The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-05-05

last night the court was adjourned until IL
O'Clock this morning.
The case will certainly be given to the
jury to-day.
The court was calfed to order at 1920.
Judge Guigon invited Judge Bell, OF Cul-
pepper, to seat on the bench beside him.
Mr.. Frank Binford recalled.
Q. BY Mr. Burlington "a juryman):
wish to ask you if you are certain that you
gave Colonel Crittenden Arthur's warrant
for thirteen days pay?
A. No, sir; I am not certain.
Mr.. Arthur recalled.
Q. BY Mr.. Burlington Did we under
stand you to say positively that YOU gave
Colonel Crittcnden your certificate?
\. No, sir; did not assert it positively.
only said that was my impression.
OPENING SPEECH.
Captain George D. Wise, the Common
wealth's Attorney, began his opening speech
shortly before 10 O'Clock, and proceeded to
explain the indictment, which was for forS-
ing and uttering. and to state the punish
ment therefor provided by law. Captain
Wise contended that forgery was clearly
proved. 1t could hardly be disputed. The
fact that the money had not gotten back 10
! the Treasury in these two cases was perSlla-
sive. il not conclusive, evidence that it was
not a mistake.
TRACING THE CERTIFICATE.
Commonwe wealth's-Attorney Wise next
traced this Arthur certificate from John
Bell Bigger to j. l.. Arthur direct. From
the evidence Of Bigger, from the shade OF
the ink used on the raised figures, and from
numerous other circumstances, he claimed
that it was impossible that Bigger could
have given Arthur the certificate in the con-
dition it now appears. He admitted that
Arthur might have committed the forgery :;
that at 4 glance it would seem he had as
much motive as Crittenden, and that on the
cath OF March it would have been rs proba-
bic that one should have been accused OF
such crime rs the other. But il Arthur
had committed the forgery he would have
protited by the excess. Did he? Not at
all. Arthur says he didn't get the $50. Crit
tenden says so. Crittenden's receipt-book
says so. Nor was there any mistake in the
Auditors or Treasurer's Offices. What
ever mistakes Binford may have made in
the past, he made none that day with re-
spect to this matter. When Arthur gave
Crittenden that certificate Crittenden re-
corded it in his book S1S, not S7S. So,
Captain Wise urged, the certificate was for
all that was due Arthur to date-S1S; that
in that shape it passed from Bigger to Ar
thur and from Arthur to Crittenden. 1t
was SIS in Bigger's book and SIS in Crit
tenden's, though Crittenden was not pres.
ent when the certificate was issued, did
not know how much was due Arthur, and
could only have gotten the amount (SlS)
from the certificate when handed him by
Arthur. ..
RUBBED F1GURES-ADMISsIoNS.
The Commonwcalth's Attorney, referring
to the rubbed figure on Crittenden's re-
ceipt-book "a or a y in the case Of Poin-
dexter, February oath, declared his belief
that Poindexter had receipted for but SIS,
but that Crittenden no doubt meant to alter
the receipt to S7S, to correspond with the
Z" raised" certificate. He thought, too, that
that PoindeXter forgery was the beginning
OF Crttenden's crime, and that Crittenden,
uncertain whether it would pass muster
with Binford sent it there by Cabell, a
page, though Crittendcn himself was at the
time in the basement.
The conversations between Crittenden
and members Of the House Investigating
Committee were reviewed by the Common
weath's Attorney. He was inclined to re-
ceiye rs correct the version given by Colonel
III u.
yestieating committee were, he held, fatal
to Crittenden, showing that he had gotten
the money from the bank and that be had
not paid Arthur and PoiadeXter but SIS
each, and could not account for the extra
$3.50.
As to the errors on Bigger's and Bin
ford's books, not in this but in other
cases, he maintained that they were mis-
takes-mistakes such as all businessmen
are liable to; that there was nothing fraud
ulent in them; that the errors were easily
traced out, and that the Common wealth
lost nothing. ....
In summing up, as lie did with ability,
the Commonwealth's Attorney alluded to
the fact that all the witnesses for the Com
monwealth were warm personal friends of
accused; that there were no swift witnesses
to volunteer testimony against him, and
that the good character proved was no evil
dence OF innocence. In that connection
the case Of Coleman was instanced. The
Common ealth's Attorney closed by say
ing the testimony would shew that Crittcn-
den was not only unworthy OF the good
character given him, but had added larceny
to forgery.
The commemorative Attorney spoke for
an hour and quarter.
GENERAL JAMES G. FIELD.
General James G. Field, OF Cupepcr, OF
counsel for defence, said he appeared not rs
a feed attorney, but as 4 friend bound to
the prisoner by hooks OF steel, having, like
Colonel Gibson, eat with him, slept with
him, fought with him, bled with and fell
with him. He deprecated the mention Of
Coleman's case. Because Lucifer fell that
was no reason other angels must too. De-
fence might by techncalitieS OF the law have
estopped conviction. That was not what
they wanted. They desired honorable acquit-
tai. The indictment with the several counts
in it was described as shower OF grape
shot, in the hope that one would strike;
whereas il the Commonwealth's Attorney
had been certain OF bis case he would have
fired one single sharp rife-shot. Critten-
den had felt grape-shot before and had been
stricken down. In this case he was wound
ed-sorely wounded-by being held up TO
the gaze OF the world as forger; but he
would recover. Yes, recover, even as he
recovered fronR wounds received upon
more ensanguined field, and the chief re-
gret OF the people OF this city IN rev days
would be that this young man had been IN
carcerated at all under so unjust charge.
THE PROOF OF THE CRIME AND CRIMINAL. :
General Field asserted that It was the
duty OF the prosecution first to, prove that
d paper of value had been forged; next,
that the accused was the forger. He asked
II they had proved that the Arthur certlfl-
cate was q forgery. lie held that they had
not; that when John Bell Bigger left the
stand the, case of the Commonwealth had
fallen through; that nobody could prove
that certificate a forgery except Bigger as
long as Bigger is alive. Various authorities