The times. [volume] (Richmond, Va.) 1890-1903, 1894-06-26
ErRY DID NOT AGREE.
PROCEEDINGS IN THE cADor
i' cns CONES TO 4 CLOSE.
.n,rent by Counsoi--Judge witt
GIVE. plain Instructions to the jury
Locked M Over Night.

-. t-ial OF inc 'auo' case was an"
1he -. Hastings Court again yesterday
50 " MI. Meredith opened the case
r',. defence without ceremony. and
iN l,~ Mr.. Philip OMEN. the city
o2+ as the first witness. That gen
G'', ,ot answering TO his name. Mr.
at.. HALL Crew. the deputy city col
VIC" mo is an expert bookkeeper, was
bat before the testimony could
sst ..tc~ commemorative Attorney
. Dol announced that he would nave
s9N.-.ar .n the circuit Court 70 DC PIvs5
% "t. he tria. OF convicts LOT sG,SonGG
e., 90 "fudcc Witt. therefore. ordered
o1ri, .,,rrmcut until II O'Clock -.
fhe court rCconNened MI NIcN
500, -..cr thirty-cight years olu, anu
b'lAN i,.rcd the accounts relating 10 the
) h "otth tae assistance OF Mt. tauo,'
cas- u made out separate accounts, al
" .' nj credits on the books ana those
NNt"- , lfr. Cadot TN regard 10 outage.
sia.rt srnRu the DOnau account, con-
p. me tented purchases as mace,
-...nt.nC 90 NoSNlS. ana the cred
az '..,.I ON the books, aggrcgaOnS
is The credits which AR. CABOT
s. t- addition. but which had not
e.".. lowed him. amounted TO N.oo'.lS.
10. -r.o made similar statements as 10
-" counts which he had gone over
-.aI out the figures. wnich ne had
s..-f on a halance-sheet. covering
i.t-,-ttrfa different accounts, and
t" slowed "a balance of S39S.0S TO the
N. - Nr cadet Another delay oc-
s+ u o'clock. when the grand jury
t.t[ -.,m had 20 be called. having been
e--e8 over until that day. The petit
-. VAS called next, ana the witnesses
W. er~e 90 appear before the grand
Afl2l5 I. N. the trial OF the CABOT
~ AIS resumed. and the only question
.t4 Z Mr.. Crew by Mr.. Meredith
t-c-t 0gt the statement mat witness
10 n II
q. CABOT. which showed a balance
"a mo latters credit OF MIN.
- GRO .s-rxAMINAuoN.
..- Examination by Mr. Richard
q.,,ess stated that he had gone over
nan, accounts as the time at his dis
s..f IN accounts. Where gauger's GER
FL ,-s raul not be furnished a short
~ ,rs SALON and a half had been
"r.e.d .-l on certain brands rebate
o.. s-.r fgs 10 fifteen cents per gallon
IA hse~ owed. according 10 the state
No. , n. 81 CABOT. A discount of ; per
~ 49, -i irayage was also allowed.
STr.~ made the compilation he did
w.. --s 20 Mr.. Cadets orders. which
u.s. d. the time in the possession OF the
,s..-rou He had only a number Of
tr., 20 his disposal. and he could
XIV testify as 10 the correctness OF Mr..
- f-+s .ccOunt as far as he had been
- 10 % 81 over II. but he did not know
4 whether the information furnished him
u.s lsssd on facts.
a amber OF gauger's certificates relat-
t-- The case. which were signed by Mr.
Fr ONein. the City Gauger, Wer.
rs.-si in evidence. Mr.. Day testified tnal
,. made his last payment 10 Mr. Cad9'
r Nay 1873. for which he had been cred
rsl ty the firm.
v- Meredith stated that he had intend
81 On put Mr.. CABOT on the stand. bui
fearing that the S-eNamlnauon W"ulD
tase az least a whole day. he was VII
INK % rest his case, and ne Subnllltu
BIS Instructions 10 the jury: a rec
VAS .hen taken until go =. VI. 10 enable
t.e Commonwealth Attorney 10 loon
over these instructions and prepare Hls
ORn.
