The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-05-25

I
Taylor to s. G.. Tinsley, Assistant Treasurer,
in payment OF license taxes. Messrs. ;.
Il. Witt and Frank s. Blair, representing
the Commonwealth, submitted their an
swer to the petition, and also the following
PLEAS
all in print:
First Plea. The Commonwealth OF Nir-
ginia by s. B. Witt, the Commonwealth 3
attorney for the city OF Richmond. comes
and defends the wrong and injury, and for
plea, says that the paper, instrument i'll
print, writing, or engraving purporting to
| be a coupon detached from bond OF the
| Commonwealth issued under the act OF
1871, entitled au act to fund the public
debt, &C., is not a genuine, legal coupon,
which is, legally, receivable for taxes,
debts, and demands due the Common
wealth, and this she is ready to verify, dc.
Wherefore she prays judgment, &c.
Second Plea. And for further plea IN
this behalf, the said Commonwealth comes
and says, that by the act OF the General
Assembly. approved April %, 1882, Ses-
sion's Act 1SSl-'2, for the assessment Of
taxes on persons, property, incomes, and
licenses, and imposing taxes thereon for
the support Of the Government and free
schools, and pay the interest on the public
debt (scction 1lj thereof, all taxes assessed
bv this THAT act upon licenses shall be paid
m lawful money Of the United States be-
fore the person applying for said license
shall be entitled to receive the same.
Wherefore defendant says that the paper,
instrument in print, writing, or engraving,
pu-portirg 20 be coupon detached from
! a bond Of the Commonwealth issued under
the act OF 1871, entitled an act to fund the
public debt, &c, is not legally receivable
| for the license named in said petition, and
this she is ready to verify. Wherefore she
prays judgment, &c.
Sworn to by ID. II. Reveley, Treasurer.
The following
JURORS WERE SWORN
to try the case: w. F. Harwood, b. c..
BAYLOR, Stuart d. Craig, II. IL. Drake,
Charles Early, Albert +. Lloyd, Thomas
r. Mayo, Joseph G.. Mettert. David L.
Lumsden, Henry Grimmell, f. T. Clopton,
and Gustavus Millhiser.
Mr.. r. l.. Maury made the opening
speech, explaining to the jury the facts OF
the case and what he expected TO prove.
Mr.. Witt. the Commonweath's attorney,
stated that in view OF the
MAGNITUDE OF THE INTERESTS
involved he had invited the Attorney
General TO give him the benefit OF his SER
vices. Mr. Blair thereupOn addressed the
| irrv. claiming, in addition TO what was
claimed in the pleas, that the coupons
could not he proved genuine unless the
bonds from which they were cut, and with
which they corresponded in numbers, were
produced.
Judge Crump, answering for the petit
| tioners, declared that the proposition as to
the nroduction of the bonds was unheard
of. and could not he sustained by any au-
/ thoritv, and that these coupons were, accord
inc 10 the decisions Of the highest court III
this land, receivable for license-taXes and
all other pubic dues.
AIr. John l.. ShacklefOrd, chief clerk OF
| the Second Auditors office, was
PUT UPON THE STAND,
and testified that he had been employed
there for about twenty-five years; in seven
wears past he had received about S1,0OO,OOO
! i'm tax-receiyabe coupons issued under the
act of 1871. In answer 10 question from
Judge Crump, he said that in all that time
he had never seen or heard OF counter
felt coupon.
Colonel Maury was about TO hand Mr..
| Shackleford the coupons in question for
| identification, when Mr.. Blair objected,
claiming that the foundation must first be
made therefor. For instance, witness
should be asked, "Are you familiar with
the handwriting Of Mr.. George Rye, and
from your knowledge OF his handwriting
do YOU think that this is his signature ~
Judge Christian said he saw no objection
to the witness looking at the coupons.
They were accordingly handed him and
were by him examined.
Judge Crump then asked witness
A NUMBER OF QUESTIONS
going to explain how the bonds and cou-
pons were issued, and TO show that the cOu-
pons here in court had never been recorded
as received for taxes, and thereupon Mr..
Blair insisted that the best evidence on that
point was the registry OF coupons, which Mr..
Shackleford said was in existence. Judge
Crump did not object, and Il subpoena duceS
teclm was issued for the production OF the
registry. Mr.. Blair then went on to de-
mand that the bonds themselves should be
first produced before an attempt was made
10 prove the genuineness OF the coupons
that not the coupons alone, but the bonds
and coupons formed the contract.
Mr.. BLAIR said that in
THE MEMPHIS CASE
mot vet reported), where the coupons were
even signed by the mayor, the court helt
when suit was brought upon them tina
both bonds and coupons must be pro
duced.
Mr.. Beverly T.. Crump was arguing
against the proposition Of the Attorney
General when the Court said that IL woul'
first like 10 hear some authority from TN
other side.
Mr.. Blair SAID that he would frankly al
NIT that he had no report OF an adiudicate'
case TO present; that he was arguing OF
general principles. Judge Christian sal.
he would gladly hear the Attorney-General
; but that he was OF opinion that the hlv
was settled the other way. Mr.. Blair sale
he would save the point, and proceeding
were suspended, and Mr.. Blair and Mr.
Witt retired to the Judges room to draw
up their bill OF exceptions.
The bill OF exceptions was framed an
submitted TO the Court.
The coupons were again handed MI
shackleford, with the request TO iniorI
, the Jury IL they are genuine. Mr. blai
objected until the familiarity OF the witnes
with the handwriting OF Mr.. George Ky
was established, but withdrew his oble'
0 ton until the cross-examination.
j. Mr.. shackleford said that In bis lud.
ment the coupon In his band is a
y GENUINE COUPON