' Digitized by the Internet Archive in 2019 with funding from Duke University Libraries https://archive.org/details/caseofwilliamdcoOOcole 1Z> ^rnsi v. zi . . . . . ^^-THE CASE OF-^ Jonties |{eilc, |(st k^in^s ^iityrcs ij^tl^, J|j[atl, soli s:q billig boircti beetle. I THE CASE OF WILLIAM S. CQLEMAH. Danville, March 4th, 1878. To Geo. D. Wise, Esq. : Attorney for the'Commonweath, v for the City of Richmond. ) Sir :—Courts and juries—the theory is—may sometimes be invoked by a citizen for his own vindication. They were not devised exclusively for the pur¬ pose of making conviction, under the forms of public law, the inevitable conse¬ quence of accusation, under the motives of private enmity; though my own experience might suggest the contrary. But, in theory at least, their purpose, under our form of government, is a nobler one than that merely of a merciless avenger ; it is also to vindicate the innocent, by acquittal, against false accusa¬ tions. I propose to test this theory of the common law and our free institutions, and show that it can be reduced to practice here in the commonwealth of Virginia, and her capital city of Richmond. To that end 1 address this communication to you, sir, as the prosecuting at¬ torney for the commonwealth, and, as such, peculiarly the representative of the majesty of the LAW, and the chosen minister of justice. The subject to which I invite your attention is stated as follows: At the beginning of the late session of the general assembly the second audi¬ tor of the commonwealth made a communication to that body in which he stated his discovery of certain frauds against the commonwealth by means of funding a second time certain state bonds which had already been funded. A joint com¬ mittee of the general assembly was raised to investigate the subject. This com¬ mittee was fully invested with inquisitorial powers; authorized to send for persons and papers ; directed to ascertain the real facts, and to do all other things in the premises, necessary .and proper. Near the close of the legislative session the said committee submitted its report, which was printed and laid before the two houses of the legislature. It contains a considerable amount of testimony, taken ex parte by the committee, embodies a summary of the said testimony in the form of a Report, and proposes 1 resolution to the general assembly, conditionally instructing the attorney general :o take steps to recover the money- value out of which the commonwealth has eeen defrauded. As the committee, however, made no suggestion touching any ximinal prosecution it is to be inferred that it was left to the grand jury of the dustings Court of Richmond city to take cognizance ot the matter in its criminal ispect; the crime having been committed within the jurisdiction of that court. But the grand jury have found no indictment against anybody ; nor, so far as have been able to learn, have they made any inquisition into the matter. But ertain calumnious reports have been circulated, and were published in the public >rints, connecting my name with the frauds aforesaid and falsely imputing to me participation in them. 2 Now, therefore, I do hereby invoke you as the prosecuting officer of the Hustings Court of Richmond city to direct the attention of the grand jury of the said court to this subject, and if there be any evidence implicating me in the said frauds, let me be indicted and tried. I’ll promise you that, if indicted, I’ll not plead non compos mentis , nor make any other special plea, but meet the charge in open court upon the square issue of the facts. I’ll ask no favor but a fair trial, and seek no end but the vindication of the Truth. And here I might conclude this communication and await your action, but the subject is of such a character that I must needs address you in a public man¬ ner, and the occasion warrants, whilst the opportunity invites, a reference to a former occasion, when you were the prosecutor and I the accused. But in what I shall say touching the same and all connected with it, it is my patient purpose, to speak “with malice towards none—with charity for allthough, as will be seen in the sequel, I’ve had wrongs which might excuse some bitterness. Many of the facts which I shall relate are within your own personal knowledge ; others are sustained by the connection in which I shall present them, and all the rest are susceptible of proof. I will tell only “a plain, unvarnished tale,” though it may sound like an ancient romance, and would seem so even to myself, indeed, 1 were not the pain and anguish so wretchedly real, which I and those most dear to me have suffered through it. Whether the general public will feel enough interest in my story to read it, is a question which confronts me at the outset, for I know that public apathy to private griefs is discouragingly proverbial. In the rapid whirl of the world’s pursuits the fate of a fellow-creature is soon ffwgotten ; and if peculiar circumstances, as in my own unhappy case, do attract a transient attention, yet the subject soon becomes—to use the simile which La Pucelle applies to glory— “-Like a circle in the water Which never ceaseth to enlarge itself, ’Till by broad spreading it disperse to nought.” And yet I would fain hope that the public indifference to my personal fate is not as strong as that impulse of public sentiment which, for the protection of so¬ ciety itself, shields its individual members against wrong, and is often the last ref¬ uge of the oppressed. At the beginning of the prosecution against me, from which I have suffered so much wrong, I was locked up in jail and made to hold my peace. For nearly four long and weary years since I have been made to suf¬ fer the hardships and humiliations of a convict’s life for a crime which I never committed; and during all the dreary days and nights of these wretched years silence was compulsorily exacted of me ; my custodians being specially charged not to permit anything I might write or say “to get into the papers.” Although while silence was thus exacted of me, the governor ol the commonwealth repeat¬ edly gave to the public, through the press, a one-sided version of my case unques¬ tionably calculated to affect public sentiment to my disadvantage. And now that at last I am at liberty, and able, to raise my voice, may I not hope to be heard ? Even the noble democracy of Athens when excited, as it often and easily was. was violent and unjust; but my observation of the People of Virginia is that although they too are excitable, and when excited are violent and unjust, yet when they have taken time to reflect, their impulses are sometimes generous and generallyl just. Upon these noble traits, as well as upon the force ot truth and innocence, I shall rely for proper interest in their bosoms and for my vindication in their judg-i ment. You are familiar, Mr. Wise, with the circumstances of the case, and I need not re-state for you the charge on which I was tried. But for those who have never, known, or have forgotten, the particulars I will briefly formulate the facts by stat- I He N.UWtJtt UULLttl iUN 3 ing that the only charge upon which I have ever been arraigned was the alleged erasure of a single figure in a certain entry in the warrant book of the sinking fund. The following is a copy of the indictment on which I was tried. I insert it here for present information and for future reference hereinafter. Virginia.—In the Hustings Court of the city of Richmond: City of Richmond, to wit:— The grand jurors of the Commonwealth, for the body of the city of Richmond, on their oaths present that William.D. Coleman, on the 31st day of December, in the year one thousand eight hundred and seventy-three, was secretary of the commissioners of the sinking fund, the said sinking fund having been authorized and created by an act of the General Assembly of Virginia, approved on the 3jst day of March, in the year one thousand eight hundred and seventy-one, and that the said William D. Coleman, on the the said 31st day of December, in the year one thousand eight hundred and seventy-three, at the said city, and within the jurisdiction of the said Hustings Court of the city of Richmond, having acquired possession, in some manner and by some means to the grand jurors unknown, of a certain record, the same then and there being and remaining as a public record of the commonwealth of Virginia, in the office of the second auditor thereof, in the capitol of said commonwealth at said city to wit : the warrant book of the said sinking fund, then containing an entry in writing in the words, figures, cyphers and letters following, that is to say : “1873, Nov. 11, by warrant No. 7, to Planters’ Nat’l Bank, for purchase of $18,100 of Virginia consolidated bonds—$8,190.25,” feloniously did forge the said public re¬ cord by then and there feloniously, falsely, and corruptly erasing the figure 1 from the figures and cyphers 18,100, before written in the said public record, which figures and cyphers, with the sign $, next preceding them, did, before such forgery and erasure, import and signify eighteen thous¬ and one hundred dollars ; but by reason and means of such forgery and erasure did become, im¬ port and signify eight thousand one hundred dollars, which said false, forged, and altered entry in writing in the public record aforesaid is in the words, figures, cyphers, and letters following, that is to say : “1873, Nov. 11, by warrant No. 7, to'Planters’ Nat’l Bank, for purchase of $8,100 of Virginia consolidated bonds, $8,190.25,” with intent to defraud, against the peace and dignity of the commonwealth of Virginia.” At my trial upon this indictment, as the judge (Guigon) before whom I was tried, himself, afterwards admitted in a published letter to the governor, I would not have been convicted “ in the absence of Mayo’s testimony.” But Mayo’s ‘ testimony ” was that I had “ confessed ” the fact to him, and Mayo was not orosecuted for the larceny of public funds, for which he was indicted, because he vas adjudged^ insane. Now, I shall show herein, besides other things, that vhether Mayo was insane or not, his “ testimony ” was atrociously 7intrue. For a full understanding of the whole case, it is necessary to consider the mtecedent circumstances of my connection with the sinking fund of the common- vealth, and the transactions thereof prior to the date of the prosecution against ne. They are as follows : • Early in July, 1871, I received notification that I had been elected secretary ifthe Board of Public Works. Previously I had been executive clerk by appoint¬ ment of Hon. Gilbert C. Walker, then governor of Virginia. In the notification >f my election as secretary of the Board of Public Works, I was informed of the ondition, namely, that in addition to the duties of that position, I should, without dditional compensation, also render service as a clerk in the work of funding the ublic debt (under the provisions of the then recently enacted “ funding bill”) in ie office of the second auditor, or of the treasurer, whichever might, from time r time, require my services. I had not sought this position, but accepted it, and absequently learned that it was tendered me at the instance of Gov. Walker, with view to economy in the administration of the state government. My prede- -ssor in office as secretary of the Board of Public Works, had at the same time ;een holding office as a clerk in the second auditor’s office, drawing pay for each osition, in the aggregate amounting to more than the salary of either the treas- -er or the second auditor. And as, under the provisions of the “ funding bill,” Iditional clerks were to be appointed in both the second auditor’s office and the easurer’s, it was considered expedient to relieve Mr. DeWitt (my predecessor, L99146 Duse U. Law Library 4 now dead,) from duty as secretary of the Board of Public Works, so that he could devote his whole time to his duties as a clerk on the second auditor’s office. For thereby the State would save the pay of one “ additional clerk ” in the funding of the public debt; and by requiring me to serve as a clerk in the said work without additional pay to the salary of secretary of the Board of Public Works, the saving by the new arrangement would be equal to the pay of two “ additional clerks.” The second auditor employed four “ additional clerks ” in his office, but the treasurer (Hon. Geo. Rye was then treasurer,) employed none ; and by his request I performed duty as a clerk in the treasury office in the work of fund¬ ing the public debt, until a few weeks before he was superseded in office by the election of Col. Jos. Mayo, jr., as treasurer. The following is a copy of the notification I received at the time of my ap¬ pointment : “ Commonwealth of Virginia, Treasurer’s Office, Richmond, July, 3rd, 1S71. \V. D. Coleman, Esq. Sir :—At a meeting of the Board of Public Works of Virginia, held this day, you are appointed secretary of the said board, to date from 1st day of July inst. with the understanding that when you are not engaged in the duties of your office you are to render service in the treasurer’s or second auditor’s office in the funding of the public debt, in whichever office you may be most needed. JNO. S. RADY, Secretary pro tern. The following is a copy of a paper bearing on the subject also : “Commonwealth of Virginia, Executive Chambers, Richmond. July 2nd, 1S71. Hon. Geo. Rye. „ Dear Sir.- I was too busy on Saturday to see Mr. Taylor. I wish you would see him this a- m., and if agreeable to him and yourself, appoint Mr. Coleman secretary of the Board of Public Works, to take effect the 1st instant—with the distinct understanding that when not en¬ gaged in the duties of his office, the secretary is to render service in the treasurer’s or s.econd auditor s office in the funding of the public debt, in whichever office he may be most needed. This will save the employment of at least one extra clerk in this business. The Expenses of this funding business will be heavy at best, and I deem it our duty to save wherever we can, and no one man should fill two places. In haste. Yours Respectfully, G. C. WALKER.” This paper was endorsed as follows : “ I concur, GEO. RYE, Treasurer.” “ In view of the expense of the present arrangement, I will not object to the one suggested 1 by the governor in this note. WM. F. TAYLOR, Auditor. As to my performance of the duties of secretary of the Board of Public v\ orks, the records will attest my faithfulness and efficiency, and there has never been anything alleged against me. And as to my clerical labor in the treasurer's, office in the funding ol the public debt, it has all been found absolutely correct in every particular. In the latter part of July 1871, Hon. Geo. Rye. then treasurer, informed me that the commissioners