Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-03-10
PErERsBURG COUPON CASES.
rho Instructions GIVEN by Judge
Hancock.
Correspondence Of the Richmond Dispatch.I
pFTFRSpuRa March @ 1888.

Correspondence Of the Richmond Dispatch.l
PETERSBURG. March 3. 1888.
The Circuit Court OF the City OF Pc
tersburg was in session during the entire
day in the trial of the case of the Com
monwealth Us. p. h. Booth. This is the
case in which Judge Hancock on yester-
day decided that expert evidence could
not be introduced to prove the genuine
ness OF the coupons filed in that case.
Counsel for the defence excepted to
this ruling of the Court, and bill OF ex-
ceptions will be prepared that this action
of the Court may be reviewed in the
Court of Appeals In case the jury should
render a verdict against the defendant.
Some further evidence was put in the
case to-day, after which counsel on each
side asked for instructions. The Court
refused TO give the instructions applied
for, and gave its own instructions, as
follows:
l. The Court instructs the jury
that the burden of proving that the
taxes are due is upon the Common
wealth, and the burden of proving that
the coupons rendered by the defendant
for his taxes and filed with his pleas are
genuine coupons of the State of Vir-
gina, is upon the defer liant.
2. The Court further instructs the
jury that the mere fact that the Com
monwealth did execute and issue bonds
for amounts aud with numbers CORE
spending to the amounts and numbers
Of the bonds from which the cOu pOns IN
this case purport to have been cut, IS not
of itself sufficient proof Of the genuine
ness Of said coupons, but it may be con-
sidered by the jury in connection with
any other evidence in the case.
3. The Court further lnstructs the jury
that a coupon is not genuine coupon
of the State OF Virginia unless it Is either
attached to or has been detached from
bond of the State duly signed by her
Treasurer aud duly ISSUED by the State
but it is not necessary, in order to prove
tine genuineness Of coupon, that the
bond from which it has been cut should
be produced, provided the bond Is not IN
the POSSESSION OF the defendant, and he
has shown his inability to produce 1t.
4. The jury are instructed that the is
sue III itlib tuHf - MltNLl'i AAA' NRhs pm
filed with the defendants plea are genu-
inc coupons of the State OF Virginia, and
that in arriving at their verdict. from the
evidence in the case, they are the sole
Judges OF the facts in issue.
The argument commenced at l Z. NJ,
Mr.. w. p. McRae opening for the Com
monwealth. Mr.. Hamilton and MIR.
Royal following for the defendant.
Mr.. George $. BERNARD at this writing
j. concluding for the Commonwealth.
It is probable that the case will be given
to the jury tonight 1t is understood
that the Court will proceed at once 10
try the other cases on the docket OF a
similar character.
The Jury in the coupon case OF =. II.
Booth this afternoon found for the de-
PENDANT upon his plea OF tender, the YER
dict declaring that the coupons aud
money were property rendered, and that
the coupons were genuine and cut from
the bonds Of the Commonwealth.
Counsel for the Commonwealth moved to
set aside the verdict on the ground that
it was contrary 10 the law and the
evidence This motion will be argued
on Monday.