The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-22
Lewis Testifies That He Did No
Give Receipts to Those Per
sons Who Were Fined.
KEPT FUNDS ALL TOGETHER
Witnesses State That Burch Was
Campaigning in His Race
for Sheriff.

Under oss-cxamination by Com
monwealth's Attorney Julien Gum,
Magistrate James T. Lewis. now on
trial in the Circuit Court of Henrico
county for nalfeasance in Office, tes-
tided yesterday that 1t was not his
custom 10 keep his own and the funds
OF the Commonwealth separate; that
both We're placed in bank under one
head He also admitted that in not
K giving receipts TO persons on whom
{ he imposed fines. he had technically
I violated the statutes, but added tha'
so far as he knew every other maSis-
trate in the county had oeen guilty OF
the same thing. and that probably
most OF those in the State had never
thought it necessary TO so through
that form, although 1t was required
by law He explained that in many
ins tances it was inconvenient for thu
magistrate to be present when fine
was paid.
Warrants Mlslnia.
In reference to fines admitted &c
nave been collected but not reported
Mr.. Gum asked whether or not they
i would have been paid had not the In
/ vcstigation been called. The accused
replied that they would probably not
have been, as the warrants. on which
he relied in making UP his reports,
had been mislaid and he remembered
!, nothing about them until after the
I complaint was filed and he made the
search. Mr.. Lewis was asked if there
! was not possibility Of his now hav-
ing some other warrants which had
not been reported: :.
He said that twas possible but that
If such was the case 1t was certainly
not Intentional
In defense of their client. Attorneys
Smith and Sands endeavored to show
that in preferring charges against
J Lewis. Burch and Traylor We're actu-
ated largely through malice and for
ends. Previous to the examination
yesterday both had declared that Moth
ing had been SAID by them in regard
10 running for the Office Of sheriff.
Several witnesses testified that Burch
! had asked their support for the office,
saving that he would be a candidate,
and that if elected he would name
Iraylor as his deputy,
Complninunts Not Friendly.
On the stand at the beginning OF
. the hearing yesterday morning Magis-
,rate Lewis stated that he presented
his reports TO the Board of Supervisors
! twice year, and that they were
| checked over by the members of the
board He said that as soon as Burch
and the negro Lisgon began the invcs-
tigation he explained the matter to
Commemorative Attorney Gum, and
said to him that in spite of the fact
that Logon had not paid the fines for
which he went security he Iewis)
was willing to take the money out OF
his pocket and make tho fines gooc
rather than have any trouble.
Explaining why it was possible fol
the warrants TO be lost, and at the same
time showing that Burch and Traylol
Were not friendly 10 him, Magistrat,
Lewis stated that he had four desk
In which he kept his papers, adding t,
the confusion when the search wa
made for the missing warrants A
one time, he continued, he had the us
of the desk in the Jail office, but tina
Deputy Sheriff Traylor demanded tn
key. despite the fact that Magistrat
T. j. Puryear, recently appointed, ha
-t11A- .ecess 10 this desk He said tina
Bureh had become offended at the tim
sof the appointment OF X. Q. Garnett a
county constable ard had refused /
take any business from him, apparent
because he thought that the witne,
was In part responsible for Garnett
appointment.
Denied Conference Charge.
Mr.. RoYall going back to the lie
-ssse, asked If he had not had a co
ference with Herr and a man nam
Macomber in the house of Hutzle,
parents concerning an effort 10
IIutzler escape. MIR Lewis said tn
he was never in The house nor did
know where it was, Furthermore,
testified that he had never had a
conference with any one in this c
An reference TO getting Hulzler out
his difficulty.
1t was then that Mr., Gum ash
about keeping his own and The co
snonwealth funds in the same bank
q personal account, which the accu'
admitted, also admitting techni
violation of the law i'm not requ!r
those paying fines 70 sign his rece
book
AT the beginning ,of 1.-The attera'