Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-10-25

was put among the old books
1.-The estate OF old MIR. Ludwig, con-
tinued the witness, (which came into my
hands consisted OF real estate-a mousse on
First and Broad, two on Tenth, and one on
Fourth and Clay. II was valued some
where in tho neighborhood OF S2o'ooo.
THE MGnAw NOTES.
"wbat were the NcGraw notes forf"
"They we're the proceeds for the mousse
on Tenth street"
Mir. Wise: The accounts for these you
saw vou settled in May. 1889.
Nr. Brown: will state that know very
little about the time my accounts were
settled. They were all paid by hr: Dasnieii.
IA thew we're made solely by him couldn't
state exactly when they were settled.
Then there was book called the Luu-
wig Ledger"
Lam not positive about that.
Can Won produce that book that you say
vou haven't seen for three or four years!
No. sir: we have hunted for It. but II
couldn't be found.
Mr.. smith: Mr.. Brown ore you aware
that Mr.. Dashell claims TO have Kept ms
accounts rs administrator on the back OF
that book?
/ was not until he told me So.
The witness was then told to stand
aside, aud Mr.. Leroy Brown was recalled
for a short while.
NJ. smith; Mr.. DashIell stated that you
=. skipped town" the day of his arrest, as
he expressed it. Why did you leave!
About $50 that afternoon Judge George
7, Christian. nv counsel, came TO the Of
fec and advised me TO leave within an
hour's time on important business. !
didn't have an opportunity TO tell my
family good-by.
Mr.. Carter: Judge Christian was your
counsel IN civil suit just brought against
DashIell!
Yes, sir," replied the witness.
Mr.. PEYToN DENIES.
Mr.. Bernard Peyton. the next witness.
was told that Mr.. Leroy Brown SAID he
brought the 81 800 note 10 him ana asked
II il was secured by deed OF trust. Is u
trne or not that be wrote to Ludwig at
your request!"
Il didn't make the request; did not
ask him TO write that letter." replied tho
witness cmphatlcally.
One of the jury (Mr. Mason asked the
witness If he carried more than one note
to make inquiry about when he went to
Mr.. Leroy Brown.
u carried several" replied the witness.
did Mr.. Brown call attention TO any
snecjel one Of these ?" asked the Juror.
He called special attention to the Lud-
WIG note" was the reply.
"Did YOU request him TO write to Lud-
wig?" was the next query.
II did not request him to write TO Lud-
wip.n was the emphatic reply, and
have no recollection Of his saying that no
would DO It," r
Mr. Cobb. the partner of Mr.. Dashiell.
was next called to testify, but his evidence
was deemed unnecessary and he did not 80
on the stand.
was admitted by counsel for defence that
MIR Brown expressed Willingness TO let
them see all the hooks and papers IN the
case with his consent. Mr. Wise confirmed
this statement.
recess Of half an hour was then taken
while counsel were preparing the lnstruc-
tons.
The Jury and prisoner mean while went
on TO enjoy breath of fresh ar, as the
room was almost sufiocating. and the
former. under charge OF Dcputy-Sergeant
Claiborne Epps, were taken over IN the
Capitol Square.
4 representative OF the DISPATCH hap
ponci to pass them in the park, and the
gentlemen all loosely said that they hoped
the newspaper-meu wouldn't say anything
wrong about them rs they could not read
the papers now. Some of the gentlemen
expressed q desire 10 see the reports after
the trial was over.
MRS BELLESor. AGAIN.
The proceedings of the tribunal were
commenced again after tho recess by
roll-cal of the jury; after winch Mrs.
Bellenot was called TO testify.
Mrs. Bellenot, do YOU remember visit
of Mr. Leroy Brown in August" she was
asked
Yes. sir" was the reply"
Gle testified that be wrote letter 20
Mr. Ludwig III which he stated that he had
been requested to find out conhdentiaily
whether tho 500 note was secured on
deed of trust. Did you request him to
write it?"
about the Parsons note and came across
this one. He sad he knew Ludwig well,
and that he Qudwig) always stopped at
ms house. He added that he was not well
of. and finally offered 10 write TO him. |
told him no at first, but afterwards said he
could do 50 If he wanted to-
Mr. Wise: Did you ever hear anything
more about it2
mo. sir. | did not know Mr.. Ludwig,
and would not have loaned $500 to him
under the circumstances, except that /
knew Mr.. Dashlell 30 Well
"Hashiell u Cobb attend to your busi-
ness now"
YES"
INSTRUCTIONS or THE COURT.
This concluded the testimony in the
case. and Judge Witt proceeded at once 10
read his instructions 10 the jury, which
were as follows:
Before the Jury can convict in this case
they must be satisfied beyond q reasona-
bic doubt from tine evidence
lst. That the note for $3.50 was
fQrpcrV
"a. That the defendant knew at the time
he gave 1t to the bank that 1t was a
forgery; and
81. / hat be gave it to the bank with the
intent TO deiraud.
The Court instructs the jury that the
law prcsumes the defendant to be inno-
cont until he L. clearly and cOnciusiyely
found guilty beyond all reasonable doubt,
and, if there J. upon tho minds OF the
Jury any reasonable doubt of the defend
ants guilt, the law makes II their duty to
acqult him: that even If there we're sus-
p.ctOn or probability Of his guilt, however
strong, they would not be sufficient to
convict, nor would it lie sufficient If the
greater weight or prepOnderance OF evil
dence supported the charge IN the indIct-
meut, nor that upon the doctrine of
chances il were more probable that the de-
PENDANT is guilty, but 10 warrant his con-
vIction his guilt must be proved so clearly
and conclusiyely that there IS no reason-
able theory upon which he can be inno-
cent: for the policy Of our law deems II
better that many guilty persons should
escape rather than that one innocent per
son should be convicted and punished,
and safer to err IN Acquiring than III pun
ishlng.
A reasonable doubt is that state Of the
mind which, after full comparison and
consideration of all the evidence both for
the State and defence. leaves the minds Of
the Jury IL that condition that they Cannot
say that they feel an abiding faith
| amounting to & moral certainty from the
evidence IN the case that the defendant Is
guilty Of the charge as laid IN the lndlct-
ment. II You have such doubt; II your
conviction of the defendants guilt. As
LAID in the indictment does not amount TO
u moral certainty from the evidence IN the
case, then the Court instructs you that
you must acguit the defendant.
The Court further instructs the jury that
the defendant, ". =. DashIell, Is a cOmpe-
tent witness IN his own behalf as much so
as any other witness IN tins cause. and the
Jury is sole judge of the truth OF his testl-
mony and the weight to which 1t is entitled
a. well as that of the other witnesses IN
the cause.
After the instructions had been read by
his Honor COmmOnwealth's-A
Smith suggested that the Court adjourn
untu halt-uast I'm order hat those present