The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-22
Rilllmolltl 1ispatrll,
MONDAY. JANUARY -. 1877.
PETERSBURG.

Of Mr. RICHARD BAGBY. FOR COTSSEi.LlNG
TaosBpRE, THE ALLEGED BANK-RoBBER, TO
MAKE A FALSE ENTRY--THoRBrRE's TEST.
NoSY-AN INTERESTING C4sE-EAoSEKA-
TING EvIpEHCE--qIts ACCUSED ACQUITTED.
correspondence Of the Richmond Dispatch.]
Ill JANUARY 90. 1877. 81
The event Of the day here has been the
trial OF Richard Bagby, Of the firm OF L. j..
Gates & Co.. millers, charged with "coun-
soI,;nr nrocurins, aiding, and abetting''
Samuel II. Thorburn to make false entry
in the books OF the Citizens Bank, whereby
thc SIM OF $4,000 Of the funds Of that
hank was fraudeDtly obtained by over
checking. IL being understood that this
would be the first case called in the Hus.
tiprs Court this morning, very large
crowd was attracted to the courthouse, and
q great many persons were unable to gain
admission to the courtroom. Policemen
were stationed at the doors to keep back
the rush.
When the case was called McsSrS. II. q.
Pegram and Charles S. Stringfellow, coun.
sci for the accused, announced their readi-
ness to proceed with the trial. In order to
reduce the case within the narrowest limits
they submitted motion to quash two OF
the FIVE counts in the indictment, on the
ground that they did set forth with preci-
sion aud certainty the specific charge to
which the accused would have to answer.
To this motion no objection was made on
the part OF the Commonwealth, the two
counts were stricken out, and the case went
10 trial on the remaining three. MIR. Bagby
was then formally arraigned, and pleaded
not guilty. o."
Contrary to the general impression, there
was no delay or difficulty in obtaining q
fnr nnn pI a
sixteen men called, not one Of whom had
formed or expressed an opinion as to the
guilt or innocence OF the prisoner.
The first witness called was Samuel H.
Thorhurn, late clerk in the Citizens Bank.
who is under indictment for making the
false entry and for robblng the Bank OF Pc
terSburg OF $4,000. He was advised by
the Court to say nothing that would crimi-
nate himself. His testimony was substan-
TALLY as follows
"Mr. Bagby was y member Of the con-
cern OF I. J. Gates & Co. / never knew
Fir. Gates in the matter, but Mr.. Bagby
only. The firm had kept their account with
the Citizens Bank from the time the CO.
partnership was formed. Frequently the
firm had overchecked previous to this trou-
Die. My recollection is that Bagby had
oycrchecked most OF the year 1915, but his
settled up his years business. He COM
menccd business on the present year, and
on the last Of June or first OF July his ac-
count was overchccked probably $4,000. /
informed him OF the fact, and he made it
up. Soon afterwards it was oyerchecked
again to nearly the same amount. | had
frequent conversations with Bagbv on the
subject. About the last Of September /
told him he WAS overdrawn to the amount
, OF $4,000. He made deposit OF $500,
which fixed up his account and left
4 balance TO his credit. At the time
he made THIS deposit no officer of
the bank but myself was aware that he
had overchcckcd. Bagby got the assistant
cashier to make good some checks on the
faith OF his deposit OF $780, On the first
OF October. or within few days, these
checks came in. ! then found that he was
overdrawn about $4,000. did not renort
the matter to the bank officers, and Mr.
Bagby undar-t-I, ding that had made no
report, continually told me he would make
the account all right. 1t was my business
to make report to the directors every month
the names Of the persons who were over
checked. During the months OF October
and November Mr.. Bagby continued to de-
post and to check. but the checking amount
ed to more than tie deposits. did not in
form the officers Of the matter, because did
not wish to expose or eriminate myself.
IAbont the last OF November / told Bagby
his account was increasing rapidly, and that
he ought to make it good. He told me about
his shipments OF -four to Rio, and his conf
dent expectation OF early and sufficient re-
mittances to make it up. Bagby was under
the impression (as had told him) that should
the officers Of the bank ask me II he were
overchecked would tell them he was. The
last OF November he told me he would not
be able to make good his account on the 1st
OF December, but he expected his remit
tances early in the month, and would
do so as soon as possible; and asked me
not to report him in the mean time. Decem-
Der came, and my recollection is that Bagby
nearly stopped checking and depositinS-
his account remaining about the same. /
waited a few days, and he received no remit
tances on his flour. went to see him very
frequently about the matter. A few days
before Christmas / saw him down town,
when he said he had been trying to see me
for several days; that he had passed up and
down in front OF the bank trying TO catch
nv eye and call me out, as he did not like
10 90 in there to me. He then told me that
he bad heard from the first shipment OF his
flour (about 1000 barrels), and that instead
OF making he had lost $4,000 on it. I was
fhunderstruck at the intelligence, and ask
ed what was to be done? He replied that
he did not know what to do, but hoped he
would be more fortunate with the other
shipments. was crushed by the thought
that the bank would lose the money and
be involved. / went back to the bank, but
could not work; and subsequently went to
Bagby's Office, where he was sitting in con-
yersation with some gentlemen. He mo-
toned to me not to come in, and came out
to me. We walked away to window. l
told Bagby how troubled was by the in
formation he had given me, and ask
ed him 10 do something-give deed
OF trust on the property OF the frm-any-
thing to save the money. He said he
would see what could be done. He also
stated that the report had been made that
he was broke. / said: 'Bagby, you have
ruined me. ] do not know what will be-
come Of me. will be inevitably disgraced
and ruined, and will probably be sent to the
penitentiary.' ] told him Of my wife
how shocked she would be, and that 1t
would probably kill her, and begged him to
do something to save the money il possible.
/ talked excitedly and loudly, and he said !:
& hush don't talk so loud!' I went back
to the bank; and it was then that / made the
false entry on the book. My reason for
SO doiagwas that Bagby had told me he was
broke; that, this report would soon be on
the street, and an. examination would
be made into his account, and that 1t would
be discredited when ii was discovered that;
he bad 50. large an amount to bis credit.
Bagby did not know that [ made the entry,
and had eajd uothiap IN ,f,n tknrf IL ~,