ground that Joseph Mayo, Jr., the
most material witness to prove the alteration
and forging of the warrant-book Of the Sink.
ing Fund Is now insane; that he was insane
at the time he testified upon the trial Of Cole
man, and that for long period of time prior
to said trial he was insane.
AS basis for this motion Mr.. Royal pre-
sented the following affdavits Of w. D. Cole
man and himself, sworn to before Mr. An
drew Jinkins, clerk Of the Hastings Court
of this city:
Mr.. coLEMAN's AFFIDAVIT.
Stale Of Virginia, City Of Richmond, to
toit: This day personally appeared before
me in open court, William D. Coleman, who
made oath that be was on the 26th day Of
March, 1874, convicted of forgery, and on
the 18th day Of March, 1874, was sentenced
| TO four years in the penitentiary by the
Hastings Court Of the city of Richmond;
that upon said trial Joseph Mayo, Jr., was
the principal witness for the Commonwealth,
and, as this afiant believes, was the only
witness, or the principal witness proving, or
whose evidence tended to prove, said offence
WhereWlth ne was charged; that he is in
formed and believes that for long time
prior to said trial, at the time of and since
said trial, said Mayo, Jr., was, and is now.
insane and a lunatic, and incompetent
to testify. This affiant further SAYS that
he did not know of and had no
means of informing himself as to
the mental condition Of the said witness
(Mayo) at the time Of said trial; that while
he observed many strange and unaccounta.
BILE circumstances about the conduct of said
witness, all of which are entirely Ineligible
to this afiant since his insanity has been as
certained, that his suspicious as to witnesses
sanity were not at the time Of the trial
aroused, nor until Saturday, March %, 1874,
after sentence upon this attlant had been pro-
nounced.
Given under my hand this 3Oth day Of
March, in the year 1874.
ANDREW JINKINs,
Clerk of the Hastings Court, city of Rich
mond.
AFFIDAVIT OF Mr.. RoYALL.
State of Virginia, City of Richmond, 10
,ott J.: This day William l.. Royal personally
appeared before me, Andrew Jinkins, clerk
of the Hastings Court in and for the city Of
Richmond, in open court, and made oath
that he is an attorney at law, practicing in
the Hastings Court for the city of Richmond;
that he was of counsel for William D. Cole
man, and assisted in defending him in the
trial of said Coleman for forgery at the March
term, 1874, Of the Hastings Court for the
city of Richmond; that Colonel Joseph
Mayo, Jr., was the only witness introduced
by the Commonwealth to prove the forgery
with which said prisoner was charged; that
he is informed and believes that for long
time prior 10 said trial, at the time of aod
since said trial, said Mayo has been
and is insane and lunatic, and
incompetent to testify. This affiant further
says that he did not know of and had no
means of informing himself as to, and does
not believe that his associate counsel, who
are absent from Richmond, and have been
since Thursday the 26th Of March, knew of
or had any means of informing themselves
as to the mental condition Of said witness
at the time of said trial; that while he and
| they observed many strange and unaccount-
able circumstances about the conduct of said
witness, all OF which are now entirely in
teligibe to this affiant since the insanity Of
said Mayo has been ascertained; that his
suspicious as to said witnesses insanity were
not at the time of the trial aroused, nor
until March the 18th, 1874, at about 10
o'clock P. NJ, after the sentence upon the
prisoner had been pronounced.
Given under my hand this 3Oth day Of
March, 1874 ANDREW JINKINs,
Clerk of the Hastings Court of the city Of
Richmond.
The atfidavits were left with the clerk of
the osur5. and will be filed with the other
papers III the case. The motion will be ar
gued this morning, at which time number
of prominent physicians and other wit
nesses have been summoned to appear.