The times. [volume] (Richmond, Va.) 1890-1903, 1897-12-11


| ana at last II goes to that great tribunal
| the public opinion of the State OF Vir-
| glnia. This IL all ! have TO say on That
subject. I know that am helpless. and
| that my client Is helpless II this gentle
| man declines 10 answer. I know that
| this committee have no power 10 compel
! the witt ess TO answer II they desire 10 do
| n I did not hear the form of the oath
| administered. but / presume II was the
| usual form. TO tell the truth, the whole
! truth and nothing but'the truth, so help
| me God Was III Was that the FORM
| Judge Green: The oath administered
was that the evidence given should be
| the truth. the whole truth. and nothing
| but the truth.
| General IIundley. Now. II this important
item is not brought TO light. how does
| tho public get the whole truth? mat IS
| the question. Amt the public entitled 10
| have IL? Amt the camp entitled 70 nave
| 81? await the decision OF this committee,
| and shall bow to II with the utmost re-
| spect. have placed the matter before
| YOU as II has occurred TO me. with the
greatest Difference for your judgment, and
distrusting my own rather than yours.
THE COMMITTEE DECLINES
The Chairman after consulting the
other members OF the committce); Inc
committee have come TO the conclusion
that lnasmuch as these checks were simply
produced and handed TO this committee
through Mr.. Baughman. he not Identity
ing them or tcstifying about any matter
whatever, except the delivery OF the
checks for inspection, that IL Is not
matter for this committee 10 go into, ana
TO discover where those cheeks came
from-ln view Of the facts.that THESE
checks and the genuineness OF the checks,
ar admitted
by Mr.. stubbs The existence and gen
uineness of these checks are not denied
bv Mr. Stubbs and so far as this com
mittee are concerned IL is immaterial as
10 where they came from. in view OF the
fact that they are admitted-whether they
were delivered by the bank. or delivered
by Mr. Womack. or found. or gotten sur
reptitiously Is a matter when thls coih-
mittee feels that IL would be improper 10
go into in view OF the fact that the
genuineness of the checks, signed by
Womack and endorsed by j. y StuDDs-
whether they connect Mr.. Stubbs In any
way with Womack or with a puohshlng
house. We think to open up the question
OF tracing whence came these checks tas
they are admitted 30 be genuine) would
be opening up a question which would
not affect the final result here at all.
If n were proven to this committee that
these checks were stolen, or were found,
or were delivered by third party, II
would have no effect whatever upon the
real question at issue. as to whether
those checks admitted to be genuine, and
not questioned) are of a character under
the testimony that may come up before
us TO connect Mr. Stubs with this pub
fishing house. or with an agent of the
publishing house. The committee. sir,
have come 10 that conclusion. and ii Is
proper for me to state that Colonel Tay-
lor dissents from this view which has
been taken by the committee. The other
four of the committee concur in the view
that | have expressed.
Colonel Taylor: I will state that | have
dissented from the opinion of the COM
mittee for the reason that we have come
here for the purpose of getting all the
facts we can. ! do not know anything
about the legal points or the technicalities.
We came here for the purpose of trying
the case. Colonel Stubs has been ac-
cused. and ] think the question is a very
proper one and the witness should answer
IL.
The Chairman: 1 would suggest to Cen
eral Hundley. Cor whose opinion as law
yer / nave the highest respect. that in
the event ;his witness should decline TO dis
close the information asked for, that IL
rhis committee were to open up that ques-
ton there is no telling how far II might
60 Admitting the rightfulness OF coun-
sci for Mr.. Stubs to ask this question:
i'm case this gentleman declined 20 an
swer II land il seems hat is his purpose
as far as | have heard him) II would open
up the question to such an extent posi-
bly, that il might be necessary to sum
| mon witnesses from a distance. and while
we are here ready and prepared 10 stay
any reasonable and necessary time 10 give
a thorough trial. yet it is proper for us
to say that with these checks before us
and their genu!neness not disputed, IN
my view of it this committee would not
be influenced by any testimony as TO
how these checks were gotten. they nave
been admitted to be genuine. and not be-
ing disputed, they stand in that position
before us.
General Hundley: / have no further
questions to ask this witness
TO DRAW OFF ATTENTION.
Judge Green: I beg to say in addition
that. while agreeing with General Humid
ley in his statement Of the law i'm matters
of criminal examination. II occurs to me
and the ground on which l put my view
i'm this case is-that this is a collateral
proceeding. II is an offer TO interJect
matter about which there is no dispute
the existence Of the checks. The ques-
ton as TO whether these checks were
come by honestly or dishonestly-to draw
| off the attention of the committee tand
| If we had a jury here. 10 turn their at
tention) and cause ii to appear that the
manner in which the checks were gotten
IS the chief object of the investigation.
Now. we are not authorized to make any
such investigation, we are not here Tor
that purpose. except in so far as II might
be rendered necessary by the impeach-
ment of any OF the witnesses, and If YOU
can impeach this evidence by any system
| of questions to this witness-the evidence
| that these checks are genuine and genu-
| inely endorsed--I think 1t would be ad-
! Missile; but it does not add anything TO
| he Evidence whatever 40 show that they
were gotten surreptitiously. admitting
| mat that could be shown. as to which
| the committee know nothing. 1t does not
add anything TO the evidence in this case
| as TO the bearing OF those checks upon
| the conduct of Major Stubs. 1t does not
| add ANYTHING whatever TO show that some
| rascal stole them from his house, or from
| anywhere else. ifthey were stolen. lie
| saws the checks were given TO him ana
| are genuine and II is entirely collateral
| matter and would turn the committee
/ attention into an entirely different matter
| 10 inauire from whom those checks were
| gotten to be presented here. They are
| here and Colonel Stubs has himself ad-