Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-15
Q. Who paid him at that timer
A. / do not know.
q. Did MIR. Childrey pay him2
A. / do not know.

a. 90 not know.
@. AZ whose request was he in there?
A. only know that Mr. Grymes called
on hinto assist him whenever he wanted
him.
DIDN'T CONSIDER HrMsE1.F EXPERT AT ANY
THING.
In the course of the cross-examination
Commonwealth's-Atto Smith asked
the witness If he was an expert account
ant.
Il don't consider myself expert at any
thing" replied Mr. Craig.
Q. You have been bank clerk, haven't
you
A. Yes. sir.
Q. well. we can rely on your
A. think go.
Q. II that bill was paid on the oath Of
February and not put on the book, but
wasin the cash-drawer. and everything else
was properly conducted, what would be
the consequences
A. The cash would have been over.
Afternoon Session.
Ii anything the crowd in the courtroom
was larger at the opening of the afternoon
session yesterday than since the beginning
of the trial.
The jury had dinner at Murphy's. as did
the prisoner In the custody of the Ser
geant. While waiting for the courtroom
to be opened Grymes spent the time in
conversation with several friends in the
Sergeants Office. Fishing and baseball
were the chief topics discussed. and but
little allusion was made to the trial.
The lurors and Judge must have had
good appetites, for it was $50 o'clock be-
fore they came into court. Judge Aiken
assembled the bench and at once had the
court called to order.
What the Treasurer Said.
Mr.. John X. Childrey was next put on
the stand. and testified that he is and has
been City Treasurer since July, 1883. He
has known Grymes for the same length of
time. Tho first knowledge he had of any
discrepancy IN his and the Auditors books
was on the 4th day of March. of this year.
Proceedings were suspended for few
minutes 70 allow Mr. Smith to confer with
Mr. BoudAr with view TO saving time by
obtaining some official documents that
would be needed in the examination of the
next witness.
Continuing, Mr.. Childrey stated that the
matter was first brought to his attention
by Gas-lnspector Knowles.
II went into the Auditors Office and
came back and told Mr.. Grymes TO take his
books and come in there. He came in
there aud brought the gas and water books
with him. Mr.. Thalhlmtr's bill was shown
me.h
AQUEsTIoN OF LAW.
The Commemorative Attorney at this
point asked that the jury be taken out, he
wishing 20 argue that any discrepancy was
good evidence in this case. This was done.
Addressing the Court, Mr. Smith said
that doJbtless his Honor was convinced
that the defence in the case, If any there
could be. would be upon tho line that the
money had been taken by another party,
or that 1t was mistake such as any busl-
ness-man might make. He proposed to
show that the prisoner had practiced a
continued course of stealing for long
time.
Several authorities we're cited to show
that in several classes of offences evidence
relating TO other charges than those in the
indictment might be considered. The
Judge acqulesced in this view.
PLEA OF THE Defence.
Major Stangfellow, replying. admitted
the legality of the evidence desired TO be
INTRODUCED to certain extent. 1t would
apply to forgery, embezzlement, or the
passing of counterfeit money. In thispar.
ticular instance conviction was attempted
under statute which simply provided 9
punishment without denominating the Of
fence.
II was held by Major Stringfellow that
wilful misappropriation had not been
proved, and until that was done no other
evidence should be allowed. Citations
from cases of larceny were brought for
ward to strengthen the stand Of the de-
fence.
THE COURTS DECISION.
In rendering his decision the Judge
stated that this was not one OF the cases
where criminal offence was committed
because the act was performed as charged
The word knowingly" was used a:
synomonous with Intentional" in this In
stance. What was wanted was. to throw
4, Il on the question as 70 whether or not
any intent existed. To do this it was per
fectly competent to introduce other In
stances.
The defence reserved the point.
The jury was brought in and the exsmi
nation of Mr.. Cnildrey was resumed.
Take these four bills" said MIR. Smith
"and tell me whose name is signed t.
| them2"
Grymes's," was the response.
O. Should they not appear on the books
A. Yes.
The bills were then shown to the jury.
@. Are they on the books?
A. have examined all the books anC
they are not down. 1 have looked tim'
and again.
MIR. Smith asked Mr.. Childrey to lool
on the gas-bill book and see If they wer'
down.
Mr.. Childrey replied that the book die
not belong TO his Office and he had nothing
TO do with it.
That's all right" returned the Com
| monwealth's Attorney we propose t
make a general utility man of you on thu
OCcasiOn.p
At the request of Mr.. Smith Mr.. Shelter
| was allowed to help Mr.. Childrey find tn
| entries in the bill book. Each of the fou
were checked off as having been paid
while they were not down on the Urea
surer's book.
GRYMEs RECEIPTED THEM.
Coming down TO the events of the do,
Grymes was arrested Mr. Childrey testitie'
as follows:
Il showed Grymes the four receipts ant
asked him who receipied thesei
did, he answered. / told him to look il
the Treasurer's book and see # he coui'
| find them. He looked and said they ar
not here The gas-bill book was hande'
me and / put my finger on tn
entry opposite the Thalhimer bill ant
asked Whose figures are these?' Gryme
said Nine When | came to th
next unpaid bill which was checked of
asked the same question, and Grymes said
They look like mine. did not asl
| him about the others. He said he woul'
| give an order on the Auditor for his salar
| for the amount of the four bills Gryme
then said, / am in the hole, and aske'
| shelton to make out list OF tn
four bills. When Mr.. Knowles an!
myself went out into the hal
Grymes asked US what he, shoult
do. We asked him to explain. II
said he was in the whole and could not.
We then went back to my Office and Mr.
! Grymes called Mr.. Craig to the door an
told him he was in the hole and wanted e
resign. Mr.. Craig said the Mayor was tn
person to see about that and advised me t
take him down there.
WENT BEFORE THE MAYOR.
Mr.. Grymes and myself went down T.
Mayor Ellyson's Office together. When W
| came in the Mayor said, I" | am glad 10 Sc
YOU" To this Mr.. Grymes replied, " Ma
be You will not be 40 glad when you kno'
what we have come about | handed tn
/ bills to the Mayor, who asked who had re
ceipted them. MIR. Grymes said he ha
receipted them; that they were not on IN
books, and that he must have done
while he was asleep. The Mayor told hir
il was a serious matter. Mr.. Grymes wen
out for a moment. and when he came bac
| he telephoned for Justice Crutchheld.
| Q. Who tslephoned
| A. The Mayor, think:
| Q. What did Grymes do?
| A. He said he wanted to go out and &c
counsel and some one to go his bail. MI
Meredith said he couldn't go. went fo