The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-13


Case Confined Until the First Monday in
January; Bail in $500 Renevst.
The Hustings Court was opened ye~ter-
day morning. with the Hon. George l..
Christian Oh the bench.
After the Clerk. ". =. Lawton. Esq.
had read the minutes, JF FsZe Christian, ad-
dressing Mr. VIII md - Hubard-the
former Comfaonwealtlrs attorney; the
lafrer Of counsel for defence-said that the
case n the Commonwealth against :.
Brown Allen was fixed for to-day -vester-
dayl. and that be had invited Judge Aiken,
of Dauviile. 70 IL therein. He then sur
rendered his seat cl the bench 70 Judge
Aiken.
TWO HOURS DELAY.
Mr.. WITT aid that there were -orne Of
The details II the case which he had not
exactly perfected, and be asked that Il be
deferred till ! O'Clock.
Judge Aiken asked if defence hsd any
thing 70 -ay.
They made no objection. and the court
took reoess till y O'Clock, II which hour
tie grand jury was 70 meet, proposing
after i 70 take 4 further recess till
O'Clock.
TUDGE AIKEN.
Judge Aiken seems 70 he about thirty
FIVE years Of axe. IL T. tail and stout; ha-
4 forid complexion and sandy hair. and
wea-s 10 beard. he VS. born in North
Carolina. and j. iud-e n the Corporation
Court q Danvilie. and j. evidently a man
q learning and firmne-s.
TBE CASE rSDER CONSIDERATION.
ON November II John I. smelling Wa
appointed iy the Auditor q collector o. de-
ilquen. personal take. for Eichm0ud.
Jame- ". Han had previously been ap-
pointed q collector 4 delinquent personal
taxes Tor Richmond. On eiec;i0n-day GO
vemier I'll -ome of the judge q election
wrote 70 judge Christian asking If >1el-
lins's receipts were legal. Judge Christian
sent over q the Capitol. % tie otiire ~ The
Auditor q Puhhc Accounts, 70 inquire d
10 the authority FOR the appointment Of
Smelling and FOR the evidence n hi quaii-
featicn.
After ,ome correspondence between
Judge Christian and the Auditors Office
flr. IS. Z. smith acting ior the Auditor.
sslo was 10 Augusta, Mr.. >nelin-'- bond
wa- sent a. Judge Christian. Nr. smith
found Z % -he Auditors dc-k. Judge
Christian instantly SAW tlat tse ink on il
was scarcely dry. ard called the attention
Of TWO gentlemen who were IN biz office 10
that fact. II was dated November /: whe-
thCr that particular part in which the date
wa freshly written &. not now
distinctly remembered ty the witnesses.
The grand jury upon inve.rigAtin-th tie mat
ter found ample evidence that though u
G Tte November 1t thr bond was in fact exc
cutcd November 1th. Mr. smelling was
indicted FOR forEirg The date of the bond.
Auditor Alien tie sane DAY being required
O. ring the bond into court, came and an
.Wered that Smelling had settled Up hi- ac-
-0Un. and be bad "a couple 1i days after ile
electionl returned the bond 20 smelling.
judge Christian pointed ont 10 Nr. Allen
.hat De- had violated the law in several par
.icular-. and orsered the eaIth's
attorney % call the attention # the grand
my On the facts and the Sergeant % hold
NJ. Allen Til be gave $500 bail 90 answer
ans indictment Thar might hc found.
IL was stated Yesterday l.. Il such = The
nYaTiable practice oi tbs c0u1, when
.he fact &, brought 10 the knowledge of
Judge that "a offence ha- been committed.
md that the ,ame j. done without Respect
20 persons.
THE GRAND JUBT.
At J. O'Clock Judge Christian pre,id-
nel tie grand jury L. L. Bass. foremsnl
we're called. and retired 20 tLeir room, and
bout ! O'Clock they returned oEe t-ue
I'D against John y. Sreliinc and fir0
.-ain,t =. Brown Allen.
These were indictments o. formerly
1u-d. excepting that Nj. sneliinc's name
y4, correctly spclt->nelling instead Of
,neiliug'.
sT. NTSFoED', OFF1cE
The Commonwealth Attorney stated
h.t De was in correspondence with the
-nited state, District Attorney in refer
zee % the charge, of perjury snd forgery
D tle CfIice ri Mr.. Muui0ri. ard be- had
DE- promise OF certain paper, fcr Thur .
iay.
He asked That The grand jury be Il
aunei -il Friday morning q II clock.
sd icb wss accordingly done
TIE AUDITOR. C4sE.
Jud-s Aiken resumed Li. SEA; ca the
fench about O'Clock. and the Witnesses
0r The Commonwealth were called. Mr.
n. l.. smith did not answer. and was sent
0r. Er. Wit saving that Dr. could not do
without him.
ARE VOU READY:
Mr. Smith soon came into court.
Then Alr. Witt asked defence. d" Cen .
lrmeu. are yOu al ready
NJ. Alien was seated Il the tar with bis .
.oun.el. Messr.. X. T. HUBBARD and Edgar .
Allan. Mr.. Flanagan ? 81 POWh2tan, and
Judge Maddil. and they put their heads .
ocether for whispered conference.
Nr. Win slG be would take Up lrst the .
.a.e ehsreing accused with destroying q .
uhlc record. Defence asked 10 see the
Indictment. II was handed Mr.. Allan.
Then Mr. Allan asked Tor q continuance.
aving that accused up 70 this moment lad .
lad no opportunity oi seeing the inGici-
nent. and that the record shows that no
lrocess had been issued against hiIn upon
M indictment. This Indictment upon
which he ! 70 be tired has been but few
moments returned from the grand jury.
ifr. Allan said that the Auditor wa held 4
lere only upon summons Is a witness;
lot upon process. For these reasons he
.sked FOR 4 continuance.
Mr.. Wit .aid that this Indictment does
,ot differ materially from the other. In \
he frst one Mr.. >nelling's maine vas
pelt with al S.
Mr.. Flannagsn Can you spell Il without
u.
Mr.. Witt. Yes. Il YOU spell il backwards.
Mr.. Wit raIniIined thsi Il wa not the
,ractice IN misdemean0r case, where the .
,srrv Is in custody, 10 have an additional I
,roc,.ss served upon him. This i no sur-
yrise 10 Nj. Allen. aid Ar. VIII bui 4 ?
.ouusel do really want 70 examine tie IL
iietnent ana consult he would net object +
q a few days' delay.
PROCESS.
Mr.. Flannaszn coDplimented Mr.. Win .
no, hs ability and sagacliy. Gnd sid Tor \
- - l.. 4...r.I.L--- l-..l :