Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-16
THE CLERK RECEIVED MONEY.
Judge Aiken Wished Information on This
Point-Instructions Asked.

The clock itself was not more prompt IN
striking yesterday than was Judge Aiken
in resuming the bench in the afternoon.
As soon as he did so he said he would
like to hear further testimony rs = the
custom Of receiving money IN the Urea
surer's Office. 81 see. ." he remarked, that
one Of the city ordinances provides that
money shall be received by tho Treasurer
and another ordinance provides that tho
Clerk shall receive money in the Treasurer
absence. | want TO know the custom OF
the Office
Major Stringfellow said they would adj
nit that the clerk dld receive money when
the Treasurer was absent from the office,
and also that he did receive money when
the Treasurer was in his Office.
Judge Aiken wanted 10 know if the city
authorities were aware of this.
Mr. Smith stated that he believed they
were, from the Mayor down.
THEY ALL KNOW IT.
How about the CouGcl?n asked Judge
Aiken.
II necessary | will have every member
of the Coucil summoned to prove that
they know of this matter" stated MIR.
Smith.
Mr.. Childrey was then called in and
asked by the Court if Mr.. Grymes received
drew was in the Office.
Mr.. Childrey said that he certainly did :;
that it was impossible for the Treasurer IN
person TO receive money from all these
sources.
DO the members Of the Council know
of this :" queried the Court.
Certainly replied Mr.. Childrey.
81 am satisfied" was the remark of the
Court, as Mr.. Childrey was told TO stand
aside.
INSTRUCTIONS ASKED.
The defence had no witnesses TO intro
duce. Major Stringfellow arose and said
that owing TO the extraordinary and uuex-
pected nature of the evidence introduced
the defence had been taken at disadvan-
tage and would be compelled 70 stand upon
their legal rights. He read the following
instructions and asked the Court to give
them to the jury;
THE Court instructs the jury that if
thev believe from the evidence that on the
oath day of February, 1891, John X. Chill
drey was the duly elected. sworn, and
qualified Treasurer of the city of Rich
mond then sand Chlldrey, Treasurer as
Butord Grymes, had in contemplation
of law the custody of the public
funds of SAID city, and the said GTymes
cannot be convicted Of the offence
charged against him in this indictment be-
cause there is fatal variance between the
allegations in the indictment set forth and
the evidence offered 10 sustain the same.
The Court further instructs the jury
that under the evidence adduced in this
case, admitting and assuming the same 10
be true, the accused, f. Buford Grymes, is
not such an officer, agent, or employe OF
the city of Richmond as TO be within the
purview and meaning of section 3717 OF
the Code Of Virginia, on which this indict-
ment is founded, and that he cannot be
convicted of the offence charged against
him in this case"
RECESS TAKEN,
Major Strirgfelow said that in order for
HIM to intelligently argue upon his in
structions il would be necessary for him
TO use Ninth Wharton. This book had
been in the State Library Thursday, but
when he went after 1t yesterday morning
il was gone. He felt reasonably sure that
he could get it at one of two book stores,
and if the Court would give him time he
would 60 after the book himself.
The Judge said he would take recess TO
allow Major Stringfellow get the wanted
authority.
In short time Major Stringfellow re-
turned being unable to get the book.