Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-11


il you wart to have all the light that
II is possible 10 obtain on the subject, IN
the eyes OF this committee. ana OF the
public my friend and client here ought
to stand upon precisely the same grounu
that these gentlemen stand, until any
charges they seek TO prefer have been
substantiated I'm other words, he should
be presumed 10 be innocent until proved
guilty.
tinued. .'criminal courts-and this court
is sitting so far as IL has the power, In
that capacity tfor the object OF this IN
vestigation is To fasten upon this gentle
man a moral crime, and this court Is sit
courts OF which have any knowledge IL
Is not only legitimate. but IL Is OF the
utmost Importance that We should know
the motives-not only the motive at
tributed to the accused. but the motive
OF the prosecutor. / am not here 10
charge any improper motive upon these
gentlemen; far be IL from me, for they
are my comrades. and some OF them my
valued personal friends; but 1 want to
know, when these gentlemen come into
this court 10 try this moral question, how
they came into possession or cneckS
which rightfully do not belong TO them
And IL / mistake not, this peOple-thef
Virginia people--if i mistake not the SEN
timent OF the Confederate soldiers Of this
comrade. they want the light thrown on
this question. When you undertake 70
throw suspicion on the character OF this
gentleman they want to know, where dld
you get the evidence which you introduce
here to asperse him? How did you come
by Il? Under the laws and the rules OF
business. you are not entitled TO 1t? NO
man will stand here and say that you
are. Now. where did you get It, and
where did you come by it2 Either In one
OF two ways-either legitimately or IL
legitimately. IL you did not acquire II
illegitimateiy. say so. If you did, say so:
q frx,a
what were his motives. IL you have none
but the good OF the Confederate camp.
What are the motives of the man VINO
| dropped this evidence here to damn the
rerutation of this comrade? II is per-
| fectly competent for the gentleman IN
| this court (Which has no power under the
| law to compel an answer, to refuse 10
| answer, but appeal to the lawyers who
| sit on that court now to answer me
whether 1t would be competent for this
gentleman If he sat on the witness
stand in court, under the laws II TINS
| Commonwealth. to refuse to answer this
| question?
THE QUESTION OF MOTIVE.
Judge Green: Are you appealing TO us
| to answer that now?
General Hundley: | do not want the
| court TO think that / am putting tEcIn
on the witness-stand. / say that, IN my
| humble judgment, 1t Is my opinion Us
| lawyer, If l were in court of law trying
! this case as counsel for this gentleman, L
would be allowed-and | would not fear
| to state the proposition and argyle Ill
would be allowed TO go into TINS question
of motive, and compel the witness TO an
swer where he got this evidence rom:
| admit. If the committee please, tnat
| the fact as TO where this evidence
came from. and how they came my nv
possession of II. does not effect TIE
| fact that the checks were given, and re-
| ceiyed. and used but this committee. SIT
ting here. is only representing me sleaS
pubic-all this goes out TO the pubic, anu
| they sit i'm Judgment on this grave qnes-
| tion. Now / have heard il asked an hum
| dred times since yesterday wnere tnose
checks came from, and how they came
| into the possession OF these gentlemen
| Shall this witness be permitted TO an
| sWer? or. when this gentleman, CLAIM
| ing all the rights Of a Confederate sol.
| der and n citizen Of this state, is put
| here on trial. shall We have all the nght
| or shall II be shut off right there? Shali
! we know whether his accusers come mere
with clean hands or not, when they come
| here to soil his character-that Is the
| great question. / believe If / were in
| court of criminal jurisdiction. under the
| laws of this Commonwealth, l wouIa pg
| permitted-and do not doubt, although L
| have the greatest Difference for the oPih-
| ION of my friend, Judge Green, VINO mas
| presided in the courts OF this common .
| wealth-none have higher opinion OF
| him and OF his learning and ability thah
| / have; and, also of my friend, VINO SITS
| on his right there. and who has been the
| able Commonwealth's Attorney OF Abe
| marie county. whom l have known lot
| wears. and for whose opinion have hlgi
| respect: but respecting II as / do, sun
| cling to the opinion | have expressed.
| PLEAS FOR WHOLE TRUTH.
| But. laying aside that i come here In
! the name of the puLlic TO say tnat tney
| nected with this case. Before that great
| tribunal Judgment shall be rendered-or
| the Judgment of this committee may De
| final, or II may not be final, ana at last II
| goes TO that great tribunal the Iupii,o y,
| opinion of the State OF Virginia TINS Is
| all / have to say on that subject. l KNOW
| that am helpless, and that my client Is
| helpless If this gentleman decllhes 10
| answer. / know that this commlttee nave nave
| no mower to compel the witness 10 answer
| AZ fhey desire to do ii. i did not near
the form of the oath administered, but i l
| presume il was the usual form, 10 zen
the truth. the whole truth and ,1 nothihg =, )
| but the truth, so help me Gou' was N'
| Was that the form? s
Judge Green: The oath administered
| was that the evidence gwen shoulu De
| the truth, the whole truth, and nothing
| but the truth.
| tant item is not brought TO light, how
| does the public get the whole truth -!
| That is the question. Amt the pubic
| entitled to have It? Amt the camp en-
| titled TO have It? / await the decision OF
| this committee, and shall bow 10 1t Win
the utmost respect. / have placed tne
! matter before you as IL has occurred 10
| me. with the greatest Difference Tor your
judgment. and distrusting my own rather
| than yours.
NOT A QUESTION FOR THEM
The Chairman (after consulting the
| other members of the committee): The
| committees have come to the conclusion
| that inasmuch as these checks were SIM
| nlv produced and handed to this COM
! rnittee through Mr. Baughman, he not
| identifying them or testifying about any
| matter whatever, except the delivery oil
the checks for inspection. that ii is not a
| matter for this committee to go into, ana
| to discover where those checks caWs
| from-in view of the facts that these
| checks and the genuineness OF the cnecks
| have not been disputed. They are ADMIT,
| fed bv Mr.. Stubbs. The existence and
genuineness of these checks are not de-
| MED by Mr.. Stubbs, and, so Tar as
| this committee are concerned. 1t Is
| immaterial as to where they came
from i'm view Of the fact that they
| are admitted-whether they were de-
| livered by the bank, or delivered by MIR
| Womack' or found, or gotten surrepti'
tIonslv Is a matter which this committee
| feel that IL would be improper TO go into
| In view of the fact that the genuine
ness of the checks is admitted. and their
| M y