The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-01-10
HOME NEWS.
PROMINENT EVENTS OF YESTERDAY
N THE civ.
INTERESTING PROCEEDINGS IN
TIE VARIOUS COURTS
or JUSTICE.
Home Happenings In General.

+ and 4 Mssons The next DAYS issu
reported the fact that he WAS discharged
because the lodge had never been incor
Toraied
Then = warrant was sworn out charr
ing the accused with stealing the none,
from the members Of thca Lodge who's,
names are. II E. Gillian, Thomas W
Barrett. Edward ;. Brown. Henry Cole
man, Richard Davis. A. T. Fleet. GeOrg,
W Hin, Henry T Holmes. John n
johnson. William Johnson. Robert John
son. Sidney Jones. Christopher Jones
Griffin Rice Albert Harris, Edward
Strange, Samuel Wilson. Z. j. Wilker
son, VI X. Wallace, John H. smith
George ". Brown. Alexander johnson
A. ;. Walton. Peter Watson. and George
W Gillian
The accused was brought before the
Police Court Yesterday morning. and the
case continued until 4 O'Clock
There were present As council for the
defence Messrs. D. G.. Richardson and II
NJ. Smith, Jr. The Commonwealth was
represented 10y Colonel SpotswoOd, Com
monwealth's Attorney, Judge Edmund
Naddil, Jr., and Mr.. William H. Bey-
eridgc
The defence raised the point that the
warrant signed by Ambrose Barrett, jus
tice Of the peace, did not have his seal
attached
The court stated it would issue new
one, bench warrant forthwith, and use
the text OF the one before him 10 save
writing
The defence accepted the same.
II. C. Gillian was the first witness.
lie testified that the prisoner was an
honored member and treasurer Of Chair
" Lodge He had charge of an the
funds for number of years. He
owed S356GS on July II. 1887.
when his successor was installed
lie got up in the lodge and acknowl-
edged that he was S2566s short: would
pay 500 cash, and give negotiable notes
for the balance. endorsed TO the salts
faction OF the lodge and trustees. II
was thoroughly understood that when he
brought the notes without satisfactory
endOrsers. that they could be considered
only a. simply waste paper He never
paid any of them. They were not re-
ceivcd by the lodge or committee
Cross examination showed that the
treasurer had acknowledged his shortage.
and that De had inside the proposition 10
pay SEQ cash and $50 every three
months, which proposition the lodge ac- /
cepted. lie never made false entry. /.
never denied owing the amount. made /.
the agreement and paid the 500 cash in .
accordance herewith
The Police Justice here asked the .
question of the counsel for the defence
If all these notes were paid, would the .
appropriation of the money be q larceny.
Mr. Smith claimed that YOU had TO
prove a felonious intent
Colonel Spottswood said that he would
not prosecute a man unless the fel0niOus
intent is proven
The Police Justice Colonel Spots
wood, If had 500 placed in my hands
for safekeeping and used il 40 pay ms
note, expecting 10 replace it. and / find
myself unable 10 do so, is not mat lar
ceny>"
Colonel Spottswood "No, sir; unless
the proof that he had a criminal intent
at the moment of using the money"
Mr.. Richardson said the prisoner had
committed no theft lie had failed TO
pay the notes, which the lodge had ac-
cepied because of his poverty.
Judge Waddill argued that even if the
h'tce udu Dtch paul the prosecution Was
a proper one.
\. ;. Walton lcolored) was the next
witness. He was on the committee 10
get Gaines 10 pay the notes after be had
paid the cash; that he must have the
notes endorsed so that the lodge could
zee them. OntwO different occasions the q
accused had told him that he had the
money due in bank, and showed his :
bank book to prove il; but he had used 4,
il otherwise.
Richard Davis tcoioredl next testified,
and stated that he was one of those APP J
pointed 10 get the notes and see them
The prisoner said his en-
iorser was out of town, but he would I
pay them. He failed on the first note, j
and said his friend who would loan him j
money was bankrupt He produced the $
notes, and the defense admitted that they |.
were written and signed by Gaines
laughter az Gaines request ?
Samuel Wilson was next placed on 81
he stand. He was one of the committee
The Lodge had agreed 10 purchase a lot, d
nd the treasurer (Gaines) did not
hink il q good purchase, and gave that
J. an excuse for not furnishing the money
- pay for the lot Il