The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-26

MARCH rs, 1874.
ing those things which the Law authorizes or
}fequires to be recorded; but the warrant
book OF the sinking fund Is such public
record as may be the subject Of forgery.
"2G gThe law does not require the Second
Auditor Of the Commonwealth of Virginia
to keep record of warrants issued to the
Treasurer of the State for payments of money
on account OF the sinking fund, provided
tor by the net of the General Assembly of
Virginia of March 80, 1871.
! I'D. In order to convict the prisoner of
Inc forgery with which he stands charged
.ne jury must believe from the evidence that
ne committed the &C. of forgery, as charged.
wna intent to deflaud to the prejudice of
"4th: The jury are instructed that thew
must aisregard all the evidence of the wit.
nesses ior tue Commonwealth introduced to
prove The number of bonds which ought to
belong to the sinking fund. so far ns snch
testimony was derived from the warrant.
book OF The sinking fund kept by the Sec
ond Auditor, and alleged TO have been forged
by the prisoner, unless they believe that The
said witnesses could speak OF the number of
| bonds from their own memory after having
| it refreshed By reference to said book: but
such book is of itself evidence to be con-
sidered by the jury in this prosecution in
connection with other evidence.
Goth. The jury are further instructed that
they must disregard ull the testimony OF the
witnesses for the Commonwealth introduced
to prove the number of bonds which ought
| to belong to the sinking fund, so far as such
| testimony was derived from the orders from
| the Commissioners OF the Sinking Fund,
signed by the prisoner as secretary, and di-
| recting the Second Auditor to issue his war
rants, which orders were offered in evidence
| by the attorney for the Commonwealth, un-
| less they believe, further, that the said wit.
nesses could speak OF the number Of bonds
from their own memory after having it re-
| freshed by reference to said orders, but the
orders themselves are evidence before the
Jury to be considered with other evidence in
this case"
THE ARGUMENT.
Mr.. Wise opened for the defence, and pre-
ceeded to say that the case was one OF no
ordinary interest. He hoped that the jury
| would give their patient attention, even
though they bad been detained from their
| business and their families so long. He
called upon them as pnblic-sprited men to
execute the laws with that frmness which
they as citizens of Virginia should use. He
felt sure that enough had been made known
to convict this prisoner. The counsel on the
other side had spoken yesterday of this mat
ter being all in fog, but he believed that
they would be glad indeed if 1t could be en-
| veloped In fog-if o blanket could be
thrown over the whole matter.
MIR. Wise then proceeded to review the
testimony of the several witnesses, and to
say that 1t was well-known fact that On in.
Yestigation by legislative committee had
been going on for some time, and that this
committee had not said that there was no
detalcation. This defence could have easily
brought in q statement from this committee,
if they had made any, to show that rfone OF
the bonds were missing. He did not care
about Mr.. Coleman or Mr.. Mayo; but there
was no fog about the fact that these
officers had never been authorized
to change consols into peelers. Aud where
has the difference gone to? Mr. Coleman
(said Mr. WIse), has practiced a lie through.
out the whole of this transaction, for when
Governor kemper had him up before him
and asked for the record it was not produced
and it has never been produced. DIR. Cole
man certified on. the orders which have been
shown here that they were extracts from the
records. Is not this practicing a: fraud
There is fog, however, continued Mr.
Wise, for you never knew q thief who didn'
endeavor to throw fog around his transac.
tions. -. ~.
MIR. Wise next reviewed the conversation
between the Governor and the prisoner or
the evening when Mr. Coleman was told thai
he was suspected of gambling with State sc
curilieS. liza Governor of Virginia had said
to him what he bad said TO this prisoner be
would not let his head touch pillow until
| he had vndicated his honor.
| MIR. Wise then spoke Of the several
amounts which had been derived by the eX.
change of consols for peelers, and which he
SAID had never been accounted for. These
transactions are not explained, though the pri
soner has had ample opportunity to explain.
There is not man on that jury, SAID he,
who can doubt that William ID. Coleman is
guilty of the crime which is here charged.
AS to the other matter, he confesses it. He
confesses that bis hand made that erasure
upon that book. Do you believe that a sane
man who is innocent of crime will sit
right by these officers and not call their at
tention to so palpable an error? No, sirs
| he sat there and no explanation was made.
| The spot of blood was there, and it could
not be washed out. 1t came up like spirit
from the vastly deep to damn him! Not
until it was found out did he say that he did
Lit, 1t was William Coleman who did
this and revelled as gay Lothario in the
faro banks Of Richmond. He goes to bis
room, and after having robbed his State, en-
deavors to take the lie which God gave him.
Why was that pillow crimsoned with that
blood? Why did he try to thrust that
knife in a jugular vein or near it? He was
sound asleep when Colonel Mayo went to
see him, but when Pat. Woods went to ar
rest him, he said, "I know what you have
come ror-Colonel Mayo has been here"
| Will any man tell me that William Coleman
was out of his mind. No; be sits here as
| sound in mind as any man upon that jury.
| In conclusion, he said he hoped that the
| iury would discharge their duty fearlessly,
and to the fullest extent of the law.
| NIB. ROYALS REMARKS. .., =.
| Mr.. Royal followed Mr.. Wise in behalf of
the accused. MIR. Royal said he had no
doubt that the jury had been as much enter
tanned by the nervous cioquence of Mr..
| Wise, his learned friend, as he had. He
thought, however, that the case would be
much more easily solved If he had followed the
legal evidence in the case, lie (afr. ROyalD
| thought he could prove to the satisfaction OF
| the jury that the prisoner is not guilty, and
| that if possible they would say even more
than that, if it were admissible. The Com
| monwealth, he said, had undoubtedly proven
that the. prisoner did make the alteration; ;
but did he make it with the intent to de-
fraud? That, be considered, was the ques-
t;on ho diconccod