The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-14
The Remainder Of the Day Talseet1,
Up iii His Direct Testimony.
i8 Lawyers Working Hard.

iPOlndeXtert Pnlllp VI. iNSHyi -. -. 1s uA'
sell, w. D. .IIarton and a. b.. Savage
The first trial of the case resulted in
d verdict for the plaintiff. the damage
being fixed at $4,000, which, after able
argument by counsel. was set aside by
the court. @ i NJ }dae AZ it ss2 s$ ii
The entire first day OF the second trial
was taken up with the opening states.
,ments Of the attorneys, and with the evil
dence in chief OF the plaintiff, Mr., Busby,
which was not completcd. ga.Ssi {4
The case Is being contested by the at
torneys at every stage, and yesterday the
Jury was taken out Of the court room
many times IN order to allow q rgument
upon the admlssibility Of testimony.
When court reconvenes at 10 o'clock
this morning Nj. Busby will resume the
stand, and his confidential clerk, Mr.. a.
l.. Lucus, will likely follow nm, V.
The court decided to meet at 10 O. clock
each day dliring the trial; sit until 2:
reconvene 1T $3.50 and 60 on until 4
O'Clock 35 3$s
The Morning Session.
IT was 1905 o'clock when Judge =, In !,
gram ordered Sheriff Epps to call the
court to order. and the twelve Jurors
selected on Saturday answered TO t me-
names and We're sworn. 5, X q.
Messrs. w. u. $I2oyall and B.5o. James
represented the plaintiff; Hon. Bppa
Hunton, Ir, Mr.. Bloomberg; Mr.. Fl. M
Smith, Mr.. Dawson and Mr.. vs. Z.
Meredith. Mr.. Harry Marks,
Tho court got the attorneys before
him and a brief conference was held.
after which Mr.. Royal proceeded to
make Ills opening statement for his
client, Mr., j. II. Busby.
Mr.. Royal went into some detail In
setting out what he would attempt TO
prove, but the general idea was that he
would undertake to show that the de-
PENDANTS, Dawson, 13loomberg and Marks.
had consplrcd together FOR the purpose
of destroying the credit Of his client
He said there had been no occasion
for his clients financial embarrassment,
and that he would prove that he never
gave Dawson any authority to act for
him in the matter of adjusting his af-
fairs, except as to a. little claim amounting
to about $50. s@
Mr.. Royal declared that he would prove
that his client had not knowingly signed
the famous letter authorizing Dawson
to take charge OF his affairs, and that
the latter had written his clients namei
50 often that he could initiate It, and
that he would undertake further to
prove that during the first trial of the
7rpse the date or a certain latteriir ov
3dence was forged, and written In by
Dawson. one Of the defendants, for a
purpose.
Overthrow Credit.
Mr.. Royal sad he would prove that
his client had had the utmost conf
dence in Dawson, aud that the latter
had planned and executed a scheme
to overthrow his credit. and tflaA the
co-defendants with Dawson, had enter
ed into the conspiracy.
a Counsel for the defendants objected to
sa5great many OF Mr., Royals statements.
and often they contended that he was
nrgu ne the case. rather than stating
what he would try to prove. 1t was
t11;15 when Mr., Royal completed his
statement as to what he called act No
In the case.
al He would show. he said that Dawson
tried to draw Lucus. the bookk eeper OF
Busby, into the alleged conspiracy, ana r.
that he proposed to make Lucus secre-
ltnrY of the concern he was about TO
Incorporate out OF the business OF Busby.
In concluding Mr. Royal said he would
ask the jury to give his client $50 900 be-
cause of the contention which would be-
established that lie had been ruined by
tho defendants.
Dawson's Side.
Mr.. Smith arose to reply and to state
the case on behalf of the defendants.
and especially Mr.. Dawson, whom he
represents III
lie declared that he would show thai
Busby was q poor business mani ana
that he and Dawson having become ac-
quainted in business affairs. the latter
had agreed to help him out.
Dawson had endorsed for Busby and
had gone on his paper to the extent Ut
$4,000. and for this Busby wns to COM
pensate him properly.
Mr., Smith said instead OF Dawson
"courting" Busby, II would be shown
that Busby had done some Counting"
himself: that II would be proved by
Dawson to endorse a $1,000 note In order
to meet the claim OF LoclSheim in Phla-
delphiu.
Mir. Dawson had declined, and finally
Busby had lost his nerve, aud an in
ventpry had been talSn with the view to
passing the affairs into the hands OF
Dawson, because the business was not
yielding great profits, and Busoy found
he had assumed more than he could
carry.
1--WE expect to prove" said Mr. Smith,
THAT Busby was embarrassed and deep
ly involved, and that the work of Luther
Dawson In engineering the affairs Of
his business, was moro than any of us
could have done"
He declared that the genuineness of the
letter OF June II, 1908. alleged to have
been written by Busby, turning his af-,I
fairs over TO Dawson. would be estah-
lished and he contendcd that this WINS
a complete answer to the alleged conspi-
rncy.
s He would prove, he said, that Nh. Daw-
son had been loyal 10 the interests OF
Rusby with the latter's creditors. ant
that lie went so far at one time as to
take 5000 out OF his pocket to pay Loek-
helm XII
I'VE state to you very frankly" said
Mr., smith, that there is nothing in this
case. except the letter of June 18TH and
that this alleged conspiracy is but al
dream
The "Marks Letter.
Mr.. smith claimed ! that !h 81, letter 9, 9,
nne, and perhaps should not have been
written. This Is the famous Marks lei
.e,. which advised the creditors of Busby