The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-03-20

THE CRIMINAL CHARGE AGAINST SENATOR
MADDOX-THE CASE QUICKLY DISPOSED OF BY
JUDGE GUlGoN.-ln the Hastings Court yes.
terday morning, Senator Samuel r. Mad
doX, of Chesterfield county, was arralgned
On an indictment charging him with stealing
S42, the property Of Robert Beattie, of Man
chester. The accused pleaded not guilty.
and Il Jury was sworn in. His counsel, Cap
tain George ID. Wise, suggested that under
the State Constitution member OF the Gen.
eral Assembly could not be subject to arrest
during the session Of his house except for
treason, felony, or breach of the peace.
Judge Guigon ncgatiYcd this proposition,
and the witnesses were sent for and pro-
cecdingS commenced.
Hon. John Amber Smith, late member Of
the House Of Representatives for this con-
gTessional district, was put upon the stand,
and testified that be had several times loaned
Mr. Maddox money during 1Sl2-'I3, and
held, among other obligations OF Mr.. Mad
doX, his note for S325. In September, 1874,
Mr.. Maddox gave witness an order upon his
pay rs senator for $3.50. He was to receive
the per diem of Maddox for the last eight
days of J ,nltlry, last eight days Of February,
and the last nine days of March. This 500
he credited upon the note for S325. The order
was given to Mr.. Smith under date OF the
% Of September, and was probably sent to
him by mail, and on the 30th Of September
witness transferred the order 10 Mr.. Robert
Beattie, postmaster Of Manchester, in con-
sideration of SI45 paid by the latter's check
upon the Planters Savings Bank. Before
the first instalment was due witness Qhcn in
Washington received from Maddox letter
earnestly requesting him to withdraw the
order, as his (MaddoXs) family necessities re-
quired him to have the money. Smith got
the letter about the Goth OF January, and an
swered it kindly, resretting that it was not
in his power TO arrange the matter, as ne
had sold and transferred the order to Beattle.
In answer to questions put by Mr.. Cabell,
Commonwealth attorney, witness said that
Maddox never denied that the money be-
longed 10 witness, but asked that the order
be withheld on account OF the necessities OF
his family.
Captain George D. Wise questioned the
witness to show that Mr.. Maddox when be
rescinded the order-or, at least, suspended
It's execution by drawing from the clerk OF
the Senate his per diem certiticatc--Was not
aware that the order had been sold by Smith
to Bcatte, and that he had every reason to
believe it probable that Smith would comply
with his request by withholding the order.
Judge Guigon asked Mr.. Smith few
questions, got the answers, and then dis
missed the case, saying that the order of an
officer Of the Government doesn't transfer
his pay, and that however great the moral
obligation in the case might be there was not
such a legal obligation as to justify further
proceedings.
The jury gave verdict of "not guilty -
and Mr.. Maddox was at once discharged
| from custody.
Mr.. W. +. Giddings, who acted with Cap.
tain George D. Wise as counsel for accused
asked 10 be allowed to make a statement.
Judge Guigon said the case was ended, and
he desired to hear nothing more about it
| So Mr.. Giddiugs took his seat.
: What he wished to say was that Mr.. Mad
doX, Immediately upon receiving notice that
the order was transferred to Mr.. Beattie
refused to use or to appropriate the money
he had drawn Qorty-two dollars, and As soor
as he (MaddoX) could come to the city from
the sick bed of his wife placed the money ir
his (GiddingS) hands, and that he had it still
aud was ready to pay it over to the lega
claimant.
Soon after the parties left the courtroom
MIR. Giddings paid MIR. Beattie the S42.