The times. [volume] (Richmond, Va.) 1890-1903, 1891-05-15

sS"'p aSv, hhoW hr. brymes. lie WIS
Mr.. Smith When did il first come 10
your knowledge that there were any discrep-
ances between the books of the Auditor aud
Treasurer's offices?
Dir. Childrey: The fourth Of March, sir.
You say IL was March ith of this year.
| 81, Yes. sir. Mr.. Knowles called my attention 10
| the matter
When did you ask Mr.. Grymes about them2
My first interview with Mr.. Grymes was
when he came into the Office the morning
AFTER the investigation. | went into the
AUDITORS Office. and after discussing the mat
| Ier Few moments. came back and told Mr..
uIynes TO take his gas and water books and
come INTO the Auditors Office. He did so,
anu 'he Tour bills were handed me.
One nili. The Thalhimer bill, calculated
! Major Strlngfelow
If Your Honor nlease said Mr. Smith
WVulu IKE 10 say something at this point, and
IL is put fair that the jury should be taken out.
@ ne Jury was taken out of the room by the
sergeant, and Mr.. Smith said: | think it is
out riSnt that should state my position.
contend that the defense in this case will
DC Hlaue on one or the other Of these
propositions. The mistakes may have
occurred without any criminal intent or done
lnhocenty by the accused or the discrepan-
cies are the faults OF others than the prisoner
AT the bar. IL the defense is made on. either
OF these propositions think that the authori-
We WI pthi me OuO tudt am free TO snow
that there has been a systematic course of
fraud and embezzlement. and by so doing
snow that the discrepancies did not exist unin-
tentonally or that anyone else had aught TO
90 with them but the prisoner at the bar.
Holding this view, contend that this evidence
70 support the charge should be allowed as
part of the testimony.
THE JUDGE SPEAKS.
Judge Aiken said II has boon held by the
supreme Court that in all cases where crin1i-
nal intent is shown it is proper and Just to
show such acts OF the accused as 20 prove that
criminal intent existed at the commission Of
crime.
Major Stringfellow: After an offense is
proved should be time for other cases to be
brought in showing the intent of the prisoner.
This case is not like a counterfeit coin case
that was decided some time ago. You can
easily prove that man had and passed
counterfeit coin, but you have also TO prove
the criminal intent. This is a case that has
not been IN law. The statute sultlng 1t was
only passed in 1880. Ii is not an embezzle-
ment case nor is II larceny case. The statute
SAYS there must be a willful appropriation of
public moneys
Judge Aiken / think the jury would have
TO assume the act a criminal one unless test-
mOny was brought in TO prove it, and such
should be the case. The object is to throw
light on the fact, as TO why the crime was
committed, therefore tnlnh OtDer testimony
can be beard. For this reason | think the
word knowingly" was put in the statute.
JURY BROUGHT IN.
The jury was then brought in and answered
TO their names.
Mr. Smith: Mr. Childrey take these four
bills.
Judge Aiken Let me see them.
Mr.. Smith: Each one is signed by the
prisoner. Look at the signatures.
Mr.. Childrey: They are signed by Mr.
Grymes.
The bills were then shown to the jury.
Mr.. Smith Are these bills entered on the
desk book? Look at the book and tell me.
Mr.. Childrey: There is no use looking.
They are not on the book.
You have made careful examination and
say they not on the book!
They are not.
Are they marked paid on the Auditors gas
book?
don't know. sir. I have nothing to do
with the Auditors books.
1T don't make any difference what you
have to do with themi for they are being ex-
amined outside your official capacity and
will serve as general utility man at present
Mr. Childrey looked on the Auditors books
and said: They marked paid, sir.
Counsel for the defense objected TO the tes-
timony. and the point was reserved for tu-
ture discussion.
Mr.. Smith: Did you show MI. Grymes
these receipts?
! did. sir and told him to look on his book.
He said the entries were not there.
/ then ODened the Auditors book, and in
the Thalhimer case put my finger on the "a,
and he said they were his figures.
He then said he would give me an order on
his salary, and also remarked he was in hole.
Mr.. Grymes said he could not explain it
and we went into the Treasurers office.
There with Mr.. Craig and myself, MIR. Grymes
said he was IN a hole.
| asked him to explain the case. and he
could not explain, only saying he must have
committed the acts when he WAS asleep.
He and | went 10 the Mayors Office and the
matter was explained 20 Mr.. Ellyson. The
Mayor said il was q serious matter and sent
for the City Attorney. The matter was then
stated TO Mr. Meredith Mr.. Grymes wanted
to 90 and Mr. Meredith said he could not. and
went for Colonel Spotswood and Captain
GuigOn.
Tie witness is with you, gentlemen, said
Mr.. Smith.
CITYs MONEY CUSTODIAN.
Major Stringfellow What bond do you give,
Mr.. Childrey?
Twenty thousand dollars, sir
Are you not responsible for the Treasurers
Office?
| suppose I am: l am the custodian of the
city's money, and pay it out on warrants
drawn by the Auditor.
Major Stringfellow then read the ordinances
10 the iurv bearing on the 1reasurer's Office