The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-20
.LEWIS ADM 7 s
|RREGU Ties
SAYS on Stand That Warrants
Had Been Mislaid by
Him.
DON'T DENY TALK IN JAIL
Declares, However, That Officers
Misunderstood VIII al He
Said on That Occasion.


Answering charges OF malfcasance
made against him by Deputy Sheriff
Traylor and Constable Burch. Magis-
tratc James r. Lewis. of Henrico coun-
ty, was on the witness stand for the
most part OF yesterdays session of the 4
County Circuit Court, tcstifying in his
ton with the Herr-Hutzler case. and
while admitting that he had not re-
ported tho fines and costs named in the
BILL Of complaint at the proper time, 1t
was because he had either overlooked
the warrants or misplaced them. He |
testified that after the bill had been
served on him he found the warrants
and filed a supplemental report. In
explanation of these discrepancies he
said that in making up his, quarterly
reports there was no guide but the
| warrants, and that If any one OF these
was mislaid 1t would be natural for him
10 omit them from mis- quarterly re-
port, as he generally had to list from
| 15O TO 300 warrants with each report.
| Complete Case To-Morrow.
AS to the alleged conversation TAX
/ ing place in the jail office on the day
6 OF Hutzler's arrest, while he did not
flatly deny the statements of officers
+, who said he stated that he was counsel
for Hutzler and that they would not
be able to find him. he thought that
, they must have misunderstood his re-
marks. The fact that he made the
statement was attested to Friday by
/ Deputy Sheriff Traylor. Constable
Burch. Magistrate 7. j. Puryear.
CO.. Wy w ron
| l!ceman r. w. Bendall. Nothing was
said yesterday about the charges made
by Attorney Kirk Mathews that tho
accused refused to try the case of Revi
! against Stumm on December Ia. AT !.
O'clock Judge Scott adjourned the
| fearing over to Tomorrow morning
at II O'Clock. At the time OF adjourn
ment r. Lewis had not completed his
! testimony, and still quite number
Of witnesses remain to be examined
for the defense. 1t Is expected that
the case will be completed by late
tomorrow afternoon
Il Cali for Books.
INN ediately after court opened yes
terday morning Attorney William l..
Royal, for the prosecution, read from
the Code the section setting forth the
fact that misrepresentation of coilec-
: tiors was equivalent to embezzlement.
He asked that the books of Magistrate
Lewis be presented. To this Hiram Nj.
Smith, for the defense, made strenuous
objection, saying that the case should
be confined to the specific charges
!. noted in the bill of complaint Judge
Scott ruled that inasmuch as they
! were matters of pubic RECORD l
might be produced.
ATTORNEY Bloomterg, counsel for
Mrs. Herr. was called TO the stand ant
! testified that at the Herr home ne
, made the proposition that Hutzler BIZ
! placed under bond and required u
, leave the State. Both he and
2 trate Darricott stated that the propo
sition was MADE III the p a 10,
5 Magistrate Lewis. Mr.. Royall asKe'
, WIN he. an officer OF the law. shoui'
d cnuntenance such thing. He SAT-
| he Thought 1t was for the protecllol
NJ Mrs. Herr. Mr.. Royal asked
the nenitentiary would not be bette
protection.
\ Made Mistake In Date.
n was then brought out that IN
statement made In public PRINT M
lewis had stated that he was retalhe
az counsel for Eutzler on Octoner !
o ,,,h,Ie Il was admitted that he vislte
t ne Herr place on the day before. IN
: sccnsed said that it VAS niis' axe
: dates. that he had BEEN retained
v the day before. -,
e Tho cases named IN Inc piii VI ~
Y. ,,aint were then taken up one by On
'e The magistrate explained now az
had heen misiaid and how he did "
,naw they had been omitted from u
e, nor,s until after the charges hc
- .aan served on him. 1t was then,
"a satd that he looked them UP and MAJ
,ba supplemental report. In regard
n. ,onr warrants on which w. j. Ligso
SIS .o,nrsa had been security, he said tn
to 49, mi, amount hal not yet be-
,ajd. that he had had trouble IN IN
ana other transactions with the nes'
an Would Prove Malice.
Ief In his testimony Friday Burch IN
u mated that In the case OF gov
placed on w. T. Brauer IN l'o',
n-try showing a credit of $35 had ne
ass after his examination of the
nj nnra IN May, 1909. With the rept
=, his hand yesterday. Lewis swc
w. the note was in his own han
,rrit,nr and that 1t was made at
u time he filed the report.
netectiye Duke, OF the Chesapea
ohio. was placed on the stand
s ano that Burch and Taylor We're
tuated by malice In bringing J
charges. Mr.. Duke stated that he
been approached by Traylor
,e,,rch who asked that he give
s nu. -. "a Magistrate Wright instead
Iswis. who had got most OF his bu
.ess hefore Questions Of this
were asked by the counsel for the
sansa Friday. At this point court "
adjourned.
Dr. stewart on Vacation.
Rey ! g, st ffa Goy p; p: p has Be-
e rrantad a brief vacation. and is 2!
atsst petersburg, Fla, recuperatl