The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-19
s. S. ELY is DISCHARGED.
JUSTICE CRUTCHFIELD SIDES WITT
COUNSEL OF THE DEFENDANTS.
The Accused Tells q straight Story IN
Court-He Overdrew His Account and
10 Ready to Reimburse Com piainans.


on Thursday evening between the
Commonwealth Attorney. Justice Crutch-
field and Mr. L. o. Wendenburs, counsel
Tor Mr.. Samuel 5. Ely. the case against
the ettar, which had been continued I'M
I'll January I'D was called in the Police
Court yesterday morning. Young ely.
who stood charged with embezzling
s0sl.19 frem c. T.. Verdier Co, was
acc II panied by Mr.. Carter Edward
Pun, a lawyer from Philadelphia, ana
life long friend of the accused.
Mr.. Sidney Britt. of Suffolk. he expert
accountant employed by Verdier *
Co, was also on hand. The latter had
visited Ely in jail on the previous day:
the firm. the accused explaining some
of the alleged shortage and exhibiting
some checks and expense accounts wnicn
he had taken with him when he went 10
New York. These papers showed credits
to which Ely was entitled and which
reduced the amount in default to very
small sum.
MIR. Britt was first called to the
stand and stated that on December S9th
he was telegraphed TO. in Suffolk, BY
Mr.. Verdier. from Norfolk TO so to the
latters branch house in Richmond 10
examine the accounts, which were IN
very bad shape. 1t was thought az the
time that the leakage amounted 10
sl,77S.S0. There had been IN the state
ment made out by Ely on December
18th. some accounts named as assets
which had actually been settled by the
respective merchants at that time. As
TO the making up of the statement wit
ness could not tell anything, as this was
done. he said, prior to his arrival and
in the presence of Mr.. Verdier.
Mr. Ely then took the stand to testify
In his own behalf. He said that the
statement was made up from the ledger
as far as II had been posted at the
time when Mr.. Nerdier came here. lie
told the latter that he had accepted a
position at $500 a year with a friend
in New York, whom he had previously
worked for for eleven years, and that
he would like to leave for New York as
soon after New Years as possible. At
ne thought his own account was 10 some
extent oyerdrawn, but whatever the
amount would e, he would make good
MIR. Nerder then replied. witness said,
that If he did not have the ready money
to balance the account. he would be
willing TO take a note for thirty sixty, or
ninety days.
on New-YearS Day Mr.. Thurman
Britt, brother OF Mr.. Sidney Britt, who
was 10 succeed him in this city, arrived
here and witness introduced him to the
trade, but when, the next day, Mr.. SD
ney Britt appeared to take full charge
of the business witness did not think
he was bound morally 10 remain here
any longer. So he left by the Old Do
minion steamer on Thursday January
30, and when he reached Norfolk he
went TO Mr.. Nerdier's office to talk about
final arrangements, but did not find him
in He then continued his trip on the
same steamer for New York. On the
following Monday he was asked by the
firm VINO had employed him what he
had done in Richmond, for they had
been notified by Mr.. Nerder that he
had been charged with forgery, embez-
element and theft,
Witness at once wrote to Mr. Nerdier
for an explanation. and gave him his
address. On the same day he was ar
rested on a telegram from Norfolk and
taken to police headquarters. There he
remained until the next day when he
was brought before Justice Mclean. In
the Tombs Police Court. and remanded
TO police headquarters until Friday, TO
await the arrival Of an officer from
Richmond with the necessary papers
On that day he was discharged from the
jurisdiction Of the State of New York
and turned over 10 the district attorney
he was not compelled to return to Rich
mond without an Indictment, but he
waived all advantages OF that sort
which he might have had anxious TO
come to Richmond as soon as possible.
He signed the necessary papers and
started for this city with Police officer
Marion b. Sutton, where he arrived last
Sunday.
As 10 MS agreement Will MI NtTlltT
witness said that he was TO receive one
half of the commissions taken in by
the Richmond house after he, as well
as Mr.. Verdier. had taken out a month
" salary Of $50 each,
Commonwealth's-At Smith here
asked that the case be certified to the
grand Jury.
Mr.. Wcndenburg briefly addressed the
Court on behalf of his client saying that
ne did not see the slightest reason why
Mr. Ely should be convicted The fact
that he had overdrawn his account had
been admitted but there was no :raudu-
lent intent his client having formed a
partnership with NJ. Nerdier under
which both We're to share profits and
losses alike. There could be 10 defraud-
ing among partners In the meaning or
the law, and even If Mr.. Ely had drawn
oh the money out of the concern, ne
would have only owed Mr. Nerdier d
Nr. X. II. Smith, Jr. dit with
Mr. Wendenburg as 70 the question or
partnership, claiming that Ely was EN-
ployed by Mr.. Nerder under salary.
Evey statment as TO his business trans
actions made by Mr.. Fly. as far as they
were known By Mr.. Britt, were corToDo-
rated by the latter. and Justice CrutchI
field, believing that partnership nag
actually existed under the provisions OF
the agT cement between Messrs. Ely and
Nerdier, discharged the accused.
OTHER CASES.
Robert Lee and John Drew 1.-TWO col
ored boys, charged with stealing two
brides from G. G. Brown, were sent
TO Jail for ten days each
Fields Finrey (colored charged with
assauIting. stabbing and woundng with
a knife Maude Pollard tcoiored), was
remanded TO Jail and his case continued
until January oath. Maude being unable
Pat Willis and Rob. Satterfield the
oh4FupH with steal
ing an overcoat from Robert Bowman
and horse blanket while drunk. They
were both sent 10 jail Tor SIX months IN
default of surety.
Edward Mosby (colored was charged
with violating city ordinance, by tying
his horse to a tree in the street. lie al
mitted his guilt but pleaded ignorance.
He was fined so. but half OF that fine
was RENTED.
with uniawfully and feloniously forging
and uttering as true an order for a
cloak two pairs Of shoes, and six yards
of muslin. on Mr. W. G. Gentry, for
merly clerk in the store OF Mr.. Bur
nett Lewis, and attempting TO pass the
order on MIR. Lewis Pinkey was sent
on 10 the grand jury on that charge.
Two similar charges were brought
against her by Mrs. j. II. Davenport;
but the examination was postponed uht ti
January 9th, on account Of the SICK
ness of Mrs. Davenport
William NJ. Ford. "A colored youth, was
charged with stealing four shirts belong
ing 10 Messrs. William NJ. Hiil' ,. II
Pulliam. +. A. Davenport and DR.. }.
p. Roy. respectively; Il appeared from
the testimony that Ford is student az
the Normal school IN Petersburg, anu
came here two weeks before CnIistnas
TO spend his vacation with a friend. VINO
lived with Peter Lee, another colored
man. The latter takes In washing, ana
a few days ago missed the four shirts