The times. [volume] (Richmond, Va.) 1890-1903, 1891-10-23

Mr.. Ludwig had been brought to his bank.
| and 10 would be very dffcut task 10 SNOW
il from the books
Counsel for the defense were allowed an ex-
ception 10 this part of the testimony
Witness was shown the following notes.
For II 500 dated April IS 1891; for $500:
, dated January IL. 1891; for 1920. dated
February II. 1891. He admitted to have
4 seen nil three. which had been brought 10
the bank by Mr. Dashiell. The first one he
could find on his books while the other two
had only been deposited as coilaterals. The
original note for 4 100 had been duplicated
twice. or, rs claimed bv the accused, renewed.
/ lie had in all received notes from him for
1920.
THg EXPERT.
On cross examination witness stated that
\ there WAS one ! 100 note which had been
renewed twice: did not bold the original. Mr..
Da.hiel paid the discount on the renewal
Besides. be had the $50 note, which WIS
! not a renewal, and one for S5OJ- both ne saw
/ for the first time when given as collaterais by
/ Mr.. Dashie for his personal note of cl250
Witness has been in the banking business
I since the summer OF 1873. Did not profess 10
/ be an expert as 20 signatures. Did not know
what an expert in handwriting WAS.
On redirect examination he reiterated that
the two notes OF s1.15O and $500 were col
II
willie the 500 note had been discounted.
He did not say that Mr. Dashiell had told him
the notes were secured by property on real
estate
A recess was then taken until o'clock.
AFTERNOON SESSION.
After the recess the crowd OF spectators
was even greater than in the morning and
the further the case proceeded the more IN
tense seemed % become the interest on the
pat Of the audience. Hon. George ID. Wise
and Captain John j. Wise were little late
and the opening of the proceedings, therefore,
was somewhat delayed.
number Of bank officials we're called by
the prosecution as witnesses, but dld not
respond Commemorative Attorney Smith
was finally ready 20 90 on with the case with
the understanding. however. to wat II the
bank officials should not arrived III time.
Mr.. Ludwig was recalled and was shown
several accounts. which in part he identified
as in the handwriting of MI. DashieH. e
was an account with the estate Of w. G. Lud-
wig which showed that after the settling Of
the estate the sum Of s2il was due INN and
S2s0.l9 duefhis brother, j. A. Ludwig MI.
Dashieli also had in his possession one-halt
OF the Magraw notes. amounting to .1,ofb.fl,
coming o. him. besides One-nalt OF the @b,OOO
note which was on the II. VI. Smith & 60.
property on Nineteenth and Main streets. II
lac was entitled To One-half OF that note he
would in ali have had 10 his credit the sum OF
3 .6l1l1 from the estate, while he had re-
celyed ln ell s4.8l1.sj. 80 that he had only re-
ceiyed 500 more than was act ialy due him.
The amount OF the notes outstanding against
him WAS $3.50.
Mr.. George D. Wise took the ground that
witness had received the proceeds Of the n )tes
for 500 and $500.
Witness stated that in his account he had
credited Nh Dashiell with that amount.
tl.s. l. 4 A
Dashiel agreed 70 let him have $50. for
which amount he drew on August I'D and
in next April he received $3.50, which amount,
as Mr.. Dashlell stated squared him with the
estate On March 3. 1890. Mr.. Dashiell paid
him l9o which sum made his account over
drawn $4,000 Since then he received $3.50
more. 50 that he had nearly rece we'd 3 Oy,
and his hall interest II the II. NJ. smith -
Co. notes which be had not yet collected
would have made him come out about even
When questioned by MI Carter witness
said that he did not pretend 10 say that his
account. which be made out about week
ago. contained all the amounts which he had
ever received
NB. BERRY.
Mr. benjamin j Berry was the next wit
ness lie stated that he was commissioner Of
accounts. Mr. Dashiell had never settled
with him the account of the Ludwig estate
v
general disbursements from November IT,
1883 TO October b, 1891. No statement had
been made 10 lin before that time. From
this statement the estate was shown - be
worth al that time 81 POS 81.
Mr. Smith ofleredas evidence q decree from
the chancery court. issued by Judge Wexford
on October l. 1890. which shows that the
property Of II. VI. Smith d Co.. on which the
Magraw notes were given. was purchased by
Mr. William =. Dashiell at o trustee sale on
September IT, 1890, for $4,000. OF which
amount Mr.. Dashiell. after deducting all ex-
penses. could draw S6.Olg.75.
Mr. Samuel ID Wallace. the next witness,
knew Mr.. Dashiel He is cashier Of the
Citizens Bank and was asked 10 give eI-
dence about note for $1,000 dated August ".
1870.
Mr.. Carter objected to the bringing in Of
note which had been issued about eight
months before the one on which the present
trial was based had been issued, while Mr..
Smith stated that lie could quote q sufficient
number of authorities to show that he was
justified 20 bring the note about which he
had lust asked Mr. Wallace and a number OF
Others equally important. In addressing the
Court be added that it was his intention TO
show that a number of notes purpOrtlng %
be signed by Mr.. Ludwig had been forged:
and that on their maturity they had been paid
bv Mr. DasAiell. lie was unable. however, to
IN the possession OF Mr.. DashieN.
Some argument between Captain John >.
Wise. Mr. Smith and Hon. George j. Wise
followed and the Court suggested that Mr..
Smith produce his authorities. The latter
gentleman stated that he would be unable 10
DO so before morning lie suggested. how
ever. that in the meantime he might be per
nlittel 10 go on with the examination Of other
witnesses
Az IMPORTANT QUESTION.
The Court thought that the question Just
brought up was OF too great Importance. and
that he would not 20 on with the case until
he had given his decision IN the matter He
did not believe it advisable TO take up other
witnesses in the meantime. for fear that II
might confuse the Jury. Under the circum-
stances he deemed it best not TO continue the
proceedings until that question OF las WAS
settled
A recess was. therefore. taken until this
morning at 10 o'clock. Mr.. Dashiel was
taken back TO the city jail in custody OF
Deputy-SeTgeant Claiborne Epps and the jury
was taken to Murphys II tel by Deputy-ser-
geants ferneyhough and McCabe where they
spent the night.
a Charter Granted.
In the city circuit court yesterday charter
was granted 10 the Lincoln National Building
and oan Company. The purposes are con-
Quoting q perpetual building aud loan associ-
alton on the national plan and that OF a saw
iups hank