The times. [volume] (Richmond, Va.) 1890-1903, 1891-10-25
DASHlELL IS STILL IN JAIL
Shs Jury Were Out Forty Minutes and
Failed 10 Agree.
ELEVEN JURORS WERE FOR ACQUITTAL.
bhe Case Continued Until To-Morrow--Elo-
quent Speeches by the Counsel For
tho Defense-Tcstmopy.

from the second pOlcc-slabVA H"u FN'o0o
sion of the doors leading into the hastings
courtroom yesterday morning TO keep IN
check the struggling mass of humanity that
waslauxious 10 hear tho proceedings in the
Dashiell trial.
Promptly at 10 o'clock Judge S. b. Wit
assembled the bench, and court was opened
by Deputy-Sherif Ferneyhough The twelve
men. good and true. occupied their seats in
the jurv-boI, and Captain John s. Wise and
Mr. Hill Carter. counsel for the defense, oc-
cupied their seats Rev DR.. Thomas G..
Dashien, the father OF the accused bis
brother. j. Parker Dashiell. and Mr. Light
foot. his brother-in-law, were also in attend
ance.
As soon as Mr. William s. Dashell entered
the room IA custody of Deputy Sergeant
Claiborne Epps the Jury was called. Captain
Sol. Cutchins. OF the defense. stepped into
the courtroom in company with Common
wealth s-Attorney Smith. and Hon. George
ID. Wise came in n few minutes later.
The Court expressed the hope that the ex-
animation would be made rs brief as possible.
lie did not intend 10 suggest TO counsel not
90 ask questions which they did not deem
necessary. but hoped they would make the
examination as expedltl US as possible lie
would like very much 10 get through with
the case that evening IN the interest OF every
body connected with IL.
Mr.. Dashiell being recalled by MIR. Smith.
stated that in conversation with John H..
Ludwig he suggested that some one should
buy in the property and he I'D so afterwards,
and bought IL IN his own name and secured
the IudwIgs on the three houses Tor tho
$4,000 He sold the property III July last 10
Mr. WaleTstein He was legally bound for
the amount since the sale "a october. 1880.
He put in the check for .t.0l9 as administra-
tor. and made mp the talaDce TO $6.3DO III
money He deposited his individual check
AS administrator simultaneously TO the
issuing of the decree in the chancery court
In January 1881. he borrowed $1,000 In
money on the property. This fact he had
never stated before during the trial lie Dor
TOwed the money with the consent Of John
J.. Ludwig. The property was IN his name,
but secured the boys for their money te
sold for one-third cash and balance on time
Wallerstein paid the lien.
THE PROCEEDS.
Mr.. Smith wanted to know what had be-
come o. the proceeds. but Mr.. Carter OBJ
jected. taking the ground that the property
belonged TO witness. but that Le would secure
the 1udwigs.
When asked what became Of the proceeds.
witness stated that the money was in his
Office. and that he discounted the notes. He
owed the Ludw.gs about $1,000 and was
about 70 pay II out when he arrested.
He had no administrator account In bank.
The power OF attorney also contained an
agreement between the Ludwigs and myself
that the money of the ". {. Ludwig estate
should be paid to the two brothers by the
firm.
A letter dated October 9Oth was shown him,
which was sent by Ludwig TO witness includ-
ing power of attorney. authorizing Leroy +.
Brown 10 sign the names OF the two brothers
to the administration papers so that MIR. Ia
shell would qualify as administrator of the
estate The power Of attorney. which Mr.
Smith said. lie had only discovered that
morning in the chancery court. was shown TO
witness who explained Its nature. Another
paper was introduced IL evidence which al
lowed Mr.. Dashel 10 become administrator
Witness stated that IN regard TO the issu-
ing of the notes lie had given all the informa-
tion he could in the absence of the Ludwig
ledger for which he had looked repeatedly
hut which could not he found. AT the re-
quest OF Juror HOOfnagle he explained that
he had paid 20 Ludwig in all about { 700.
although only about $500 were due him
He had treated him as "a friend and promised
60 let him have money whenever he was able
70. If Ludwig was to pay tho outstanding
notes, amounting to $500 he would still
owe witness 1920.
REBUTTAL TESTIMONY.
Mr. Carter stated that the defense had in
tended 10 produce another witness, but that
the same was sick with typhoid fever and
could not appear
In rebuttal Commonwealth's-A Attorney
Smith recalled Mr.. j. l.. udwig who posi-
lively denied ever having signed notes in
blank for Dashiel or any one else. He added
that in 1891 he had not signed note to any
one aud that he had no reason TO sign any. in
May, 1888. while in Birmingham, he only
once received the sum of s zoo for which he
thought he had issued n draft. During the
time from July s 1880 to July 30 1891, he
Lad not been hard up but had had every day
to his credit in bank about $500. lie had no
recollection that Dashiell had told him that
some one would have to buy Ia the property.
10 Juror hOOfnagle witness stated that he
had not acknowledged on the previous day that
he Lad received twice the sum Of y, 90 while
II birmingham in lsS-. He told the court
that while there he had received several re-
mittances from Dashel but once only the /
sum OF 81 200 which lie thought had been the
proceeds OF a urait
Mr.. LEROY T. Brown was next called by the /
prosecution, but he had 10 stand aside Tor the |
reason that his books had not yet arrived
MIR. wallace was recalled, and over the ad- |
instability of his books a considerable SQUAD |
bic ensued among counsel while the Jury had /
been taken out MIR. Smith endeavored TO /
show from the book that on MAY Goth Mr. |
ilashiell had depost ted M the Citizens Bank /
the sum OF : 90. Whether this was so or not /
he did not know. bat wanted TO convince him.
self first from the book whether such entry was /
IN existence before he would call the witness TO |
take the stand. Mr. Carter called this a fish
Ing expedition for testimony and he was sus-
tanned by the Court who stated that the Com |
monwealths Attorney could only inspect the /
book after witness had testified IN regard 10 |
II. Ihereupon Mr.. Wallace was told 10 stand |
aside, but ne was afterwards recalled by Mr. |
Smith and 10y his testimony proved that /
such deposit had been made.
LEROY BROWN.
Mr.. Leroy f. Brown WAS then called by
Mr.. Smith. he II AIDE Il statement rs TO the /
business relations with Mr. ashiell who |
WAS IN charge OF the books and finances while
member Of the firm. lie read from the /
ledger the accounts OF w. c. and j. L. Lud-
wig which tailed with the account in evil
dence made out in part 10y MIR. Dashiell and
In part by Dir. Cobb. He did not know Of
any other account of the Ludwigs. but adj
United that he had known what was called
the Ludwig ledger. which had been kept by
Mr.. >. Thompson Brown years ago when he
was the guardian of the Ludwig boys. but for
the past siA or seven years ne had not seen
the book IN use. lie did not know where il
was at present and 10 his recollection be had
not seen II for the past three or four wears.
when cYosS-examined by Captain Wise he
stated that he did not know when his brother
settled up the estate OF W. G. ludwig. Mr.
DashieA knew ali about it, for he kept the
books.
When shown the stubs of his check book he
Iaied 70 hnd one for $ 90 during the time
from May 10th 10 May Goth. 1882 which was
changed to either Ludwig or Dashiell. lie