Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1888-01-20
money and thew want to inyest.' -

hOHcy hHO Guoy WGut 10 lUV0St.
Cross Eranatned By Mnj Elder-In the
latter part of 1856 McComb was man of
as good credit, as far as financial matters
were concerned, as any man in Stanton
The relations between me and him since
the summer of 1885 have bsen friendly. I
have not denounced him more than any
other man. Reed e Henton never had
from 81 800 to $4,000 Of paper with Nc
Combs endorsement, oe1trusted to them
by 5. M. Wilkes, to use in negotiating for
the purchase of W. II. Peyton's house. on
the successful use of which depended a
large commission, and which successful use
was defeated by the position McComb as
| sumed towards that paper. Mr. Reed, of
Reed u Henton, contracted with Wilkes,
| for the firm, to collect the notes represent.
ing that amount for him, in case he,
] Wilkes, could not use them il the purchase
, of the Peyton farm Or house. Nc commits.
| sion that know of was agreed upon by
| Reed. The only note entrusted to the firm
to collect, was the Bridgewater one of $780,
and we collected it.
By Mr.. Coctra1-I don't know what com
mission Reed u Henton were TO get for col
Letting that paper, or that any commits
sioner was agreed upon by Mr.. Reed. Mr..
Reed only told me we would get the paper
to collect if Wilkes did not arrange it with
| McComb so as to use it. He said nothing
about the rate Of our commission. Nc.
l Cnroh had fn nj oIov q
| between he and Clnedinst & Bodellin the
spring or summer Of So. 1 put it down as
| he gave it, and the balance was $500 in
| McC.'s favor.
By Mr.. BrdGton-I thought the Early
| check and Patterson note were forgeries.
| [ understood from McComb that we both
| alluded to the same men when we located
! Early and Patterson. The Patterson note
J was signed with the Newton" written in
| full.
s. n. PATTERSON.
sworn. l never gave note to Clinedinst
Il Bodell or any promise to pay. and never
| had any business transaction with them
NOAH EARLY,
affirmed, never gave any check as de
| scribed. There is no other man of my
name in Augusta or Rockingham.
GEO. NJ. BoDELL.
&. NJ Bod ell was then brought up from
| the Jail and put on the stand. Mr.. Coch-
ran objected to his testifying on the
ground that the law of Virginia forblds
approvers testifying.
| The agreement made by Common
| wealths Attorney Braxton by which Bodel
/ agreed to return to Virginia and testify II
| the McComb case was read. The condition
was that he should testify in the McComb
case; that he should plead guilty to one
indictment for forgery (the Strain note)
that when his plea was made before the
court the CommOnWealths Attorney should
not address the jury but simply read the
law to them and leave them to fix the tern
of imprisonment; that hs should not be
prosecuted on other charges Of forgery
The agreement did not require him to &C
cuse McComb nor to testify to anything
but facts within his knowledge, and was
not to be affected by either the conviction
or acquittal of the prisoner.
The court was addressed at length by
Maj. Elder and Mr.. Braxton on the ques
tiOn Of admission of BodeIl's evidence.
Judge Grattan decided that the spirit
of the Virginia law was to prevent persons
securing immunity for themselves by the
conviction of others for the same crime,
and as no inducament to this had beer
offered The witness, who would be pun
ished anyhow, and to whom no hope
of escape had been offered, he was a com
petent witness.
The counsel for McConb excepted and
saved the point.
Bodell was shown the Strain note. He
testified that his firm wanted to raise
money to pay a note in bank; that be
drew up the note and signed IN. s.
Strain" to it himself, and gave it to Nc
Comb to negotiate. McComb said he knew
a man who had the money and would cash
it, McComb knew there was no such
! person as M. S. Strain, because he said to
me "there is no such person as that"
have no knowledge that McComb knew
that had signed the note. He took the
note to negotiate it before clock, but
I never saw him any more for several days.
. I then asked him if he got the money. He
said yes be got it, but the firm owed him
some money and he had kept the amount.
The Sis for the note was never given to
US by him, nor did he make any settlement
| for it. The note We wanted to pay went
| to protest. McComb was to receive his
pay for endorsing the note. I have no rec.
election that he ever endorsed a note fol-
us without getting pay tor it. He has of
ten refused because the fees were moi
large enough. He was in the habit of en-
dorsing and negotiating He had
knowledge that we used bogus paper, but
| can't say how far back that knowledge
extended. [ never tried to conceal the
! When he would come to get paper and
we would give it to him he would say,
Here is some more Of that bogus paper.
| When some of this comes due we are
going to have the devil about paying it. ,;
BIZ Mr.. COchron-Our firm did large
business and we had good deal Of good
paper. We used bogus paper only when we
were in hard place. Towards the last WE
were IN d hard place. McComb seemed as
| willing to endorse our paper at the last az
he was at the first. He negotiated some o
the paper with Col. Cochran, and I some
We used to pay McComb for endorsing
and negotiating paper from S. to S. on {
note. l commenced making forged papel
about two years ago. l bad no specia
reason for selecting the name M. S. Strain
By Dir. Hudson-I attended the Rock
| bridge cnuntY far ahOut the 10Th of Octn