ol the sinking fund, under the provisions of the “ funding bill were going to organize pretty soon and that Mr. De Witt was seeking the °. ce °* secr etary to them, proposing to serve for a salary of $3C>oa year in addi¬ tion to Ins pay as a clerk in the second auditor’s office. Judge Rye said he thought that both Mr. I aylor and Gen. Rogers (who together with himself comprised the commissioners ot the sinking fund) were going to vote for Mr. De Witt at the salary named; but that he did not think the state ought to pay such a salary for little work as would be required of a secretary for the sinking fund commis- iners for some years to come at least. At his further suggestion I wrote a note oposing to serve as secretary to the commissioners of the sinking fund without y compensation further than I was then receiving as secretary of the Board of iblic Works. He took charge of this note and I heard nothing more about the atter until the 2nd ol August, when I was sent for by Hon. Wra. F. Taylor, ditor of public accounts. On entering his office I found assembled there, with m, Gen. Asa Rogers, second auditor, and Hon. Geo. Rye, treasurer. They in- rmed me that they had just organized as commissioners of the sinking fund ; ,d chosen Mr. Taylor as chairman, and had elected me as secretary on the terms oposed in my note which Mr. Taylor then held in his hand. After my appear- ice they remained together but a few minutes longer and transacted no business ratever, except, in an informal and conversational manner, to the effect of an ;reement that there was no particular business then to transact, the meeting iving been held for organization only. I made a memorandum in pencil of all ey had done prior to my appearance, as thereof informed by them, intending to cord the same in a journal of their proceedings as soon as a book for that pur- ise should be obtained. The commissioners never held any meeting after that until called together by e governor on the 5th of February 1874, as hereinafter related. The manner which the business of the sinking fund was conducted has been stated in r idence before a joint committee of the legislature, and printed in their report, douse Doc. No. 6, Session of 1874, pp. 19 , et seq.~] Whenever purchases ol mds were made it was my custom to draw an order upon the second auditor ithorizing him to issue his warrant upon the treasury for the payment of the nount of the purchase money. The text of each of these orders, respectively, as a concise statement of the particulars of the purchase to which it had refer- ice. It authorized and requested the second auditor to “ issue his warrant upon e treasury, payable out of the sinking fund, for the sum of $-in favor of . B. [the seller], on account of the purchase of $ -[the face value of the bonds irehased] of Virginia consolidated bonds.” This order was delivered to the Her of the bonds on his delivering the bonds purchased. The seller of the inds then took this order to the second auditor who thereupon issued his war- nt upon th£ treasury for the payment ol the money. Upon receiving the cond auditor’s warrant for the money, the seller of the bonds had to execute his ceipt for the same, which receipt was written at the bottom of the order he had ought to the second auditor, or upon the reverse side of it, and thus became a cal part of the same, as a voucher for the second auditor of the said transaction, im thus particular in stating these details because they prove that I had put it ;t of my power to commit any fraud upon the sinking fund, (even il disposed do so) without the actual connivance and assistance of the seller of the bonds. :sides, before delivering one of these orders to the seller of the bonds, it was : y custom to show it (the full text of the order) to at least two of the commissioners 1 the sinking lund, and every one of them had to pass through the hands of the s :ond auditor who was himself one of the said commissioners. The bonds on being purchased were deposited in the large safe in the treas- 1 y office, but before being so deposited were counted in the treasurer’s presence ; d placed in the safe by his own hands, or by his direction under his own eyes. > this safe I had no more access than anybody else about the capitol. I had no 1 y and could not get into it except when opened for me by the treasurer. At the close of each fiscal year, a report of the operations of the sinking 1 id was submitted to the legislature. These reports were all prepared by me, i :hout assistance from any one, though always examined and approved by the L99146 commissioners before transmission to the legislature. The said reports are no on file at the capitol; they have been carefully scrutinized and found absolute! correct in every particular. From the evidence adduced before a joint committee of the legislature an printed in their report, to which I have above referred [House Doc. No. 6, Se: sion of 