Proceedings in the courts.
Mayor's Court, Thursday, November 6. --Reason
Anderson, a free negro from
Jefferson county, having been apprehended by the watch for being in the city without a register, was turned over to the
Mayor for investigation, and by him sent to jail.
Silas Maxfield and
Betsy Martin, two free negroes, were brought up for being drunk and fighting at the corner of Main and 22d streets, to the disturbance of the sick soldiers in General Hospital No. 8. Both whipped and sent to jail for want of security.
Charles Maddux was required to answer a charge preferred by
Julius Myers that he had assaulted and beaten him. The misunderstanding occurred about the price of a lot of combs bought by
Myers from
Maddux.
Myers swearing that he was fearful of another assault, the
Mayor required
Maddux to give security to keep the peace in the sum of $150. Appeal taken, to be decided before the Hustings Court on Monday next.
Samuel W. Wyvill was brought up for examination for forging sundry discharges from the military service of the
Confederacy.
It appeared in evidence that Wyvill was first arrested by the Provost detectives some time in August last, on the charge of forging pay-rolls.
He was once a Lieutenant in
Captain Shafer's company,
Maryland volunteers.
About ten days since defendant was carried before C. S
Commissioner Watson, and by him discharged, because the papers
then produced did not make out a case on which he could be hold for trial.
Among the papers were two bogus discharges, one for himself and another for
Charles Tankersley, a member also of
Shafer's company.--He was therefore re-arrested and brought before the
Mayor to be examined for the last-named offence.
Mr. P. H. Aylett appeared on behalf of the
Government, and
Messrs. Crane and
Glimer for Wyvill.
Counsel for defence contended that the discharge by
Commissioner Watson, he being the examining and committing magistrate of the C. S. District Court, was final.
No State law comprehended a case of the kind.
A party arrested one day for stabbing and discharged by competent authority was not liable next day to arrest for murder, though the wounded man die in the meantime.
The offence of Wyvill was not against an individual, but against the
Government.
Mr. Aylett rebutted this view in a short speech.
Defendant had been examined for forgery against the
Government — that charge not being susceptible of proof, his discharge therefrom did not prevent his being punished for a different offence, which, though not provided for by Confederate statute law, was cognizable by State law — that of
Virginia and the
Confederacy were concurrent.
The
Mayor said he did not recognize
Commissioner Watson as an examining court.
In his opinion, he could not deprive the
State of jurisdiction over offences against the law of
Virginia.
Should an offence be committed against the
State law, the discharge of an offender by Court Martial would not prevent his arrest by the civil authorities.
T. A. Staples, jailor of
Henrico, sworn: Was well acquainted with Wyvill's handwriting.
He wrote for several months in the
County Clerk's office.
Tankersley's discharge, dated May 4,'61, was in Wyvill's handwriting, he thought
Gen. Winder's name is certainly a forgery.
Wyvill's own discharge, dated November 20, '61, is filed up and signed in his own handwriting.
G. W. Thomas, Detective, sworn: Received instructions to arrest these parties; did so. Found in W.'s trunk the papers produced.--W. was an officer in a company stationed at
Belle Isle for guard duty.
Tankersley boarded at the
Powhatan House.
Made the arrests August 14th. Never saw the discharges before they were found in the trunk.
Captain Alexander sworn: Ordered the arrest.
The papers found being taken to
Gen. Winder, he pronounced them forgeries.
His Honor remarked that the question presented was one of importance, and would ultimately resolve itself into a consideration of the question whether the forged papers were embraced in the Act of General Assembly of
Virginia relative to offences of that nature.
He would lay the case over till next Tuesday, at 1 o'clock, when the respective counsel would have an opportunity to discuss its merits.
Gilmer A. Lumpkin was arraigned for examination on the charge of forging a check for $700 on
S. H. Owens & Son, and drawing the money thereon from the Traders' Bank,
J. B. Owens sworn: Was junior partner in the firm of
Owens & Son; October 28th was called on by
Philip Epstin for the loan of $500; asked would a check answer; said yes; gave one; on settlement of bank account fund said check and a forged one for $700 had been paid on the same day; learned that they had been presented by
G. A. Lumpkin.
P. Epstin sworn: L. was quite intimate with me; acted gentlemanly; asked the loan of $500; got it from
Owens and gave it to him.
M. S. Quarles,
Teller of Traders' Bank, sworn:
Lumpkin presented both checks, and received the money therefore, October 29th; the forged check was payable to
Bradley &
Stewart; had never seen
Lumpkin before.
Lumpkin was sent on to the Hustings Court for examination.
John, slave of
James Winston, found by the watch with a bag of flour, proved to have been taken from the
Confederate States bakery, was ordered 25 lashes for his dishonesty.
Austin, slave of
George S. Case, charged with stealing a lot of wood and bottle of brandy from his master, got 20 lashes.
Willie Grace was brought up on the rather serious charge of ‘"stealing"’ a horse, the property of
Wm. J. Marshall.
The case was dismissed, it being proved that Grace had only rode the horse from the
York River Depot up town, and that after getting there he had placed the animal at Ruskell's stable.
James Pearson was committed for indictment for misdemeanor by the Hustings Court Grand Jury, for an assault committed by him on
Arthur Sadler, Tuesday night, at
Rocketts.
Warren Dubois was examined on a charge preferred by
A. O. Brummell that he had taken and sold forty-two boxes of tobacco belonging to him without authority.
By the testimony of
Mr. Brummell, it appeared that they had been partners, but had dissolved, and the transaction complained of occurred after that.
Other witnesses testified that
Dubois appeared to have as much interest after as before the dissolution.
The case, so far as it implicated
Dubois in a violation of the criminal law, was dismissed.
Manchester Court, Nov. 6. --A Court of Examination, consisting of three magistrates, convened on Wednesday, in the
Town Hall of
Manchester, for the examination of one
John Bowhart, a member of
Rodgers's cavalry company, now stationed there, who was charged with stealing a watch worth $200 from a citizen of the town-named
Lee Finney.
The testimony showed that Bowhart met
Finney in a acquestered place in
Manchester, and pretending to believe that he was drunk, he very coolly put his hand into
Finney's pocket, took thence his watch, which he informed him he would return when he got sober.
Finney immediately got out a warrant and proceeded to the camp of the cavalry company; but though he found Bowhart, he could discover no traces of his watch.
The arrest and examination of the prisoner on the charge of grand larceny followed as above recited.
Captain Rodgers appeared as counsel for Bowhart, who was prosecuted by
Colonel Burfoot, Commonwealth's Attorney for the county.
The examination resulted in the committal of the prisoner, for final trial before the Circuit Court.
The prisoner established a fine character by a number of witnesses, but the
Court taking into consideration the fact that none of them had known him over three weeks, disregarded their evidence.
