Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-12
LOST MONEY AT FARO.
MR.. PATTEe GAVE A BOGUS CHECK
AND Is CHARGED WITH FORGERY.
An Interesting Case Growing Ont Of n
Gambiing-HouseT ransaction--Charged
with stabie-BurnIng.,

embraced all classes of people, principally
negroes, though number of prominent
businessmen were also present.
There were about thirty-fve cases on
the docket, the most important Of which
was that of J. A. Pattee, charged with
forging the name Of J. A. Patterson to a
check for payment on the Citizens Bank,
knowing the same to DO false.
The accused was represented by Mr.. s.
| y. Y. Patterson as counsel, while Common
| wealth's-AttOrney H. NJ. Smith and Mr.
samuel Page appeared for the prosecution
The former left in time TO attend the
Hastings Court.
TIE ARREST.
The first witness called to the stand was
Major John Poe. Chief of Police who stated
! that the bogus check was handed him
by MAYOR Ellyson. He sent Policemen
John Hall and Logan S. Robins TO arrest
| Mr. Pattee, but mean while the accused
came into his Office and surrendered him
self. Major Poe asked HIM why he had
signed the check. and Pattee said that he
must have been drunk when he did il. He
admitted that the signature u. A. Pat
tersou" was in his handwriting.
The next witness was Mayor Ellyson,
who stated that the check had been brought
| 70 his attention by Mr.. Carlton Mccarthy,
secretary of the Old Dominion Building
and Loan Company. of which company the
| Mayor is president, on last Wednesday.
He was sick at the time. and therefore did
not speak to Major 90 about il until Sat
urday.
WAS FOR GAMBLING DIET.
John Ferguson. the keeper of gam
| bling house Mt No. l339l1 east Franklin
street, testified that the accused and a
! friend came into his place on the night
| the check was alleged TO have been
forged and played faro. Pattee lost
steadily and gave him in payment Of his
| debt two checks signed -. A. Pattee."
He then continued to plny with the same
bad luck, and finally told Ferguson to re-
| turn the two checks to him, saying he
would give him one check for the whole
amount owed. which by this time amounted
to 800. THIS Ferguson did, whereupon
| the accused wrote him the check for 800
and signed the name -. A. Patterson"
| Witness then asked the prisoner how it
was that he signed different name to the
! last check. Pattee replied: Let that
! co-that's all right" In a previous con-
versation he had said that he had been
SUPERINTENDENT Of agencies for the Old
| Dominion Building and Loan Company.
! Witness subsequently took the check to
| Mr., Mccarthy, who in turn carried it to
| Mayor Ellyson
| HIS OWN CHECKS GOOD.
Mr.. 8. G. Wallace. cashier of the Citizens
| Bank, testified that the accused had q small
! balance at his bank and that his dealings
there had been entirely satisfactory. No
such name as u. A. Patterson" was on the
| books of the bank, nor was a check bear
ing that name ever presented there.
Colonel John b. Purcell and Mr.. Carlton
| Mccarthy were also called TO the witness
stand, but the testimony of the former was
unlmportaut and that of tho latter sub
| stantially the same as Mayor Ellyson's.
THE PRISONERS STORY.
The accused next took the stand and
! stated that on the night upon which he
| gave the checks he and a friend were out
| painting the town." and both got pretty
we'll under the influence of liquor. Finally
| they landed at FergussOn's place and COM
menced gambling. After awhile the
friend who accompanied him tell asleep,
! and ne continued to play and likewise TO
| lose. He was drunk at the time and had
no more intention of signing the name of
j. A. Patterson than he did of signing that
| of u. S. Grant
| Tue accused further stated that he was
not IN the habit of gambling and did not
understand faro until he learned It that
NIGHT. AS soon as he heard Of tho trouble
| concerning the check he left Washington
| (whcre he had gone after giving the check
and returning TO Richmond, delivered
| himself up.
In the cross-examiation Mr.. Pattec was
asked if he had not given check for $500
! for n gambling debt in certain town in
| this State. He replied that he had not;
J that he had never been in farO-bank at
! the place mentioned, but that there were
| several people by the name of Pattee who
| resided III that town.
! At the conclusion of Pattee's testimony
! Ferguson was recalled and stated that the
| accused was not drunk and that If he did
not understand faro he seemed to have ac-
| quired very ready knowledge OF 1t that
night.
ACQUISITION OF CRIME.
Observation-Disclosures Smith, in his
| argument for the prosecution, sad
4 the fact that the check was given for a
! gambling debt, like the " flowers that
| bloom in the spring" had nothing TO do
/ with the case as the criminal intent was
/ there.
| MIR. Patteson, counsel for the defence,
| commenced his argument by referring to
! FIRST Bishops Criminal Law, section 74S,
where it is stated that forgery, which IS a
| substantive offence, IS partly in the nature
/ of attempt, and though II may be OF fic-
| titious name, vet If there IL in existence
no being or corporation To be injured by
the cheat and it could not defraud any
one, the transaction 10 not forge
| nv. In support Of this no SAID
| from the case of Regina Cs. Martin, which
was decided in 1879 by Lord Chiet-Justlce
! Cockburn in favor of the defendant. Mr.
| Patteson also pointed out that by the
| Code of Virginia a gambling transaction Is
| absolutely void in law and that therefore
no forgery could be committed where the
| consideration was a gaming one. lie
| further contended that in order to consti-
tute an offence. the intent to defraud
coming from an evil mind must unite with
an act of which judicial notice can be
taken: that if there was any such intent to
defraud there was no such act OF which the
law could take any notice.
TIE INTENT SHOWN.
Mr.. Samuel Page next argued for the
Commonwealth. He said that the very
fact that the accused had sufficient
money IN bank to cash the first two checks
and then gave bogus CHECK showed
criminal intent and that he desired to
avoid paying the genuine checks by giving
the false one.
SENT ON AND DAILED.
Justice Crutchfeld at the conclusion OF
the argument said that, while MIR. Pate
son urged some very good points, he
thought the case was one tor jury TO de-
o.,
Mr.. Pattee was bailed for $1,000, with
Mr.. Lewis IL. Blair a. bondsman. Fergus
son was also required to give security for
his appearance before the grand Jury when
the case comes up for their constipation.
Mr.. Pattee came to this city from MINNIE
sofa about three years ago, and was
formerly in the employ OF the Old Do
minion Building and Loan Association.
and now has suit pending against this
company for services alleged to have been
rendered. He was just perfecting an en-;
cagement with the United Banking and
Rullding Company, of which Mr.. Lewis II.
Blnlr is president. lie has hitherto borne
q good reputation.
The Charge Against Kline Not Sustained.
Henry Kline, who is we'll known in the
city and about thirty or thirty-hye years
old. was charged with setting fire. TO the
stable of Warner Moore d Co, which, to-
cether with fifteen head OF stock and o
quantity of feed and harness. were burned
on the night Of May Sd.
The evidence of Jack McDonough and
others was to the effect that Kline aud
several companions had been IN the
tbo Gro a choYt while ne