Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-23
In THE JURY'S HANDS
No Verdict Reached Last Night in toe
Terry Forgery Case.
ANOTHER wAnnAsr rrRxs ur.
this Is n Large One, and Tnyi"r
Claims That the Prisoner Endorsed
mad Pissed It-Ini.resting Evil
dsncc and rive Speeches Made.


A few minutes after o'clock In the eye
ming the case was given TO the jury, and
two hours later, there being no prospect
of agreement. the twelve arbtcrs were
called in and s,nt to their hotel until
II o'clock this morning, when they VIII
resume their deliberations.
Burnley Taylor. the chief witness for
the Commonwealth. was again put upon
the stand. and Terry testified once more
on his own behalf The CRY is 'still they
come" and yet another court order adj
mitted by Taylor to have been forged by
him was brought to light. This time the
amount was $2l4 ana was negotiated by
Taylor through Mr.. Wallerstein
Taylor ON being recalled in the morn
ing, stated that he gave the Hanover
warrant (Se0 to Terry about November
18th. which day they spent at the Dodson
House. Terry cashed the warrant anu
turned the proceeds over 10 witness. re-
ceiying as his share Taylor's Cheek TOT
SO. The hotel register and the cheeK
were produced. a number OF other
checks drawn In favor Of Terry by ray
lor were then put in evidence. lh.se
aggregated S20o and bore dates running
from September 18th to November -th.
They had been endorsed by Terry anu
negotiated through Brown DAVIS ~ Az,
kins. and other firms. Witness stdted
that Terry's reputation in hnancial mat
ters was distinctly bad. There were
number Of judgments against him, ana all
his property stood ln his wife's name.
Replying TO the question, how 1t nap
psned that the checks then in evidence
were made out on Merchants National
Bank forms. changed 10 Title, Guaran-
Tee and Trust Company. he said that
these forms were procured in the saloon
of Mr. Dennis ONeil, which they visited
frequently.
SPENT HIS MONEY FREELY.
Cross-examined, witness could not say
why he paid so much money ont OF the
proceeds Of the warrants. when ne reap
cd no benefit. He went through Tue
warrants, and pointed out the ones which
had been negotiated 10y Terry anu those
which had been cashed by himself
He only gave Terry share OF those
endorsed by that gentleman. Questioned
as TO his statement against Ierrys sol
yency. 1t was developed tnat though he
was Commissioner Of Revenue OF King
William county for some time, he was not
aware that Terry owned in his own flsht
two small plots Of land besides the one
on which his residence is, and TINS, 100
stands In his own name. Taylor ad-
mitted that he spent freely and mad dissi-
pated 4 large sum of money duri.g the
mast twelve months. He could give no
teason for having registered at the Dodson
Hotel as coming from California, or Tor
writing his own and Terry's name In dif-
ferent styles
Dennis O'Nei was then called, and tos-
titled that he knew both Terry and Tay-
lor. and that they frequently visited
his place of business. They invariably
went into the dinng-rOom. and frequently
called for ink, though he could not re-
member that any check forms had been
borrowed from him. He kept his bank
account al the Merchants National Bank.
Ills checks were the ordinary style pur-
chased IN the stores Of the city.
Walter Wilson on being sworn stated
that he was Of the firm of Wilson d Tay-
lor, lumber-mllls. King William county.
Terry did considerable amount OF haul
ing for him. From July C, 1894. 10 April
Z. 1895, he he'd paid Terry for services in
this direction S50S40, and to April Ssh,
SELL. which appr0ximated the sum Terry
said be had received from this firm when
giving the sources from which he derived
his income.
The case was then rested for the Com
monwealth.
EVIDENCE FOR THE DEFENCE.
Mr. d. II. Lipscombe was then called by
the defence. and said be lived In Idaho
King William county. Terry had culti-
waited farm belonging 10 witness, and
had raised a considerable amount of corn
there the last two years which must
Dave netted him considerable amount
of money. Witness stated that he had on
seyera, occasions cashed checks for Burn
ley Taylor.
The next witness was the accused.
who stated that the warrant said by
Taylor TO have been forged at the Dodson
Hotel was not endorsed by him, and that
the warrant for S2li had never been seen
by him before The $50 check in evidence
was paid TO him by Taylor for a poker
debt. Others OF the checks We're cashed
by him TO oblige Taylor. and for others
Taylor received part cash and discharged
obligations incurred tnrOugh playing
poker. lie said the amount he had re-
ceived from cultiyating Iipscombe's farm,
was $40. and his vile earned considerable
sums Of money through taking in sewing
and doing other work. The 500 buggy
alluded TO by Mr.. Wllroy had cost him
but SIS. and was bought at the earnest
solicitation Of his wife. He denSd posi-
lively that he owed Willroy anything.
In crOss-eXamination witness stated
where and for what purpose be had re-
ceived the checks from Taylor. intro
duced into evidence that morning, and
stated that one of them was for borrow
VI money, which he returned the next
day.
THE COURTS INSTRUCTIONS.
This closed the case for the defence
The Court then gave the following in
stTuctions:
The jury are instructed that whilst they
,nay convict on the uncOrrobOrated evil
dence Of Burnley Taylor. the alleged ac-
jury that such evidence should be re-
ceiyed and considered with great eau
lion. The jury are the sole judges wheeler
or not the testimony Is satisfactory to
them as to the guilt Of the accused. The
question OF guilty knowledge OF the char
acter Of the forged paper at the time II
was uttered by Terry Is a fact consti-
tuting an essential ingredient In the Of
fence charged IN the Indictment The
actual existence Of said fact must be
proved either directly or By such other
facts and circumstances as can leave no
reasonable coubt on the minds of the
jury that the said fact does exist.
And the evidence OF general good char
ncter Of the accused should bc considered
by thu jury as tending 60 rebut any
presumption OF such guilty knOwledge
The jury are instructed that 20 convict
the accused they must be convinced from
the evidence beyond a reasonable doubt
that George -. Terry on the nth day of
September 1884, at the time he delivered
the forged paper 10 ID. O'SuSvan knew
that it was forged, and IL there rs upon
their minds any reasonable doubt. based
upon the evidence In the case. they should
acgWt.