Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-16

ness 20 which the other side might object.
Continuing. Mr.. Smith said:
II your Honor please. will explain so
these gentlemen (the jury can understand
that IL u very evident that one Of the de-
fences in this case will be that n great
many people had access to this drawer.
introduce Mr.. Lew to show that no paid
his bill out Of the Office.
Mr.. Stringfellow said I'VE don't care
ANYTHING about it.
Wait till the jury comes in, then" said
Mr.. Smith.
MR. WISE OBJECTED.
Mr.. Wise did object, however. 70 Levy's
evidence and protested vigorously in a few
remarks. In concluding them he said:
Now there can't be any dispute between
the Commonwealth Attorney and US that
the general principle of law is that you
cannot prove one case by the proof in an
other except IN those cases where you in
troduce such evidence TO prove know
ledge or intent TO justify. Now he tells
you that he IS introducing this for another
purpOse-for another. another in other
words, he Is trying TO make out the case on
which his indictment Is drawn by proof Of
facts in reference TO another distinct
case
The Judge consented.
Mr.. Smith replied: | stated before that
one Of the detenccs made in this case was
that other people than Mr.. Grymes had
access 20 his cash-drawer, and that n0n
cOHs'di other people may have distracted
money from the drawer in question. | do
not see, Of course, how the jury can be-
lieve that; but for the purpose Of showing
10 the jury that this is not a mistake Of
Mr.. Grymes-for the purpose Of showing
that il could not have resulted from other
N nTaWpr-l
ask that ] be permitted TO introduce MIR.
Levy for the purpose OF showing that
he paid Mr.. Grymes that bill in his
store, | think but am not pre-
pared 20 say positively, in violation
Of the city ordinances and in violation OF
Mr. Grymes's duty.
After Mr.. Smith had discussed the ques-
tion at some length the Judge said - II
seems to me that it il the same question
that the Court has already decided
We save the point" said Mr.. Wise.
PAID AT HIS STORE.
Mr.. Levy was then called to the witness
stand.
Mr.. Levy. what is your business? ? ask
ed the Commonwealth Attorney.
A. am IN the grocery business and my
store is on north sixth street.
q. Doyou know Mr.. Grymes, the prisoner
at the bar?
A. ] do. sir.
O. viii YOU look at this bill and tell the
gentlemen of the jury whether you can
identify it, where you have seen 1t; TO
whom paid. etcY
A. / cannot tell you exactly. | will make
a full statement. added the witness, refer
ring 20 his knowledge OF the case "On
the week the bill was paid my clerk was
sick and was very busy, and some time be-
tween and o'clock [ telephoned 20 the
Gas-Inspector's Office asking that Mr..
| Grymes come to the phone, and then |
gave him the number Of my bill, 11li, and
| 1890 and asked him to pay 1t for me. He
said ne would do so. The next day. or the
second day thereafter, Mr.. Grymes came
| into the store and / remarked 10 him, /
| owe you $500. and | counted IL for him,
thinking at the time gave 1t TO him that
was simply returning the money. lie took
the money, but did not receipt the bill III
| my presence.
q. You telephoned him on the 25th ask
| ing him to pay your bill for your
a. Yes, sir.
Q. Two days afterward he came to your
| store?
A. Yes. sir. | gave him the 1920 &c
| reimburse him personally for the payment
| thought he had made for me. | did not
give 1t to him for the purpose of taking II
| to the gas office, because | supposed 1t ha1
| been paid.
q. When did he send you his receipt?
A. He brought me the receipt the day
following the day gave him the money.
THE EVIDENCE ALL IL.
4 few more questions were asked tn,
witness by Mr. Smith, but the defence die
not interrognte closely.
When he was told TO stand aside Mr.
Smith said: rest the case for the Com
monwealth.n
Mr.. Stringfellow suggested that recess
| be taken IN order that counsel for the de
fence might confer and that such actor
would be a saving Of time. The court theI
| took recess until o'clock.