The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-10-09
Il Is useless to continue this matter OF ex.
animation OF accounts any longer. and

L
animation OF accounts any longer, and ]
would like TO make statement. The evi.
dence OF the Commonwealth witnesses
here, who have sworn 10 the facts them
selves, make 1t impossible TO involve Mr..
Lee. the prisoner at the bar. In criminal
charge. II il sworn to by Mr. Wilkinson
that Mr. Lee did not issue the cloth.
ing; sworn to by Mr.. Tyler, the Common.
weaIth's witness. that be issued nearly all
OF Ii; hat he kept the account or memo
randa OF these various issues OF clothing 10
the prisoners, and that he made out that
account-that report from which these sc-
couGts that 90 10 the Auditors Office were
TO have been made out. It is also sworn to
by Mr.. Lacy that be, during his time, issued
clothing and made report to the Sergeant,
and then the other deputy swears
that be made out the account from
this data then furnished. Now, l say,
we might stay here till doCmsday and
we could do nothing with this case. It is a
matter OF account between the Sergeant and
the Auditor. With this j, as an officer OF
this court, have nothing to do. Ii IL not
The duty OF this Court TO inquire into the
question and determine the question
whether there has been an oyer-issue, and
surely IL does appear from the accounts
that the prisoners have received more than
the law allows; but that is not the
question with which this court, sit
ting us q criminal tribunal, has to do.
Ii is as to whether there Il any eriminality
OF The Sergeant Of the city OF Richmond,
and ! say that the evidence coming from
the Commonwealth witnesses proves that
he not only did not make out the account,
but from the mode and manner in which
the business was conducted, 1t was an i'm
possibility for him 10 have known whether
1t was correct or incorrect, and therefore
1 say 1t would be perfectly idle TO con-
tinue this investigation any longer. so far
as this court is concerned. Mr.. Wise said,
further, the matter would be the subject
for civil prosecution. He concluded by
asking the jury TO find verde, OF not
guilty.
The jury accordingly rendered a ye'dict
OF "not guilty" without leaving cir
seats.
STATEMENT or JUDGE CHRISTIAN.
Immediately afterwards Judge Christian
said that ii the Commonwealth Attorney
had no further testimony 10 offer there was
nothing for the jury TO do but TO find
verdict OF "nOt guilty." He said, further,
~ Il
OF the court, with reference 10 these ac-
counts OF the Sergeant, had been referred
to, be deemed it proper TO say that when
he came into Office he found that the prac-
tice OF the court from its foundation had
been to trust the Sergeant, who was sworn
and bonded officer land to whom the law
contiled the more important duty Of
maintaining the prisoners. three fourths
OF whom were in the iail from the Police
and other courts, and as TO the number,
&c, he was compelled to rely only on the
oath Of the Sergeant), with the duty OF fur
nishing such clothing as was necessary for
the prisoners during each month. That the
account for such clothing for the preceding
month was brought to him at the beginning
OF the following month, each account was
carefully examined oy him, and as there
was nothing on the face OF any one OF them
TO show that more clothing was issued to
any prisoner than the law allowed, and as it
was impossible for him TO remember from
month 10 month what prisoners had been
furnished with clothing, he bad the Ser
geant sworn to the correctness OF the
accounts, and certified them TO the
Auditor for payment; that he had fall
len into this practice simply because it
had always prevailed in this court, and was
universal in the courts OF the State as far as
he was advised; that he was satisfied now
that the practice was liable to abuse, and
that he had taken steps to prevent any fur
tber errors, and would do all in his power
as an officer and man TO correct any abuses
that he could ascertain to have been com.
mitted in the past.
Soon after the trial ended Sergeant Lee
received congratulations from many OF his
friends and acquaintances and left the court
room.