Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1888-01-20

question?
Judge Grattan to defendants counsel
You can't ask the witness that question
unless you connect this case with the
agreement made about returning to Vir-
ginia.
Judge Sheffey noted this point and
Capt. Bumgardner took up the cross ex-
animation of the witness.
Witness reslminq.- Miller endors-
ed the $l25 note at my shop for me Mr.
Dolan was present. At that time, am
satisfied Miller did not have the note in
his hand. am not certain that he looked
at it. ] drew that note in the office OF the
shop and he endorsed it that evening. L
came TO think of Miller to endorse the
$3.50 note, because I happened to see his
buggy in the yard. and the fact that we
had favored him in the renewal OF his
buggy note to US. The $125 note was
never renewed. I don't know where 1t Is
now 1t was endorsed month, or may De
five weeks before the. $3.50 note 1t had
not matured when l asked him to endorse
tain. that at that time my partner still
held it. L don't think it was tried at a
bank. [ don't know that the bank would
have discounted tive have had as good
paper as that thrown out. We were hard
run for money at the time the $125 note
was made, but there were other places
where we owed money-where we could
place the note and where its use could
have been just as good for US as if we
had gotten it discounted at the bank.
l handed the $3.50 note to my partner to
be negotiated. There was an effort made
to negotiate it with Col. Cochran, but
none before that.
BIZ Mr.. Harrison.-I did not try to con-
ceal the amount of the ($35O) note from
Mr.. Miller. I had no idea then that he
would have it to pay. He had the oppor-
tuuity to look at it if he wanted to. l
just took it out of my pocket and said:
''Mr. Miller here is note I want you to
endorse" and he went into Thornburg's
stable office with me and endorsed it.
THOMAS R. DoLAN
sworn, testified. Witness was shown the
$3.50 note and said: At the date of this
note I was engaged at Clinedinst Il Bo-
dell's, and was in small room at the
front entrance used as an Office when
Capt. Waters had the place. [ think l
have seen this note or one like it before.
It was somewhere near the 10Th Of Janua-
ry, 1867-though my memory is not posi-
tive as to the date-BodelI came to where
$3.50 with months to run, endorsed by g..
J. Miller Mr.. Miller came by the shop
and stopped about the middle of the
street and called out to Bodell 'bad he
used that note?" Bodell replied 'No."
Miller then told him if he used it, not to
give him any trouble about it. / have
since seen the note exhibited here. in the
| possession Of Harrison q Tucker. [ was
in plain sight of Miller and Bodell when
they were talking and distinctly heard all
that passed. don't remember whether
it was the evening of the same day that
| Bodell showed me the note OR whether it
was the evening Of the next day.
Cross Examined By Judge Shefey.-I said
| I had seen this note ''or one like it, )" just
| because don't want to be too positive
about any matter of that sort. The first
| time l saw the note noticed the 'paya
BILE in four months and the signature-I
didn't note the date at that time. l fix
the date of January 25th by Bodell and I
talking about it afterwards-a short while
afterwards. We talked of it because it
was a larger note than I expected to see.
I know nothing of Miller's business habits.
l saw the $125 note in Harrison & Tuck
er's cfflce ia November last. There was
40 question about Miller's signature on
the $3.50 note. 1 am not familiar with MIR.
Miller s signature. The signatures only, on
the two notes.-the one here in court and
the one on the s125 note-were submitted
to me and was asked which would say
was a forgery. 1 selected that On the
smaller note as more likely to be forgery.
1t turned out to be forgery. 1t turned
out to be the $l25 note. lie was a mere
, guess of mine; 1 had no particular reason
| for selecting that signature-perhaps l
selected it because it was badly written,
had never heard of the 1925 note being
| a forgery till last fall. L know nothing
about the renewal of the note for the bug
2y.
Juror Gooch-What was the condition
of Miller that day he came to the shop
about the note.
Wltness-I saw nothing unusual.
Mr.. Gooch-Was he sober?
Witness-He seemed SO.
HENRY A. WALKER
sworn. Am an officer of the National
Valley Bank. Have never seen Miller's
writing, except his signature. His sigma
ture | have seen probably some twenty five
or thirty times. From my knowledge of
his signature 1 believe that on the note in
dispute to be genuine. 1 would have no
hesitation in recognizing it as such IN the
bank business. Here in reply to ques-
ton, witness produced other signatures of
the defendant acknowledged to be genuine
and said his opinion of the genuineness of
thai in dispute was confirmed by a COM
parison with them.)
Gross Eranained by Judge Shetey-some
six weeks age l saw this disputed sigma
ture for the first time.
THOS. A. BLEDSOE,
Cashier of the National Valley Bank,
sworn-I am somewhat acquainted with
Mr.. Miier's signature. From my know
ledge of it should say that the signature
on this note is genuine one. If it was
presented at the bank should receive it
as genuine.
A. F. KINNEY,