The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-25

es6 0ON ohoo VIC hatlOn6l U0uho WOE6
the creatures of the National Govern
ment and the State government had not
assumed Jurisdiction over Federal ST.
fairs. He insisted that the court could
do but one thing and that was to exclude
all the testimony that went to show the
prisoner had committed embeZzlement.
He claimed that the State laws had re-
ference to State banks and must be SO
construed unless there was something
In the law to show that national banks
were meant
At the conclusion Of Colonel Penn's
speech Judge Woods announced that he
would have to take time to consider the
law in the case.
AFTERNOON SESSION.
The court was called to order at 2:45
O'Clock. Judge Woods said that in
reference to the motion to exclude the
commonwealths testimony. he had
come to the conclusion that the motion
ought to be overruled, and found, by
reference to Gratton's Reports, that the
offense would come under the iurisdic-
tion Of the State as we'll as the United
States court. Judge Woods, however,
stated that he would not hesitate to say
that he had considerable doubt on the
question.
The jury was then brought into the
courtroom. The first witness intro
duced by the defense was Henry
Stevens. Mr.. Stevens stated that he
had check for SLIGO, which he pre-
sented at the bank. Mr.. Loving
handed him back Sc 60. He told Mr..
Loving 1t was not right and gave him
back the SIS. This was about one year
ago. He had known Mr.. Loving sew.
eral years.
W. w. Dunlap was the next intro.
duced. His testimony was to the effect
that one of his clerks, Mr.. Mattox,
now living in Appomattox county, was
paid too much on check at the bank
by Mr.. Loving. This testimony was
not admitted by the court.
M. f. Conner stated that he took q
check for $500 to the First National
Bank for payment. Mr.. Loving counted
the money and placed it in a sack. After
he got home he found he had $500. On
another time Mr.. Loving failed to give
him enough by $50. On both these oc-
casions Mr.. Loving corrected the errors,
but did not know to whom the overpay-
ment and underpayment had been made
until witness went back to the bank.
j. w. Brewer, on being sworn, said
that Mr.. Loving at one time overpaid
him $40 in cashing check for 81, 100.
Tho witness discovered the mistake and
went back to the bank of his own &C
count.
A. Blair Antrim testified that Mr..
Loving overpaid him $40 in cashinp
check for $40. The witness discoy.
cred the mistake and gave Mr.. Loving
the $40.
G. a. Long, clerk in Paymaster Lacy's
office, stated that Mr.. Loving had q,
various times overpaid him. At one
time he paid him 81. 900 too much. AT
another time he overpaid him $500.
Several times he overpaid 81 and IS too
much. About one month before Mir.
Loving'left the bank he overpaid him
SIS in nickels. At the time he overdrew
the $1,000, he ought to have received
81, 1000 and did actually receive $4,000
in eleven packages. One of the pack.
ages was marked 81, 900 and contained
$4,000. Sometimes the payments were
short, but the shortages never amounted
to much. At every month the witness
drew the money to pay off the Roanoke
Machine Works and the Norfolk and
Western railroad. The witness oftener
drew too much money than too little.
OTHERS WROTE IN THE TELLERs BOOK.
Chas. R. Evans, cashier of the Roa-
noke Savings Bank. was the next wit
ness. He knew of two instances in
which Mr.. Loving overpaid him, $50 at
one time, $50 at another time. Mr..
Evans went to the First National Bank
nearly every day, and often saw others
besides Mr.. Loving writing on the
teller's book. exhibited in court Thurs
day. He had seen Mr.. Airheart, Mr..
Spencer. Mr.. Shields and possibly others
write on that book. He thought he had
seen them do so prior to this indictm enu.
Walter Brodie stated that Mr.. Loving
paid him $25075 in cashiug q check for
S150.75. The witness took the money
across the street and counted it and
took the 500 surplus to MIR. Loving.
o. s. Hawkins took the stand and
testified that on two occasions Mr..
Loving overpaid him in cashing checks.
In the first instance Mr.. Loving paid
him $3.50 for check of 500. and in the
next he overpsid him $40. The witness
returned the money to Mr.. Loving.
e. G. Bennett testified that he, as
clerk for the Fidelity Company, went
with checks nearly every day to the
First National Bank and that Mr.
Loving very often overpaid him. In
three cases out of every five Mr..
Loving overpaid him. In some instances
the overpayments we're large, In others
small. He always returned the excess.
LOVING CAME TO COURT VOLUNTARILY.
Deputy Clerk Thomas e. Kiser was
sworn in and exam ined. He stated
that he generally issued the capaias for
indictments in this court. He was not
certain, but thought Mr.. Loving came
into court on his own accord and applied
for bail and was NOT arrested.
Sergeant j. B. Traynham stated that
Mr.. Loving came into court volun-
tarially; that no capias was placed into
his hands for his arrest.
Julius 3oldafain atatad tbot M, Tow