Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-04-29
SMITH ON TRIAL.
MORE WITNESSES EXAMINED

MORE WITNESSES EKAMINED.
The Evidence for the Prosecution CIosea-' 'he
Defence Almost Esded-The Argument VIII
Probably Besin TODAY.
Upon the reassembling of the Hust-
ings Court yesterday morning the case
of w. r. Smith, charged with the eni-
bezzlement of State funds, was re-
sumed. the sum involved being elll.56,
which was turned over to him by A.
NJ. Brownell, State weighmaster.
The cross-examination Of Auditor
Marye was continued for more than
two hours, alternately by Judge Crump
and Mr.. Dinneen. But little of inter
est was developed, counsel contlnlng
themselves chiefly to the mode oi set
tlemcnt made by Brownell with Smitn,
which WAS characterized as being in
positive violation Of the law, though IL
had been the usual custom.
Mr.. John X. Grimes, messenger 10
the First Auditors office, testified that
he carried three warrants to the Plant
ers National Bank on the 3lst OF Octo-
ber: among them was one for slll.56; I;
that he brought back the money and
asked Mr.. Smith to count 1t. Smith
was conversing with some gentlemen at
The time, and asked him to lay 1t upon
his desk, which he did.
Mr.. Waddill, book-keeper in the
Auditors Office, was asked by Mr.. Witt
if he kept the weighmaster's account,
and replied ailirmatiyely. Witness also
stated that his books consisted OF a
journal and ledger, and that the latter
had not been posted for more than
year when he took charge of it.
Mr.. Witt asked the witness if the
weiehmaster' account on his ledger was
correct, and he answered yes.
To questions by Judge Crump and
Mr.. Dinneen, on cross-examination, wit
ness said he knew nothing Of the
Brownell settlement, except that he
posted up the transaction from the
stub-book Of the person who made out
the original warrant. He also said that
he had made out a statement of the
weighmaster' account for Mr.. Dinneen,
counsel for Smith, which Mr.. Dinneen
wanted him to sign. He refused to do
so, and he (WaddilD took the paper to
the Auditor for his signature, and he
not only refused to sign it, but objected
TO such a paper being sent out OF his
office, as it was incomplete and did not
show upon its face what it purported
to be.
Colonel Raleigh Colston, clerk in the
Treasurer's Office, defined the mode by
which warrants were entered on the
day-book in said Office, and testified to
entering the one in question on the date
heretofore named.
Mr.. John Morton, teller of the Mer-
chants National Bank, said he received
a State deposit on the 30th day of Sep
tembcr, 1854. Mr.. Witt handed him a
deposit-ticket showing the character OF
the deposit on that day. Among the
items was a check Of A. NJ. Browncll
Of s2l5.
Judge Crump objected to such a pa
per going before the jury.
Mr.. Witt said that he proposed to
show by the paper that MIR. Browncll,
in his settlement with Mr.. Smith. had
paid currency; that Mr.. Smith had
pocketed the currency, and had used
the same vouchers to obtain warrants
upon the Treasury to defraud the Com
monwealth; that anything was admis-
sible that would throw any light on this
case as to his intent to dsfraGd.
The Court decided the paper inmate
rial, inasmuch as the deposit here
mentioned was for s2l5 and the in
dictment charged embezzlement Of a
different sum.
"Well, sir; that closes the case for
the Commonwealth" remarked Mr..
Witt.
Mr.. a. \. Lorentz. former clerk in
the Auditors office, was then called in
behalf of the defence. He said that he
had been connected with the Auditor IS
Office for twenty-One years and a hall
prior to 1880, but did not Snow how
business was transacted in that depart
ment now. He fully explained the GUS
tom of the office in reference to the
payment of money into the Treasury
while he was connected Herewith, and
alsc the custom that existed when II
was discovered that person had over
paid his account.
Colonel NJ. l.. Spotswood testified ia
an interview had with Colonel MaryC
(Auditor) and Commonwealth's-Attor
ney Witt, at which he suggested that q
clerk be detailed to watch Mr.. Smith
while he examined the papers in sale
office belonging TO his former desk, and
their concurrence in the same.
AT this point the jury were placed il
charge of the Sergeant, who retired
from the courtroom with them unit
to-day.
Counsel for the defence then held ;
short consultation, at the expiration o
which the court. at 3 o'clock =. NJ.
took recess until o'clock.
On reassembling counsel on boil
sides argued and submitted their in
structions, which the Court took tim'
to consider, and at 81 o'clock adjourned
until this morning at IL o'clock.
The mud being taken from the reser
voir is dumped about fifty or sixty
yards off from the south front Of tn
embankment. 1t has been thought ne
cessary, as a sanitary measure, to deo
derize it by freely sprinkling it with gas
house lime.
| Ihe Death List.