The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-26
that It, 1--WE others were purchased Of W. Fisher
d Co., Of Baltimore. I =
Mr. Wise: Mr.. Campbell testified TO those

where fifteen Of the bonds came from. Those
purchased Of Fisher, OF Baltimore. were
numbered 4,9S1, 11,719, 1886, 13,4G7. and
IL, 400; five bonds numbered 1,365. / a6G
1867, 1858, and 1863 were purchased Of
John B. Davis four bonds were purchased
OF Branch & Co., and the balance of Colonel
Mayo. There were two other bonds in nv
name, numbered 1860 and 13,661. These
were sent to me by express from Wilson,
Colts & Co., of Baltimore, and were for
81, 900 each. I sent them to the Capitol by a
clerk, who had them registered. They were
issGed ,'en the 11th Of December, 1873. I
have never seen any of the bonds except
those two and those given to Campbell s. Co.
| Mr.. JOHN B. DAVIS SWORN.
Mr.. Royal questioned Mr.. Davis in rein.
ton to the purchase BY Mr.. Campbell (which
was testified to yesterday by him) from Mr..
Davis of certain bonds for General Johnson,
| which were spoken of yesterday.
Tue bonds, said Mr.. Davis, were really
| sold by MIR. Quarles, and the money for the
| bonds went TO the credit Of Mr.. Joseph
Mayo, Jr., treasurer In II ust. Mr. Davis fur
ther said that the numbers of these five
| bonds he did not have; didn't know what
| they were.
Mr.. Wise: Has the money been since
drawn out?
Mr. Davis Yes, sir.
Mr.. Wise: Did you ever have any trans
actions With Dir. Coleman with bonds?
Mr. Davis : No, sir; not that remember,
though L may have had other transactions
at this point the evidence in the case was
| concluded.
INSTRUCTIONS ASKED.
Mr.. Royal, addressing the court. said the
| defence proposed to submit an application
| for instructions to the jury in relation to
| forgery. In presenting the instructions Mr..
| Royal proceeded at length to argue the mat.
ter and TO urge the court to give the same to
| the jury.
The jury meantime were taken out of
court and were not returned until Mr.
Royal had completed his argument.
| The instructions asked by the defence are: :
lst. Forgery Of public record can only
| consist in forging those things which the law
authorizes or requires to be recorded.
| cd. The law does not require the Second
Auditor of the Commonwealth to keep a
record of warrants issued to the Treasurer
| for payments of money on account Of the
sinking fund provided for by the act Of
March 80, 1871.
Sd. The law does not authorize the Sc.
cond Auditor of the Commonw wealth to keep
record of warrants issued to the Treasurer
for payments of money on account of the
sinking fund provided for by the act Of
March 80, 1871.
4th. The law does not authorize the Sc
cond Auditor of the Commonwealth to issue
warrants to the Treasurer for the payment
| of money on account of the sinking fund
| provided for by the act of March 80, 1871.
After reading the above instructions, Mr.
Royall said that if they were admitted by
| the Court the case was virtually ended. II
| the Court declined TO give these instruc.
tions, he (Mr. RoyaID asked that the follow.
| ing be given:
l. 1st. Forgery of public record can only
consist in the forging of thosesthings which
the law authorizes or requires to be recorded.
Cd. In issuing his warrant TO the treasurer
| for the payment of money on account of the
sinking fund provided for by the act Of March
| 80, 1871, the law only authorizes and re-
| uuires the Second Auditor to record the fact
of issuing such warrant, the amount for
| which it is issued, the date thereof, and the
particular head of general revenue or eXpen.
diture on account of which the money is
| paid. And other statements in the record
warrant book OF the second auditor, kept by
him to record the issuing OF warrants On ac-
count of the sinking fund provided for by
the act of March 30, 1871, are not parts of the
public record.
Sd. The law neither authorizes nor re-
qures the Second Auditor to record in his
Warrant-book produced to the jury the
number of Virginia consolidated bonds for
| the purchase OF which warrant No. was is
sued; therefore, it could not be forgery for
the prisoner to alter the figures $4,000 there
| in.
4th. To convict the prisoner of the forgery
/! of which he stands charged the jury must
believe from the evidence that he committed
the act of forgery as charged, with an Intent
to defraud.
At the conclusion of Mr.. Royals argu.
ment in relation to the admiSsioility OF
the instructions, the Judge SAID he would
take u recess for half an hour in order to eX-
anime the references made by MIR. Royal.
! AFTER RECESS. ..= .i
At the expiration OF the half-hour, which
was few minutes after o'clock, the Judge
went again upon the bench, and Mir. Wise
replied to MIR. Royals remarks as to the ad-
missibility of the instructions which were
proposed to be given to the jury, as we'll as
the warrant book. ..~. Sd. -.sr"s -.
At the conclusion of Mr.. Wise's address,
| Colonel Flournoy spoke at some length TO
the court on the subject of the admiSsibity
of the warrant-book kept in the Second
Auditors Office as evidence before the jury,
saving, in conclusion, that he hoped the
court would not permit the book to go to the
| Jury; that the investigation should pe con-
tinued in the proper channels in order that
| il NAV be ,aScertalned where these bonds
have gone to, and if at its conclusion it be
proven that Coleman stole these bonds, why,
let the jury then say so, but it could not be
| done now. ...-.........E -.. ..: .t
AT this hour (3a o'clock) the Judge va
Gated the bench until +. NJ. ..a.-.. ~.
Afternoon Session. t.....t T.
The court resumed its session at 5 o'clock.
! JUDGE GUIGoN AND TIE RECORD BooK.
Upon taking the bench Judge Guigon, in
aluding to the Instructions offered in the
| morning, said that the question involved in
these instructions is substantially whether
the book in which the entry alleged to be
forged is found is public record: Counsel
have argued that the old acts with regard to
the sinking fund are abolished by the
new act of 1S70-'71. He did not
think so. There is no express repeal, and
there does Hot seem to be any by necessary
| implication. 1t seemed to him that the IN
tention of the Legislature was to substitute
| the new sinking fund commissioners for the
| old, retaining the old powers and duties I'M
| disturbed, and that the old law prescribing
the mode in which their duties are to be
executed has been continued. II this be
not so, then the Legislature has put into the
hands OF the new board large fund, with
important duties, without prescribing