Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-03-19
CITY WINS HER SUIT.
JrRy RETURNS VERDICT AGAINST
MIR. STOKES FOR s15,96t.75.
THE INSTRUCTIONS OF JUDGE MINOR.
He Clearly Defines the issues in-
xoIyed and Counsel Agree Upon
Amount of Damages 10 he Allowed.
Appeal 10 he Taken.


=. stokes. as bondsman for the late
William c. Adams. to recover the amount
of the latters defalcation while super
,ntendent of the Gas-Works. was con-
ch,aed I'm the Law and Equity Court
yesterday afternoon, and resulted in
verdict for the city for about three-hfths
OF the amount claimed.
The suit was for S25,56l7i, and the
verdict returned was for $l596i.75. This
sn,m was agreed upon by counsel and
the result may be called compromise
as TO amount. though the defence VIII
appeali At least, notice of appeal was
given.
The trial terminated more speedily
than was anticipated. The morning was
consumed In arguing the instructions
and when these were given by Judge
Minor. they so clearly defined the ques-
1ions at issue that IT was decided TO
submit the cause without argument be-
fore the jury. The appeal, therefore Is
TO have Judge Minors ruling passeu
upon.
INSTRUCTIONS OF THE COURT
The instructions. which were given at
the afternoon session, were as Ioilo"S'
ssThe Jury are instructed that If they
believe that W. c. Adams. as Supern-
teudent of the City Gas-Works received
from the sale OF coke. tar. OF liquor,
any sums OF money which he did net
account for 10 the city Auditor ana
nav into the City Treasury, he thereby
committed a breach of that one Oh ms
official bonds which covered the term
dnring which sums were so received,
surety on each Of the ofhclal Dohos Oh
said Adams. is liable 10 the pialntllf
for the total amount of the differences
AZ any. between the amounts so received
bv said Adams during all or MS seVe-
RAJ terms OF office. and the amounts
paid in by him 10 the city treasury,
moi exceeding the sum Of 5000 for any
one term Of Office.
WHERE NOT LIABLE
"1,be SUPERINTENDENT of the City OF
Richmond Gas-Works, Adams, had no
authority 10 receive and the Auditor
~ inc city of Richmond no right TO
,,a., money appropriated by said city 10
The Committee on Light or the Gas De
partment for ladies city MISSIONS anu
woman's ladies' missions for supplies OF
coke. without an order from the Conn-
ujttee on Gas. and his surety Is not
liable to the city for any loss arising
from such money being received by MN
unless there was such order gwen inns
a. not 10 apply 10 the appropriations
made directly to the said chariues.
"Rut if the difference between the
amounts so received anc the amounts
% Maid in during any one term OF OF
fee shall exceed the sum VI $500 LII,
the defendant is. as to that term OlIS
,es,onstble for 5000, and IS not respoh-
slble for the excess 49,.
"But the jury are instructed tha' tue
amounts received by Adams, when were
annropriated to the Committee OH
Light OF TO the Gas Department lol
the benefit of the ladies CITY MISSIONS
and Women's and Ladles Nlssio"'
cot out i'm Instruction No. :, are ho'
20 he considered as received by MN IN
bts capacity as Superintendent OF the
0ss-Works. so as TO bind his surety
NOT RELIEVED OF LIABILITY
..rha iurv are instructed that the EVIL
100 in this case as TO any negleci OF
-rnission of duty on the part Oh lhe
clerks or book-keepers at the 80
works. on the part or the Ooiiiihi -
ON Light. or on the part Vi 'no 20
Auditor. cannot AFFECT the iiap'l'S
any shall exist, of the deiehuant u 'n ~
- for a breach by W. [. ADAMS Vi
oi'S ono Of his official bonds; nor can
80 s,cb liability be affected, even II
- s,,,,, shall believe that any such
sHo ,,ssner or clerk OF foreman knew
or shared in any defalcauohs Ny 'ne
Gid Adams. If any were conlhiu'eu. 20
II the Jury believes that any sumo "
money were received at inc C"y
49, from the sales Of coke, TAR Vi
WoIhS the clerk or book-keeper or
sr,,,an and was converted by such
aIarL ar book-keeper or foreman 10 MS
cIe. ctr. &c With the knowledge or conni-
&c OF the said w. &. Adams then
ID Adams and the defendant as
s,,re,v on his official bonds IS as hdple
80 the CITY for such loss as IL the saiu
Adams had received said sums Oh MONEY
and failed to pay them over 70 ,he OisS
.r-sasurv unless they believe that the
-.'oaoy or some portion thereon. so re-
.lnr,ed was money with which he was not
11hayeeahle under instructions given In
''''' RIIRDEN ON THE CITY.
.srhe burden of proof is on the plalntin
A.. 800 hy the evidence that the money
claimed ia this case by the city, or some
norton OF 1t. was lost through and by
INC dishonesty OF Adams, and unless tins
a. done there should be a verdict for the
defendant.
sput the fury are instructed that the
defendant Is stopped from denying that
Adams received every dollar stated by
him an his monthly reports 10 the Com
mittee on Light to have been received by
him from sales az the gas-works. and the
5ury are instructed that any account kept
nv Adams in his handwriting and ex-
bibited 10 the jury showing how much
money ne received from the virginia
chemical Company and from John Arm
itaee q Sons for ammoniacal liquor or
tar SOLD al the gas-works is prima facie
proof of the amounts 80 received by him.
A VERDICT by AGREEMENT.
AS soon as the instructions had been
read. Mr.. c. " Meredith, counsel for the
city. rose and said that the instructions
were 50 very clear that counsel had de-
cided not TO argue the case. Furthermore.
that counsel were agreed upon the amount
OF damages for which verdict should
be given. lie submitted TO the jury for
their consideration and signature the fol-
lowing verdict;
I'VE, the Jury. upon the issues joined
find for the plaintiff. and assess its dam
ages al SIS 95475.
The verdict was signed by Maxwell T.
Clarke foreman.
MIR. Carter, OF counsel for the defendant