The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-24


81. Griffin was by consent of all parties
postponed until Saturday. Judge
Woods announced that he would give
his decision on the demurrer to the in
dictment. Of Messrs. Terry and Griffin
to-day.
Tho trial of the commonwealth vs..
81. F. Loving was then taken up. The
venire facias was read and the jury was
found to be present.
The names of the witnesses were
called, and 8. j. Deyerle, a witness for
the defense, was found to be absent
Mr.. Loving, the accused. went on the
stand, and stated that Mr.. Deyerle WAS
material witness, and was in posses
sion of facts that could not be proven
by anyone else.
A. G. Beckner, ON being sworn, stated
that Mr.. Deyerle, the witness, was now
in Colorado, and had not been in Roa
noke for some time. 3. Lacy Hoge
stated that he had seen Deyerle at
Eliston since the Indictment had been
made.
Wright C Hoge and Col. John e.
Penn, counsel for Mr.. Loving. asked
iOi q Oh bn6 REOuQQ Oh G16
absence OF material witness. Com.
monwealth's Attorney Hardaway OBJ
jected to continuance on the ground
that the accused was prominent man
and ought to be brought to trial; that
there was nothing to show that the
witness would over return from Color
ado aud that it had not been shown
that the witness was material one.
Judge Woods announced that he
could not grant the continuance on the
ground of the absence OF Deyerie
Colonel Penn, for the defense, then
offered plea Of abatemen in this case
similar to the others in regard TO the
indictment. This was demurred to by
The commonwealth and the court sus-
tanned tho demurrer.
Mr.. Hoge, Of counsel for the defense,
moved to quasn the venire facias on the
ground that 1t was not legally issued i,
and tho court overruled the motion.
The counsel for the defense also de-
INJURED to the Indictment, and the court
overruled the demurrer.
Deputy Clerk Kizer then read the in
dictment charging II f. Loving with
embeZzling from the funds OF the First
National Bank $500. Mr.. Loving en-
tered plea Of not guilty. The follow
ing jury was then empanelled: R. P.
Good, j. w. Pollard, j. b. Wertz, j. Il.
Overstreet, S. L. Crute, Charles Sink,
G. f. Baer. j. w. Pepper, j. c. Hath
away, w. M. Wood, f. B. Bates, j. I'll.
Featherstone.
After the counsel for the defense and
the commonwealth had made their
opening statements the witnesses for
the commonwealth were separated and
taken from the room and the first
witness, Hon. FL. S. Trout, president of
the First National Bank, was placed on
the stand. Mr.. Trouts testimony was:
III. E. Loving was paying teller at
the bank and handled great deal of
tho money"
At this stage Mr.. Hoge raised the
point that the defense objected to Mr..
Trout's testimony and to all other testi.
mony showing that embezzlement was
committed as that crime should be tried
before United States court. The court
over:uled the objection and Mr. Trout
continued.
ION the fifth of October the examin-
ing committee looked over the cash
items ard could not reconcile the items
with the statement of II. f. Loving.
The committee discontinued the exami.
nation and l spoke to Mr.. Loving and
told him to have his statement in beJ:er
shape. He said he would but he did not
return to the bank. There was q short.
age of S696.75 in silver, and in mutilated
currency of $3.50. That was the cash
shortage. The other shortage was on
the books and was 5000, making a
total shortage of Sl,o56 rs.
The shortage Of silver was discov-
cred on the 1st OF July. The mutilated
currency was unfit for use. The teller
keeps this till no gets $1,000, when he
has it redeemed. tod Mr.. owing he
must got his cash accounts in shane.
He did not get it in good shape The
actual shortage was S4,155.P5. Mr..
Loving never got his accounts in shape.
We did not hunt for him. The money
taken belonged to the First National
Bank. The paying teller received from
money, which he used in paging cnecks
He is charged with all the money he
receives and is credited in the evening
with all he pays out. We check &C
counts every night.
'"On the evening of the 5th OF Octob, r
there was shortage Of SO, 900, and in
order to mako that tally the,e was u
false entry OF $1,000 and $4,000 | did
not know that until the next morning.
He had currency in 500 5000 and $500
bags, but when coun ed somo OF these
bags were short He he'd separate
vault to keep that silver in.
The amount taken was worth dollar
for dollar. All this money was in his
charge. On tho 5th of DC ober he should
ba 'e had cash on hand 81 600. He IN ad o
entries on the books to cover this deficit
Mr. Loving had been in our employ
eight years. he was getting Sl,25O a
year"
Court then adjourned till after dinner.
AFTERNOON SESSION.