Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-03-13
COUPON CASES.
THE TEXT or JUDGE HANcocKs DE-
Cfsl0H.
Another Case Taksn Up-Importsnt Plea
Notwithstanding Decisions from
Judge Hancock Tomorrow.

correspondence Of the Richmond Dlspa,ch.l
PETERsBUrG, VA, March II, 1883.
As the proceedings in the Petersburg
coupon cases, of which the Dispoich has
been kept informed, are Of great in
terest, 1t may be well to afford further
information on the subject to give Judge
Hancock's opinion in full As renderd on
Friday. The following is the text Of
JUDGE HANCocK's OPINION:
Commonwealth ca. =. II. Booth.
This Is a motion against r. II. Booth. under
the act q May -. 1887, foe the recovery Of taxes
DE The Commonwe alth for the years 1885 1886.
and lsei. for which, It Is alleged, ne rendered
coupons purporting to have been cut from bonds
OF TINS State. At this stage Of the prOcee1i 81 10
becomes necessary in Ills case 70 deci @ whether
the defendant, having fhiled 10 produce the
bonds from which the coupons purport 10 have
been cut, can introduce any other evidence 70
prove their Renui. enes5: ana. ii he can. whether
he can introduce expert evidence for that pur-
pose. The defendant has shown that he pur-
chased the coupons filed with uis plea in the
open market detached from the bonds, and that
he cannot produce the bonds from which they
were severed. Under those circumstances ]
mink the at Of January 81, 1856. rcquirng tho
production Of tho bonds, does not apply. and
that tho defendant can introduce evidence 10
prove no genuiucness OF the coupons without pro
ducing the bonds. Ii has bee, proven In this case
that The state Of Virginia actually executed and
issued coupon bonds Of numbers AMI IN amounts
corresponding 10 the numbers and amounts OF
the coupon bonds from which the coupons Eereln
nied purpOrt 10 have been cut. IL VIII thus 40
pear that these coupons must have been severed
from 2 bond OF the Commons wealth. which has
heeI duly executed and issued bi her, or that
the coupons themselves are counterfeit
This limits the inquiry 10 the issue whether
the coupons In this case sre genuine or counter
felt Upon this Issue a. thus presented should
be inclined 70 think that expert evidence was
.ompetcnt. and that the act OF January q, 1876,
II intended to exclude IL IN surn case, wa
void. AZ in conflict win section 10, Article ]. ~
too Constitution Of the United states. In the
absence Of binding authority 10 the contrary.
would be inclined 10 admit expert evidence IN
this case: out my attention has been called 10
the recent decisions OF The Court OF Appeals OF
THIS state IN the cases Of Cornwall ~. Common
wealth. r. ported in Nirginia Law journal Vol.
II. page 80. Commonwealth rs. Mewliu & Bur
reese. f3im, and Commonwealth Us Woier, ia'"t.
pag. 1865.
IL those cases the Court unanimously decided
that tho at q January n. 1856. requiring ne
production II the bond. AMI the act OF January
81, 1856. excluding expert evidence are both valid
aud con uiuiionGl and do in no way I'M AR ne
obligations 81 contracts Wnile those cases dli-
fer in some particulars from this. yet AFTER n
careful examination / think the principles iaid
down in them control Til caso. 1nd thatt j. ny
duty 90 De- governed 10y these decisions a. loug a5
thev rom ain uurevefted by a. court or by mo
Supreme court of the United states. 10 dug
thoso views cannot allow export cvdcnc" a. Dc
introduced In tli- caste. ard oi necessary couse-
quence must exclude al evidence offered 10 lay
the foundation for expert evidence.
FURTHER PROCEEDINGS l. THE CASES.
judge Haucork opened his court ~ II
o'clock. After the reading OF the orders
If Friday the ease Of the Commonwealth
rs. Booth, III winch tue jury had rem
dered verdict for the defendant, was
called
Mr. George s. Bernard, attorney for
the Co umouGc4lth stated 10 the court
that he wished to Withdraw the previous
motion submitted 10y him TO set aside
the verdict and grant new trial. The
curt, after hcarlng argument on tine
matter, reserved It's decision until to
morrow at T. o'clock. in the DIS, usslon
of tins motion the point was made thnt
tie CommonW alth's attorneys motion
10 vi hdnw MS motion Tor new trial
should be granted, as matter of course,
AMI that the Court had 10 discretion IL
the matter.
ANOTHER CASE.
The Court then took up the case OF
7. G.. Grswold, when counsel for the
defendant asked to Ice allowed TO enter
the fol owing plea the first plea of the
air3, it is stated, that has been offered
in the Commonwealth:
Circuit Co,Dt Ctg ~ PctersbDrg-J 6. Grisrod
a. ais 70. tDntWoure0th-Iied
And the SAID defendant, by his attorney. comes
au4 says thai Sire said ANITA Ough' not fur
,her 10 malutgia its motion because the said de-
iruuaIt now bring iutO court here one coupon
for tnesum 81 Ll.J)I Oue dollar and fifty GEMS
cut from bona Issued by the >ta OF Virginia
uudcr tle provisions Of the act of Assembly,.
approved March -. 1919. which coupon L. over
due ana passed maturity AID bears upon IFS
fnce the contract OF the state Of Virginia that y
shall be received IN payment OF all taxes debts.
aad demands due said state, aud said defendant
also here brings lu'O court fL1sl Que dollar ana
,hrty-uiue cents i'm current money Of The
United states, making with the sum OF $3.50
aforesaid the sum ~ tIS9l tWO dollars auo
eighty.uinc cents. which latter sun is ;he to'7.
amount due hy the defendant ~ fire pielntn for
,lxcs, penalty, aud interest thereon ready % te
pIid % iAc plaiuuu. and sail defendant also
brings into cour, fIjl1iu current money Of the
D nited states, being the total amount OF costs
tGc 10y TIE sand defendants. ready 20 Dee paid Go
fnc plaintiffs. Gn2 TIE -eii defendant further
SAWS that the aid Defendant does no, owe io lh'
saic plaintiff a greater SUD thau tee SAID sIin 30.
-2sg ABOVE mentioned, and costs of AFORESAID,
aud this the said gc'endant is ready o. verify
Whereupon he prays judgment Of The said
plaintiff ought further 10 maintain his action
thereof against him. ". l. ROfaLL,
ALRy HAMILTON,
For Defendants.
To this plea the attorney for the Com
monwcath, without oblecting to the
filing of the said plea, asked leave to file
replication to the same, which Is as
follows
...ffn