Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-04-28
THE HUSTINGS COURT.
TRIAL OF SMITH COMMENCES.
Tedious ExamInatien--A. m. Brcwneirs
Tsssimeny-Audisor sIersen Marie on the


Judge Atkins took his seat on the bench
Of the Hastings Court. The talesmen
summoned to be present were in the room,
and after being sworn one at the time
took the stand, and finally five Jurors
were found. Messrs. Joseph Delarue,
John p. Quarles, John w. Sarvay, and
julius A. Hobson were stricken OIL,
and the following jurors were sworn :
Edward NJ. Noble, GA. Hyslope, Will
liam S. Preston, Emanuel Currant,
Brooking Samuel, Andrew j. Bowers,
James F. Gatewood. John p. Adams,
David Iseman, Robert p. Boze, John
ii. Beveridge, and A. NJ. Gum.
William X. Smith was already ip
court, accompanied by his counsel.
He looked composed and paid strict at
tention TO all that was occurring.
Mr.. Samuel Il. Witt, Commonwealth's
Attorney, was in his seat.
The case against Smith which was
being put on trial was that growing out
of the transaction Of A. NJ. Brownell,
State Weighmsster Of Live Stock, with
w. r. Smith, head clerk in the Au-
ditor's Office. Nr. Brownell held re-
ceipt from w. X. Smith for s245.l3,
paid in money and vouchers as dues to
the State from the cattle-scales. OF
this amount sll1.56 was paid in youch-
ers in the shape Of receipts paid
by Mr.. Brownell for repairs to
the cattle-scales and for ofilce-fixtures.
After Smith was arrested on account of
the Valentine and Petersburg bank case
the Auditor discovered q discrepancy
in the Brownell settlement, TO the effect
that pay-in warrant for slll.26, the
amount charged for repairs, had been
drawn out of the treasury and never
credited on the books Of the Common
wealth.
Mr.. Brownell was the first witness
sworn. He took the stand, and, in
answer to questions by the Common
wealth's Attorney, said that he was
State Weighmaster Of Live Stock; that
his duties were to weigh all live stock
brought to the city and intended for the
shambles. He said that when he en-
tered upon the discharge of his duties
he found certain repairs needed at the
scale-house. The work was done under
the supervision of the Superintendent Of
Public Grounds and Buildings. The
bill was approved by an employee in
the Office of the Superintendent Of Pub
lie Buildings, who directed him to
pay the same out of his fees, as the
Auditor had so ruled. The bill amount
ed to slll.5G. He paid the bill, and
on September Q, 1884, when he made a
settlement with the Auditor for the
months Of May, June, and July, he
paid MIR. w. Il. Smith sl33.57 in cash.
and vouchers for the payment Of
$ll1.56 to Henry Richards for repairs
and - Tyler for oiiice-fxtures, and
received from Smith a receipt for
S245.l3. On the day Smith was arrest
ed he (Smith) told witness that some
irregularities had been found in his
(Brownell's) account. but that he need
not be uneasy, as it could easily be
fixed up.
To questions propounded by Judge
Crump the witness said that the reason
he paid the bills for repairs, &C., out of
his fees instead of out Of the general
fund in the treasury was because he
had been directed to do so by repre-
sentative of the Superintendent Of Pub
lie Grounds and Buildings.
Mr.. Dinneen handed the witness a
paper and asked if it was the receipt
which he had received Of Mr.. Smith
when he made the settlement.
Mr.. Brownell said that it was.
Mr.. Dinneen requested the witness to
read the paper. Mr.. Brownell read:
" COMMONWEALTH OF VIRGINIA, !
"OFFICE AUDITOR OF
"PUBLIC ACCOUNTS,
"RICHMoND, VA, Sept. Q, 1884.
Received of A. NJ. Brownell, weigh
master, Richmond, Va, the receipt of
the Treasurer of the Commonwealth
for two hundred and forty-fve dollars
and thirteen cents on account Of fees
for May, June, and July, 1884.
"WILLIAM K. SMITH. Clerk"
Mr.. Dinneen: Did you give Mr..
Smith the Treasurer's receipt as stated
in that paper?
Witness No, sir. ! paid him
sll3.57 in cash and vouchers for
slll.56.
Judge Crump asked witness if there
was any law authorizing or directing
him to pay the Auditor or his clerk the
money due the State.
"None that | know Of" said Mr..
BrOwnell.
Colonel Morton Marye, Auditor of
Public Accounts, was next sworn and
put on the stand. He explained what
his duties were. He said that knowing
that Mr.. Smith had been in the Audi
tors office twenty years, that he looked
upon him as an adviser. Mr.. Smiths
duties had been Of a diversified
and responsible character. He settled
with clerks Of courts, railroads, nota-
ries, and insurance companies. He said
that when his attention was called to
the Irregularities in Mr.. Brownell's ac-
counts he mentioned the matter to Mr..
Dinneen, one Of Mr.. Smiths counsel,
and about three hours afterwards Mr.
Smith, who was at that time at his
desk in the Auditors office engaged
in examining his papers, came
to him and made a statement ex-
planning the irregularities. He said
that the books showed that Mr..
Brownell had paid twice for the month
Of April, and that he (Smith) had drawn
warrant for the amount which ap-
peared to be due Mr.. Brownell, and had
gotten the money out Of the treasury
for the purpose Of returning it to Mr..
Brownell, and he exhibited some money,
saying that it was the amount which he
had drawn out Of the treasury to re-
turn to Mr.. Brownell that he found it
in his desk that morning, where it had
been ever since he had drawn it.
For two hours Judge Crump exam
ined Colonel Marye, and at times the
talk was very lively, but no new facts
were elected.
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