Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-02-05
RATHER STARTLING.
A SURPRISED COURT AND JURY IN A
FORGERY CASE.
Testimony that Stopped a Trial aud Dis
charged q Jury-Particulars Of tho
CASA Bitter Contest, 60

LlHftobbhts IA, tb. y, 1000.
The case of the Commonwealth against
7. A. Palmer, a merchant of this city,
charged with forgery. which has been in
progress since Tuesday last, and which
has excited universal interest owing TO
| the former standing OF some of the par
ties concerned, came TO very sudden
and abrupt termination this morning
This case has been ably-almost bitter
ly--contested, one witness for the prose
cution having been subjected to cross
examination covering three days. Every
word Of evidence has been carefully taken
down for reference.
This morning Major T. p. Branch was
put upon the witness stand and testified
first as m expert against Mr.. Palmer
which evidence was received. lie was
then questioned as to a confession said
to have been made to him by Palmer,
when hot contention arose as to the le-
eality of such testimony, and Judge Ber-
nard finally ruled out the admissions Of
the accused on the ground that no foun-
dalton had been laid, by proof, of utter
ance OF the note, on which was based the
admission OF confession as to forgeries
other than the note which is the subject
Of the prosecution.
The Commonwealth then sought to
meet the ruling OF the Court by bring
ing Mr.. O.J. Taylor as witness TO prove
Palmer's utterance of this particular note,
but Taylor testified that he received the
note in question from Mr.. Palmer at his
(Taylor'sl place OF business in Peters
burg that it was then, though having
the name of ct. Crowder as endorser
and filed up on the face TO Crowder's
order. not signed on the face by any one !;
that he (Taylor) took the paper to Rich
mond to Mr. II. W. Seggins, and in the
latter's house. in Richmond, signed it
and negotiated it.
At this point any experienced eye
might have noticed hutter among all
the lawyers in court. The Judge leaned
forward from the bench, the clerk woke
up, and the counsel on both sides re-
tired together for consultation, which
bore speedy fruit. On their return to
the court room the Commonwealth At
torney stated to the Court that, after the
recent testimony, it was apparent that
noconviction could be had of the accused
under the indictment rs laid-frst, be-
cause the instrument said to have been
forged was not at the time OF its de-
livery to Taylor a negotiable or other
note second, that the paper never be-
came a note until signed by Taylor in
Richmond, beyond the jurisdiction Of
this court third. that the count for ut
terance fell to the ground for the same
reason. He therefore moved that the
jury be instructed to bring in verdict
of mot guilty" on the indictment as
laid which was done, and the prisoner
was discharged.
But before Mr.. Palmer or his counsel
left the room Mr.. George S. Bernard,
the Commonwealth attorney, again
arose and moved the Court to issue n
bench warrant for the arrest of Palmer
on charges strictly conforming to the
offence as setforth by witnesses and quail
fed by Taylor's testimony. This motion
the Judge granted. At this writing Mr..
Palmer has been committed to Jail, but
unless other charges are brought against
him it is thought by those who ought to
know best that he will be bailed for his
appearance at the April term of the
court to answer new indictment.
This trial has been one of extraordi-
nary interest, and has drawn out the
capacity of counsel, the patience OF
Jurors, the endurance of the Court, and
the attention OF an always large audi
ence to degree not known here for
years, except in the trial of Langston.
Ii may also be mentioned that counsel
on both sides were aware yesterday that
the indictment would fall when certain
witnesses were introduced, but both
waited until this testimony was elected.
1t is probable that otherwise the case
would have continued into next week.
The case excited much comment to-day.
The Circuit Court, Judge Hancock
presiding, will open its regular term on
Monday. There are AIT suits against
citizens for paying their taxes in coupons
docketed for trial at this term, and sew
eral other cases of importance for trial.
The annual convention OF the Young
Mems Christian Association Of Virginia
will meet in this city next week. The
sessions will be held in the Tabb-Street
Presbyterian church, and number of
prominent workers from other States are
expected to be present and deliveraddress-
es. Bishop Randolph will also deliver a
special address The delegates to the
convention will be entertained by the
ladies of the city at Library Hall on
Thursday with interesting ceremonies.
ROBIN ADAIR.
Bailed-Uorse-Thie Escape.
Especial telegram to the Dispatch.l