Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-10-16
THE TORN NOTE.

Bill Of exceptions No. raises tAe
question OF the admissibility Of a cer-
tain note alleged TO have been written
by the deceased TO the accused. Says
the petition The record shows that
the Court had rejected this note, but
upon q motion for rehearIng by the
Commonwealth the note was admitted
and read 10 the jury. To this the
accused excepted. All the evidence
touching the admissibility OF the note
is found in the testimony Of Joseph Il.
Dodson Inow deceased-Dispatchl.
clerk al the American Hotel. and In that
Of Hunter Hunt, q colored otiice-bOy al
the same hotel. The history Of the
note, as given by them, IS this :
About II O'Clock IN the morning
Of March 18th q boy brought note foI
the occupant OF Room 81 Registered a.
Miss +. 1. Merton-DisDatehl. This
note was handed by Dodson TO Hunt 10
be carried 10 Room O.. 1t was taken
10 the occupant Of that room, and she
wrote and sent back q note by Hunt
which was delivered bv him 10 the boy r.
who returned IN about five or SIX min
ute.. and delivered what Is assumed to
Toe the same note tODOdsOn. who placed
il OF the desk in the Office. where II
remained until Saturday night, when he
tore It up and threw ii in the waste
basket.
TN Monday the fragments were col
lected and constitute the note IN evi-
dence and read to the Jury. The hand
writing OF the note is testified TO by
the father as that Of deceased.
In admitting il the Court grounded
its decision upon the fact as found by
itself-that the note had been identified
As the note delivered by the occupant
Of Room 81 to Hunt, and bv Hunt 10
the colored boy. then by the boy 10
Dodson.
Il will be noted that the boy was
never offered a. a witness. though II
seems that Wren brought boy to bod
son TO identify as the one who brought
the note, but DOdson did not recognize
him. Ii will further appear that Hunt
did not see 70 whom the note he deliy-
cred 10 the boy was addressed. or that
II was directed at all. His whole tes-
timony to identify the note delivered 10
the boy consists II the statement that
he identifies q cream-colored envelope
as beng the envelope he gave 10 the
boy. Dodson s whole testimony on this
point is that he saw Hunt hand note
10 the boy. which Is described first as
beng in 8 white envelope and then g.
being in , cream-coloreo envelope. He
never had the note in MS hand
until II was brought back by the boy
and handed 70 him. He further stated
before the Coroner's jury on the 2lst OF
March that the hour Of this transaction
was A. NJ. while Hunt fxes the time
81 about II o'clock. DodSon saws now
be was mistaken as 10 the hour. Ii will
be further noted that neither DOdsOn
nor Hunt pretend 10 have seen the COD
tents Of the note (which was read 70
the jury when II was delivered to the
boy. Dodson teStifies that before be
tore NJ the note on Saturday night II
contained two sheets OF note paper.
A few little scraps only were found IN
the scrSp-basket. and these have no
signature He stated also that before
tearing up the note he read 1t. and i;
contained the writing found on the
scraps and no more.
Ii rs respectfully submitted lssys the
petition from which all the above
rs taken that if the proof OF identity
alone would authorize the admission Of
the note las il would not IN law this
evidence is utterly insufficient and IN
conclusive to establish, as II was held
by the Court It did establish, the idcn-
tity OF the note offered rs the note
given by the deceased 10 Hunt and by
him 10 the boy, and az the note brought
back by the boy. The whole question
Of admitting the note IN proof turns
upon and ls supported alone by the
identification Of an envelope which
Hunt had IN his hand bat for few mo-
RentS, and which he did not again have
IN his hand until torn and mutilated
several days after it had been tished
from q waste-bSsket. Dodson never
had the note in has hand At all until it
was returned.
Upon the evidence lsays the petition)
the Court rules that the identity of the
This note read as follows:
i viii be there ~ soon ~ possible. so do
wstt for me-"