Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1888-01-20
LOCAL.
n D I q h [ I
A VERDICT OF ACQUIrTAL IN
Is MINUTES,

TRIAL OF ]. X. McCoMB ON THE CHARGE
OF SELLING BOGUS PAPER-A STRONG
TEAM OF LAWYERS FOR THE OFFENCE
THE EyIDENCE-THE CASE GIVEN
TO THE JURY LAST NIGHT, AND A
VERDICT GIVEN IN Is MINUTES.
On Monday last the case of James K.
McComb indicted for issuing forged
paper, knowing it to be forged,
came up before Judge Grattan in the
| Hastings Court. The Commonwealth
was represented by A. G. Braxton, Com
monwealth's Attorney. and the accused
| by Geo. M. Cochran, W. E. Craig, Hud
| son & Patrick and Elder d N elson. The
| following jury was impanneled:
G. u. Barkman. Frank Bear, Reeves
Gait. W. M. Eakle, D. E Euritt, A. M .
/, Howison, T. Fl. Humphreys, T. A. Daw-
son. Heber Ker. R. Kirzley, John W.
Merritt and J. M. Southards.
| EVIDENCE FOR THE COMMONWEALTH.
The first witness put upon the stand
. was Mr.. Jere Murphy. to whom the ac
cused sold a note for Sis payable to Cline.
dinst & Bodell and endorsed by J. K. Nc
! Comb, and which he is charged with know
ing was forged at the time he sold it, The
following is MIR. Murphy's evidence:
| On October Goth. 1886, Mr.. McComb
came to the store and offered me the
Strain note. He said he knew Mrs Strain,
the signeI; that it Was all legal, and that
it would be paid before it came due. He
| said she was widow lady living near
| Brownsburg, Rockbi idge, and was veal
| thy. l didn't take the note the first time
he came, and he went away and came back
again. Then bought the note and paid
SIP 80 for it. McComb said he knew the
maker of the note. When the note fell
due at the bank it was protested. I wrote
| about it to Brownsburg. The letter was
returned with the endorsement that there
! was no such person there. L saw Nc
Como and told him only that the letter
had been returned stating that Mrs. Strain
didn't live at BroWDsburg. He said he
would see about it and that Bodel was
going to Lexington court and would at
tend to it. McComb didn't seem to be
surprised or annoyed by the Information
that could not find Mrs. Strain. That
was in January. 1887. after the note fell
due. l asked him about it several times.
He said he was going to sell his wheat and
that Bodell was about to get 81 600
and would pay it. AS far as 1 know, Nc
Comb took no steps to ascertain the gen.
: uineness CT the note after told him about
it. l brought suit on the note in the Cir
cult Court, and then for the first time
found it was bogus. by the Sheriff finding
out that there was no such person. l
didn't have chance to say anything about
it to McComb after that as he went away
and when be came back was arrested.
After Clinedinst and Bodell went away
in March. McCoEnb wanted to take up the
Strain note and give his own note He
said he didn't have any money, but would
| give me 3-months note OR a 9-months
note. l wouldn't take bis offer because l
then thought the Strain note was good
When McComb gave me the note, l had
no suspicion that it was not genuine; if l
had l wouldn't have bought it.
CrosS-Enanained by Mr.. Cochran - Nc
Combs endorsement was not the main
reason of my buying the note. 1 wouldn It
have taken it with his endorsement if
had suspected it was not genuine would
| have trusted McComb at that time. I had
never heard the commences of Clinedinst
& Bodell's paper questioned.
WILLIAM CUITON
sworn-Have been acquainted with
Brownsburg all my life. Was acquainted
with it in 1856. No such person as M. S.
Strain lives there, or has ever lived there
There are two families Of Strains living
near there-Dr. Strains and Mrs. JAS A.
Strains Mrs. Strain was Miss Eglantiue
Leech. She is widow and signs her name
E. Strain. Her husband died In April,
1885. She signed note tie other day and
she wrote her name "E. Straln.'' She
owns two splendid farms. No man, woman,
or child named NJ. S. Strain ever lived
near Brownsburg.
| c. NC N. WHITE
sworn-Am clerk in the Augusta Ma
tional Bank. had several conversations
with the accused relating to forged paper
with which his name was connected. One
conversation was in the latter part Of Au-
gust, 1886. A firm in Cincinnati drew a
draft on Clnedinst & Bodel through our
bank and accompanied it with the instruc-
ton that if 1t was not convenient for them
to pay it, we were to accept 60 days
note. The note was presented in payment
| of it. endorsed by j. X. McComb. On
looking at it l didn't think it was Nc
Combs signature and he was sent for
When he came he said it was not his sig.
nature. Clinedinst was then sent for and
when he came said it was McComb's sig
nature and they had paid him for the use
of his name. McComb, who was present
said be had signed some paper for them
but not that. McComb and Clinedinst
then went out Of the bank together ard
then came back, when McComb said,
Fill up another note and l will sign it,.
Another note for the amount, $I27 So
was filled up and McComb endorsed
it. We sent it to the party in Cincin
natl. 1t was protested when 1t fell due.
While Clinedinst and McComb were stand
ing together in the bank, McComb turned
to Clinedinst and said, mo. l didn't sigr
this note; this thing has been going on
long enough and if you don't stop it you
will get yourselves into trouble'
The above evidence Of the witness was
objected to by defendants counsel, on the
ground that it did not refer to the note
which he is charged with uttering. Judge