The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-17

Starke, and Wortham. .,@. = @.s.g
ALI these witnesses voted at the First pre-.
cinct in Jefferson Ward, read their ballots,
and saw them deposited in the ballot-box. :
The hour Of 10 O'Clock having arrived, the
notary public (Mr. Ward) informed the
counsel that he bad to leave.
Mr.. o. G. Kean, another notary public,
was sent for. @ s#tE
James q. Gardner voted for Knight, Starke
and Wortham. - ~ -'
John X. Martin voted for Knight, starke,
and Smith.
REApY.XADE DEPOSITION.
Mr.. Martin cross.examned by Mr.. Stiles !:
State whether you did not come here with
your deposition writteHont on one OF the
blank interrogatories, such as are used in
this case, and in answer to questions on your
direct examination proceed to read this de-
position, pre- pared beforehandy
Answer: l did.
Question: Why did you prepare your de.
position beforehand? -..----..-.~---...
Answer: l thought 1t would save the
clerk the trouble of writing.
Question: Why, then. dld you not offer it
to the clerk, but proceed to read from it
yourself? ---e.-~----
Answer: For the reason that be did not
ask for it, and | saw the clerk have one Of
the same sort filing up my statement.
Q. Was the reason you have given the only
reason you-had for preparing your deposition
beforehand? = 800 -. t-
A. Ia the main it was. bad no other
reason than to save the clerk trouble.
Q. If you mean to say this was your only
or main reason, then why did you not offer
tie deposition TO the clerk ?-------~--~----
a. l have answered that question before.
@. Why did you refuse to give it up and
attempt to conceal it, putting it behind you,
when insisted that you should take blank
form containing the questions without the
answers? r.
A. / did not attempt to conceal it from any
body, to my knowledge. have nothing to
conceal in the statement which am now
giving.
@. Do you mean to deny that you sput
your prepared paper behind you when l
advanced and offered you instead Of 1t one of
the blank interrogatories without answers
A. do deny 1t enphatically.
MAJOR sTILEs's STATEMENT.
Major Stiles here requested the notary to
record the following statement made by
hlm-to wit:
"Seeing the witness reading from paper,
and perceiving there was writing upon the pa.
per, at first supposed the witness was read
| ing the questions merely from the completed
| depositions of some preceding witness; and
| thinking there might be suggestions con-
| tained in such deposition which in such q
! case 1t would not be proper for the witness
| to see, I took from pile near me one OF the
printed blanks containing the questions but
no answers. / offered that to the witness in-
stead of the paper in his hand, probably
holding out my hand to receive that paper,
intending to lay it on the pile of the testi.
mony already taken. AT the same moment
Mr.. Neeson also offered the witness one of
these blank forms. He did not at first take
either the paper I offered or that which
Mr.. Neeson handed him, and put his own
paper behind his back as if to prevent, and
did prevent, nay seeing it clearly and it was
not until this moment that / understood 1t
was his own deposition, prepared before
hand, which certainly regarded as improper.
I DO not mean to imply that either OF Col.
onel Knights counsel saw that paper In The
witnesses hand, or knew what he was doing
any better than did"
COUNTER STATEMENT. III
To this Mr.. Wise, with the consent of his
colleague, Mr. Neeson, appended the follow
ing rejoinder:
g Counsel for Colonel Knight objected and
still object to this effort of Major Stiles to
inject into their depositions any statement
BIZ him or any ore else unsworn to, whether
il be offered as the statement of counsel or
otherwise, and deny that any such state
ment so made is legal evidence or entitled to
any weight or consideration; insisting that
whatever its purpose may be, its effect is to
binder, delay, and impede the legitimate in
quiry before this notary. Even II Mr.. Sties's
reputation for yeracity be und0ubted, 1t is
insisted that such statement so made,
without an oath or the privilege Of eXamI-
nation, Is simply nullity."
.rs Mr.. MARTIN EXPLAINS.
Cross-exanination resumed by Mr.. Stiles:
form on which you wrote out this depositicD b..
A. got it in Mr.. Wise's office.
RE.E1AMINED.
Reexamined by Mr.. Neeson Will you pro.
duce aud file with the notary your So
called deposition alluded to in your cross
examination, and state whether Mr.. Knights
counsel has ever seen 1t?
Answer: I will produce and do now file
the deposition, which the notary will mark
"J.K.M i suppose Mr.. John S. Wise
saw it in the other room, where depositions
are being taken in reference to Starke and
Tanner. Mr.. Neesen never saw the paper.
: By Mr.. Wise: Did you not testify in the
case between Starke and Tanner with that
paper in your hand?
Answer: did.
RE.Caoss EXAMINATION. N,
! BF Major Stiles: In whose handwriting IS
the paper marked "J. X. NJ" and how dld
1t come 70 be prepared?
/ Answer: 1t is in my own handwriting; as
before stated, to save the clerk the trouble
of rewriting it. g"ss .,.s....t
Question What, If anything, did Mr..
Wise say to you when he saw the paper? a.
Answer: Mr. Wise said that 1t could not
be ased in the deposition now taken. <
By the same. After this Injunction from
Mr.. Wise, how could you then have brought
it ia to save the clerk the trouble Of writings
as you have vice sworn that you did, once,
in your answer TO the second question IN
cross. examination, and again in answer to
the fourth question in cross-eXsmtnatlon,
and, lastly, in apsWer to the first question in
the re-cr0ss examination.
Answer: used the identical paper In the
case of Starke and TsHner. and there was no
objection made to &c by Colonel Holiday or
py5ody else; and j merely brought Il in,so
that my statements should not conflict. Ine
paper was prepared By myself, and 10 tbe
main you will fud tHt the deposition an-
swered In the printed form Is the san'e now
made.
HOW THgY VOTED.
G. M. Nicol, O. "a. Russell. .. q. Smith,
md Robert Carlthers voted Tor Knigd,
Stsrke. and Smith. 8 5 &, All
Mr.. Keen retired as notary about O'clock,
Ind Mr. Danfnrth took bis place, and opera.