TIN ARGUMENT.
Immediately after recess the instruc-
tons u counsel on both SIDES WeIe S, .,,,,
riuei 10 the Court. Mr. RicnartSoI.
then opened the argument on Dehd!l Oh
tfe prosecution. and explained tiie uIliti
elce between embezzlement ana uItdC al
~ trust. He thought an emDelIieI NaSS
meaner than a common, orulh"ty r ~.
for 10 addition TO stealing, ne peI!a ~
sacred trust. A man who stole 80 wa
a thief, one who took ND,Vn was an cIlI
tezzler, and one who took SlVVVb an ~
pert nnancier. Mr.. Richardson then Wen
into the details Of the statements mdu'
by the various witnesses. ne SUM-
for nearly an hour and half ana closee
Lv saving that the prosecution had pro-
Ghat the money In question haq DeVl
freCeived by the defendant; that ne dig
~, Ind II 10 his house as he should
have done: that ne was largely lhdTottu
10 his firm and had shown criminal IN
tent of defrauding through ms who're
course. and lastly. through ms COMES
sion. that ne was guilty OF the charge; =.
Mr.. Meredith then Followed on brHdA
= the defence. and dwelt on the lhstI u e,
lions as issued boy the Court He retuted
're statement that the defendant had con
fessed 70 having done wrong during the
.sf two years. while witness after VII
ness had testified that their allowances
iv the defendant dated back 10 1874. AL
the money received from customers hao
been paid over 20 the firm. The detehIahl
could not be charged with empeLIHns
any money allowed for drayage, snort
- discount or ireigai, even Il uni n,
rot allowed by the firm, nor could u'
fa charged with embeZZling money pal'
ir by one customer when ne cIeulltu u
another. nor II he kept any OF the nom,
Tor his salary, and ran in excess OF nv
seiarv Mr. IIssenden, the bookkeepe
AZ me Live Oak Distillery Co, when OF
the witness stand, and askeu WHtl!e
r4 could tell how much money the ue
iendant owed; II all the dIdIdife, a. 6a'
shortage. and discount was anoWei' ma.
-a nsS,cr in the negative. There had Deer
20 proof brought that the ueltt ,l. u,
owed one dollar. II II was Shly sno ! wi
tfaf A dollar was owing. the ques'iol
could be considered whether or not ui
money had been taken with intent
CnIonei Spotswood closed the argumen
for the prosecution. ana II was SHoi u.
after 6 o'clock when the case was give
10 -" sis i. NJ. the jury informed thu
Court that they had not yet come 10 al
agreement. and the court was. therefore
adjourned over until this morning al
o'clock.
OTHER MATTERS II THAT COURT.
The Smithers jewelry robbing case wa
called up yesterday morning, bul ="
account Of the absence Of witness 4"
ne defence had to go over TO l"e mex
me grand jury for the June term, Nj
Lewis III. Blair foreman. convened ye0tei
C.s morning for an adjourned neetlh5
ana after short deliberatOn, Drought Il
Ne following true DIS; r.t.
for misdemeanor: Jacob Bernstein
ST. a.. Brooks. John Chapman, Ami
Fountain. John Gaskins alias Geors
Reed Theodore Jennings, Mrs. Brysoi
kne l2l Rufus Oliver $. A. Williams.
F0r felony: William Chandler. JON
Il lt,kiDs alias George Reed, samuel Pat
.isl1. James Sydnor. John thompson
carries Smith, Charles Smith, james
ines, Frank Nenable.
Not true bills Isaac Brown, misde
i1eanor. James Bagby. Josephine Jackson
pe IKE Williams, felony
I1e cle-E Of the Hastings Court yes
ierlay issued the following marriage
joseph L. Vest and Carrie II. White
alter r. Joyner and Alma McLauehlin
riN Montague and Mary Meade Winston
orie Scay and Lizzie Holzbach, Mike
y A''sv and Eta London.
CIRCUIT COURT.
In the absence Of Judge Wexford VIII,