Proceedings in the courts.
Mayor's Court, Thursday, November 6.
, 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.
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.
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
swearing that he was fearful of another assault, the Mayor
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
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
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
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
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
'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.
boarded at the Powhatan House
Made the arrests August 14th. Never saw the discharges before they were found in the trunk.
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
of Traders' Bank, sworn: Lumpkin
presented both checks, and received the money therefore, October 29th; the forged check was payable to Bradley
; had never seen 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.
, 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.
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
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.
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.
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.