The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-04-30
rurTRsnAy 80, 1874
z.1sw srNKlNG. FUND FORGERY
TuE SUPREME COURT OF APPEALS SCS
TAlNS THE JUDGMENT OF TUE
nusTlNSs COURT.

nusTlNSs COURT
Coleman TO go 10 she PenitensiarJ
Unless pardonet, by shc Governor.
The facts Of this interesting case, as the.
svcrc given on the trial in the HuSting
lEourt. were fully reported in the Dispatch
aud are therefore familiar to our readers
i BY the verdict of the jury and judgment o
1 the Hastings Court Coleman was fouu(
guilty Of having forged public record il
! the Second Auditors office of this State, ant
sentenced TO four years Imprisonment in TIT
penitentiary.
A writ Of error and supersedeas wa
awarded by one OF the Judges Of the Cour
Of Appeals to this Judgment Of the Hus
tingS Court, and the case was ably and elab
oratey argued both by counsel for Coleman
and The Attorney General last week. and
unanimous decision rendered by the Court o
! Appeals yeStcrday-Jadge Bouldin deliver
ing the opinion of the court.
| The first error assigned to the Judgment 0
the lower court was its refusal TO set asid
the verdict and judgment on account Of the
alleged insanity OF the witness Colonel Jos
Mayo. Jr.. late Treasurer.
not error because the evidence and certificate
of Judge Guison showed that Colonel May
| was not so 1nSdne at the time Of giving hi
sesidence in the case that he did Got know
perfectly well what he was talking abou
snd doing.
| The second error assigned was the over
ruling OF the demurrer to the indictment
This was also held not to have been error
and that the indictment was good. Tht
third error assigned was the refusal Of tht
court 10 arrest the argument before the jury
until the counsel could prepare the bills o
| exceptions to the rulings Of the court. Thi
| WAS also overruled-the Court OF Appeals
| holding that this was matter Of practice as
TO which no strict rule could be laid down
but must be left to be controlled by the
sound discretion OF tue court below in eacl
case.
The next error is as to the instruction:
given aBd refused by the Hastings Court
The chief objection TO the instructions being
that they affirm that warrant.book of the
Siuking-Fund is public record, the subject
Of forgery rs such, and is evidence per Sc oil
what it contained. The counsel for the
prisoner insisting that it is not public re-
cord authorized by law 10 be kept, and Is not
evidence per Sc of what it contains.
The Court of Appeals, after full dehni'
ton Of what constitutes public record
held that this warrant book Of the Sinking
Fund was public record, and that the in.
struction of Judge Guigon on this point
too, was correctly given, thus dispoSing OF
al! the errors assigned to the judgment Of the
Hastings Court and affirming that juds
ment throughout.
| This. of course, sends the prisoner to the
peritcntsry unless the Governor intcrposes
Judge Bouldin's opinion was one o
marked learning and ability, and was TO the
minds Of all the members Of the bar present
Except. perhaps, the counsel for the pri
| soner) a complete demonstration Of the views
taken by the court.
UNITED STATES DISTRICT COURT, WEDSEs-
pAy-yudge Robert ". Hughes 1restdsng.-
The following business was disposed of:
In the matter of Armistead & Peek, bank
rupts. the assignee, William b. Mathews
filed his answer to the order OF the court
and exhibited bis account as assignee,
i On the petition of Thomas Danhli, TIE
asslgnees of Wioughby Newton were or
dered TO show on the 9Th of May proxino
why certain property set aside as homestead
exemption, should not be surrendered ant
. sold.
: A meeting of the creditors Of John CoWies
, bankrupt, was ordered to be called to mee
in Norfolk on the Goth of May, proximo.
In the case OF w. II. Moody, bankrupt
the assignee was ordered to give deed To-
the real estate purchased under the order
!, the court.
In the matter of James r. Young, bank
) rupt, the assignee was ordered 10 conSe.
o certain real estate sold and pay over the pro
ceeds arising therefrom.
= The same order was entered III the cSse
), Benjamin +. Cocker.
In the matter of Mary E. Russell, bank
- rupt,' u restraining order was granted pro
:. bibiting the sheriff and certain trustees from
= anv portion Of the real estate OF the petl
9 toner, or collecting any portion of the rent
ii thereof, and giving said petitioner power e
= collect them and apply to the use and bench
y OF herself and family.
r In the matter of Maria L. Hurt, bank
. rupt, special commission was ordered t
~ consider and make report to this court
| the amount and prioritieS OF certain claim
| against the bankrupt.
= IN the case Of Leandor Woodson, Emmet
Crump, the assignee, was ordered 10 o
summoned to appear on the 9th day OF Ma
e and show cause, if any be can, why he shoui
!, not l.e fined and attached for his conteHi
) III not comp Ing WIN lucoiucl vi eb> ~.
o requiring him TO make settlement OF n'
accounts az assignee of said bankrupt.
Acalust tie Dollar Savings Bank 4o
= proofs Of debt have been filed with the kee
i lister.
o Judsc Hughes will go to Norfolk to-day
q will return next week.
81 SUPREME CouRT OF APPRALS.-The folo"
: /, ins busipess was transacted in the Suprcm
= Court of Appeals Yesterday:
Ruford us Pollok's administrator, Pollok
administrator Us. Sutherlin, Jones, <Sc. u
= Adams ct ais. Petitions for rehearlngs Il
RI these three cases were denied.
I Fultx us. Davis ct ais. Appeal allowed iron
;, Il decree of the Circuit Court OF Nelson
! {Staunton case.
Lexington Savings Institution Us. Francs
= A. Smith. Appeal refused to decree Oh III
/ -isCircuit Court of Rockbridge county,
A CnED ACCIDENTALLY PoIs0SRD.-A cas-
+ Df accidental poisoning occurred iaesda,
!. 1T Mr.. S. N. Davis's, who resides about ont
and haE miles from the city. An interest
: ing little chiId, about eighteen mouths OLD
{. daughter of Mr.. Ryland AcIYeai, IN pay
iog about the room got hold of a bottle con
, tsning ,aixturc Of Of aconite, beliadona
aEd choroforM (Which is a deadly poison}
thinking it Was something nice, she took Z
considerable swallow &c if, and was imme
diate!y taken wish commissions, which lasted