The times. [volume] (Richmond, Va.) 1890-1903, 1891-05-16
Mr.. GRYMES FOUND GUILTY
Ind Given One Years Confinement In the
Ptnitentary.
IN ARREST OF JUDGMENT ASKED FOR.
.,.,,on 10 re Argued bY Counsel this Morn
ing-Instructions 20 the
Jury.

N- GRIMES stood up. The Sergeant passed
,he verdict 10 the clerk.
He read. We, the jury, find the prisoner
81 Buford Grymesl guilty and fix his pun
,.hmeut al one year in the penitentary.
shortly afterwards the court adjourned.
Thus were the closing scenes enacted in the
c-rmes trial Yesterday
The proceedings began promptly at 10
....,-k Yesterday morning When the jurors
...,,e-,d to their names Juror Anderson had
Handkerchief bound to his head. Vie was
srferng considerable pain, but herocaliy
...I a. Mr.. BOudar continued his tcSU-
1.,~v. which consisted in explaining the dis
l-epsncies between the general cash book and
nl desk books.
NJ = G.. Greenhow. Of the Treasurer's
.a.e. was neAt called and stated as % the
,,.rership of his books. | settled either with
M Chndrey or Mr.. Grymcs he said Posi-
ky fora year have settled with Mr. Grymes.
Vy security that my cash at the end of the
dsv was correct Is evidenced by the marks on
o. book.
Navo- Ellyson was next called His testi-
-.0rv told the whole story OF Mr.. Grymes'
VISIT % his Office IN the company OF Mr..
N- smith asked the Court TO allow the jury
to ro ont. Tor he was about 20 Introduce
witness that there might be some objection
o. aud 70 was but fair 90 Mr. Grymes that the
,g-v should not hear the questioning.
The jury was carried out and Mr.. Smith
said twas evident that one of the defenses 10
hemaie would be that other people had &C
cess fO Nr. Glymes' cash drawer besides the
prisoner and that IN tins case | now want 10
rr ve that the money was paid Mr.. Grymes
i've O- six blocks from the City Hall.
The Judge ruled that the evidence was adj
Missile and Mr.. Wise said he would save
feep.int' In other words. he objected.
III Levy said he was IN the grocery bust
moss az No. ABB north Sixth street ON the
week the bill was due / telephoned
SIR Grymes and asked him TO pay my
bin $500. because l was too busy TO 90 10
the CITY Hall. About two days later me came
utomv store and paid hum the amount, $500,
Twas under the impression at the time that
WIS personally reimbursing him. He md not
rrce,p, the bill in my store.
The defense did not wish TO ask any ques-
lions. aud Mr. Levy was told - stand aside.
The court al this hour u o'clock took
recess uuul 8 o'clock. Dinner was served III
the interim.
Second Session.
Judge Aiken assembled the bench at o'clock
an SAID that he would like o. hear further
evidence AS 10 the custom of receiving money
10 tle Treasurer's office. ] see, he said,
that one If the city ordinances provides that
money shall be received by the Treasurer, and
another ordinance provides that the clerk
shall receive money in the Treasures alb
serca want 10 know the custom OF the
Office
Mr.. Chldrey was called and took the wit
ness stand and testified.
The jury was then taken and Maj. String
fellow. addressing the Court. said: Ii Is mani
io-fv impossible 10 explain the WIDE range
tie evidence has taken to-day. but believing
We ore fully armed under the law we have de
temmei % stand ON our legal rights, and ask
that these instructions be given the jury. j
vii read the Instructions:
DETENsE's INSTRUCTIONS.
The Cour, instructs the jury that if they be-
ieve from the evidence that on the 18th day or
february. 1891, John X. ChIldrey was the duly-
city Of Richmond. then SAID ChlldTey; treasurer
aforesaid, and not the accused, l.. BufOrd
Grymes, had III contemplation OF law the Gus
tOdy of the public funds of said city and the
Ofiense charged against him i'm tins Indictment,
because there a. fatal variance between the
allegations in the indictments set forth, and
the evidence offered TO sustain the same.
The Court further lnstructs the jury That an
der tho evidence adQucc0 IN TINS case, admit
ting and assuming the same to te true, the ac-
cused. J.. BufOrd Grynes. is not such an officer,
agent or cmplOye Of the city Of Richmond as 10
he within the provision and meaning OF sec
non BIZ OF the Code of Virginia, on which this
indictment is founded, and that he cannot be
convicted of the otlense charged against HIM IN
AS soon as these instructions were read
Captain Wise asked Mr.. Smith if he had any
Instructions.
Mr. Smith: No. sir: | have not.
Major StringfellOw, addressing the Court,
said he was rather embarrassed, lnasmuch As
he did not have the authOrlty-9th Whar-
ton-he thought was conclusive in the case
Tho book. he said. was in the State Library
Yesterday but to-day it IS not there. ] feel
certain. however. that 1t can be obtained
from one Of the bookstores of Richmond. If
Your Honor please l would like 10 get tie
book
The Court thereupon declared a recess for a
half hour. or until the book could be gotten.
Major Stringfellow returned shortly without
the book and before the Jury was brought IN
argued the point He maintained that MIR.
Grvmes did not have the custody OF the pub
lc funds What his employment was, sand
the Major, does not appear IN this
Indictment. You only know the &c
cused by the indictment, while 1t is
learned from the evidence that the Treasurer
was the custodion of the public funds, and by
the law Of this city the Treasurer IS made the
custodiOn and not the clerk. The prisoner
NAV not have done his duty but he had not
broken any law. The Treasurer IS required by
the ordinance 70 receive the money, not the
clerk The statute does not apply TO part of
the public funds. but TO all of them, and the
Treasurer was as the statute words 1t, custO-
dian.
Why TO talk Of man being the custodian of
the public funds of Richmond who gives q
bond of 900 is absurd 1t was the bare duty
of the clerk even to receive the money. and
the legally authorized person Is responsible
ior the fund, not the agents.
CoMMONwEALTH's ATTORNEY.
Mr.. Smith. addressing the Court. said In
suuctons have not been dreamed of
by me when the bold proclamation
has been made that the guilt of
the prisoner would be disprOved, but as
the defense has quoted no authority / don't
think / should ask for postponement to
consider the instructions. Speaking of sec
ton 37l7. that statute allows me % be in the
c0nunctive. and 10 try any one under that
section. be he officer agent or empioye.
The passage of this statute was 10 PIT public
officers on higher plane. and not 10 class them
with bOOkkeepers, bank clerks, that could
be suspended or discharged as their superOrs
would dictate This statute was passed be-
cause men elected by sutrages OF their fol-
lowers unfortunately sometimes prove I'M
worthy OF the trust repOsed III them. and this
law saws 10 them, YOu are not guilty of petit
larceny or grand larceny but you are guilty
~ felony IL was passed because our
legislators saw the communicating IN
fueuce that Northern entertainments were
having on tie minds Of the people of this fair
Old State. 70 contend as the defense have
contended that money must be PAD 20 the
Treasurer alone is the height OF aOsurditF.