Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-06-26
IT GOES TO A JURY.
ne Panel in the CABOT Case Unable to
Agree and Locked Up.
SPICY ARGUMENT BY COUNSEL.
,.s,etments Found Yesterday and Other
Court Ncws-Mectings of Coun-
ell Committees.
THO ,ary could no, agree,

-..rt ga the charge or embezzling funds
NJ nc Lye-Oak pisullery Company, of
~.-.muau.
!, Wse o'clock yesterday afternoon
.l.a Coioael Spotswood closed his argu-
,.-. far the prosecution. and the jury re-
-,rsed. Al 2 they returned. and not hav-
.-- lecn able 10 agree were sent TO Ford's
r..a G, supper. after which they were
.s-.cl up uutn this morning.
THE BOOKS EXAMINED.
Tic side OF the defence began yester-
Az morning shortly before 10 o'clock.
~ sr.t witness called was MIR. Philip
oNeU C.W Gauecr, who was not pres
OIL ST. William Hall Crew was, after
Sion, iutcrmisslon. placed on the stand
...l cSper, bookkcoper. lie said he had
DAMNED thc accounts relating to the
.. he had been assisted In doing so
tr Nr CABOT He had made out separate
accounts. allowing all credits on The books
r. chose spoken OF by the defence In
-..-4 % outage. etc The witness said
f u.. shown the Donau account. which
Contained itcmized purchases amounting
o., y.r0l3. ana credits allowed oggregat-
r- Ef-Sa71. The additional credit
o..i ny Mr. CABOT. and which had not
bon allowed him, was Si657Is.
t- crew made similar statements as
O., .n.r accounts which he had gone
..r. ana read out the figures which he
prepared on a baiance-sheet covering
ta.rty-threc different amounts. and which
showed balance Of $59sOS TO the credit
g '-r. Calot.
INTERRUPTED AGAIN.
Another delay occurred at II o'clock.
vha tle grand jury Of the term had to
b. called having been adjourned over
... taat hour. The petit jury was called
f.rt ard then the witnesses who were
O. .r;ear before the grand jury. At l2I5
- g. The trial Of the CABOT case was
,..m.l. and the only question asked
- Ir. Crew by Mr.. Meredith brought
. 1' statement that the witness had
er. over the personal account OF Mr.
$ cadet which showed a balance TO
t.Mttars credit OF SS24S
I. ctoss-cXamination by Mr.. Richard
s Nr Crew said he had gone over
.. uIry accounts as the time at his
l...sll allowed him, but he had not in
o. lA "a kl4N4ll " iltit EaAEFi tfi~
.t.st.s could not be furnished. shortage
.t .r. gallon and a half had been allowed.
OIL. on certain brands a rebate OF from
f. ~ cents per gallon had been al
l.f.l. according 10 the statement OF Mr.
D...t s. discount Of per cent. and
....age was also allowed. when ne made
r. ..mplation he did not look at Mr.
Cadets orders, which were at the time
e. tea possession OF the prosecution He
l' only number Of invoices at his dis
t-4 and he could only testify as to
r. ..rIectncss Of Mr.. Cadets account
. flr as he had been able to 60 over
- tut he did not know whether the in
formation furnished him was based on
t.,-.
IS number Of gauger's certificates re-
.--ls 10 the case signed by Mr.. Philip
ON.il City Gauger. We're offered in evil
..,,.
DID NOT TESTIFY.
Nr Meredith stated that he had in
.ai.d 10 put Mr.. Cadet on the stand.
fearing that the ss-examination
I'd take mt least q whole day. he was
ng to rest his case here. He sub
rrei his Instructions 10 the jury. and a
-...-s was then taken until 2:30 =. Nj.
,0 enable the commemorative Attorney
.o'k over them and prepare his own
.Srlcuons.
After recess the instructions Of counsel
- both sides were submitted 10 the
COURT Mr.. Richardson then opened the
.r-4mout on behalf of the prosecution,
a explained the difference between en-
mrnt and breach Of trust. He
.rai an embezzler was meaner than
DID, .umou. ordinary thief, for, in addition
4" stealing. he betrayed q sacred trust
49, Richardson said that man who
unrtsa Ns.r.Lr
.H was an emheZZler, and one who
t. $4,000 was an expert fnancier. The
...ssI for the prosecution closed with
t.y interesting review OF the whole
.. saving that the prosecution had
.-l that the money in question had
t..a received by the defendant, and that
.- -l nor send 1t 70 his house.
SPOKE FOR THE DEFENCE.
Following Mr.. Richardson's burning
v..Is Mr. Meredith spoke for about three
quarters Of an hour on behalf OF the de-
t...e His was more OF an argumenta-
,.. talk than anything else. lie dwell
tt ll-th upon the instructions OF the
Court He denied emphatically the state
r .' that the defendant had confessed
t.rg done wrong during the last two
s..- while witness after witness had
t...e3 that their allowances by the de-
f.ifnt dated back 10 1884. All the money
wed from customers had been PAID
o..r 20 the firm. declared Mr. Meredith.
defendant could not be charged with
....lzlirg any money allowed for dray-
... shlrage. discount, or freight, even II
ts Was not allowed by the firm; nor could
s.. Dbl. charged with embezzling money
o.. be- hy one customer which he credited
a aslthcr. nor II he kept any OF the
money for his salary. and even in excess
I faaan14p the hook
keeper on the Live Oak Distllery Com
iaty. when asked whether he could tell
--w much money the defendant owed
80 al fhc drayage, freight. shortage, ana
discount was allowed, had to answer In
pc negative. Mr. Meredith argued that
". had been no proof that the defend
- owned the company anything. Only
- vas shown that dollar was owing
i the question be considered whethtr
- rYt the money had been taken with
uf-rf ~ defrauding.
Colonel Spo,swood, the Commonwealth
Attorney. IN closing the argument for the
81 .Iuon. went over some Of the most
damaging testimony. and for half an hour
reviewed the evidence In the case and the
l4w touching such cases II was o CLOCK
t.tn The jury retired. leaving an eager.
tAi.. taut throng TO wait for seVerai
frs 80 learn the result, which as
t....' N the beginning was q ialiufe ~
agree upon a verdict.
GRAND JURY INDICTMENTS.
The grand jury yesterday found true
Bills ,f Indictment against the following:
tr nIsIvmcanor-Jacob Bernstein NJ.
Brooks. John Chapman. Annie Fouh-
tIu. John Gaskins alias George Reed.
.a.iore Jennings Mrs. Brisson King
iufus oliver. Charles Smith. James
4t,ua. Frank Venable. S. a. Williams.
fr i-lony-Wnlism Chandler John
G..k.rs alias George Reed, Samuel Pat
ia James Synder. John Thompson,
SuuI Talbot, William Woodson alias
tar.,s Smith. Isaac Brown, Josephine
,a.ssJn. George Williams. James BagDy'
OTHER COURT NEWS.
jo.n Sloan qualified as executrlx OF the
N " Mary a. Sloan la the ChAnceIy
G. -It yesterday.
l0 The Law and Equity Court only one
s-t was instituted yesterday-Henry H.
'arsu4n ". Lizzie Christian, IN chah-
Gerry
I'm the absence q Judge Wexford, OF the
lf.lu Court. who Is In Lexington. Judge
Minor presided yesterday. Judgment was
confessed IN the suit Of the Quaker Wy
ifat Company vs.. Fox & Rider, LOT