1874], it is shown that the commissioners of the sinking fund paid bt little attention to their duties, and that the transactions of business entrusted 1 them by law were conducted in a very loose and slipshod manner. But sure! it ought not to be contended that I was to blame for their negligence —though have been made to suffer for it. It was my purpose to make a record of these informal transactions of th commissioners as soon as a book for that purpose was procured ; but the con missioners never made any order authorizing me to procure such a book, and do not think I am to blame for it any more than they were. At this point it may be allowable to suggest that some apology for the neg ligent manner in which the commissioners of the sinking fund treated their dutit may be found in the fact that at the passage of the “ funding bill,” it was nc expected that the business of the sinking fund would amount to much at an period prior to the year 1880, at which date the “funding bill” provides th; that there shall be levied a tax equal to one per cent upon the amount of th public debt, which tax shall be appropriated to the purposes of the sinkin fund. It was generally expected that the active operations of the sinking fun would commence with the receipt of the revenue from this tax, and in th; expectation but little attention was paid by anybody to the subject of th sinking fund. But the “ funding bill ” also provided that whatever amount migl be collected on account of the state’s claims against Selden, Withers & Co., an from other such sources should go into the sinking fund. By pushing thes claims to unexpected collections, considerable amounts of money were realize; and this money it was with which bonds were purchased for the sinking func I do not mean to claim any extraordinary credit to myself for the faithful perform ance of a simple duty, but it is well known that the collection of many of thes claims was largely, if not entirely, due to my energy in pushing them. I have relerred to the evidence before the joint committee of the legislature [as printed in House Doc. No. 6, Session of 1874,] as to the method in whic purchases of bonds were made for the sinking fund. As I remember, the fid purchase was made by Hon. Geo. Rye, then treasurer. This was, I think, on th very day the commissioners organized to wit, August 2nd, 1871, and the purchas was made from Messrs. R. H. Maury & Co. My only connection with this tran; action was, by direction of treasurer Rye, to make out the order authorizing an requesting the second auditor to issue his warrant upon the treasury for the pay ment of the purchase money. Treasurer Rye received the bonds from Messrs. F H. Maury & Co., and I had no agency in the transaction. There were several other purchases made (by treasurer Rye, I think), prio to the first of January, 1872, but the first purchase made by me, was about th middle of that January. I made this purchase from Messrs. Parker Campbell l Co., at a lower price, by over ten cents in the dollar of the face value of the bond? than any previously purchased, and considerably lower than any purchased dui ing the succeeding three or four months. This, and all other purchases eve made by me, were made upon the condition that the same should be approved b the commissioners. In this instance, especially, I remember that not only wa the sanction of the commissioners readily obtained, but I was congratulated upo 1 the excellence of the bargain. About this time Col. Jos. Mayo, jr., was elected treasurer of the common 7 ealth and became, ex-officio , one of the commissioners of the sinking fund in ace of Hon. Geo. Rye. But the commissioners never held any meeting while easurer Mayo was in office, until called together by governor Kemper on the h of February, 1874. Purchases of bonds, however, continued to be made formally as before, some of them by me, but greatly the larger amount by easurer Mayo, he being himself in several instances the seller of the bonds as ell as the purchaser. Near the close of the fiscal year ending September 30th 1872, I prepared the Report of the operations of the commissioners of the sinking fund from the date their organization, August 2nd, 1871, to the close of the fiscal year ending :ptember 30th, 1872.” Copies of this report, as printed and laid before the jislature, are of easy access and I beg that it be referred to. The following points e notable, to wit: First, That this report is accurate in every respect. Second, lat it shows on its face that the second auditor had nothing whatever to do with preparation. The real fact is that I alone prepared this report, and it was never even seen • any one else until complete ; then it was by me exhibited to each of the com- ssioners of the sinking fund, and upon examination, approved by each of them, en printed under my sole supervision and laid before the legislature with no me but mine affixed to it. If it had been incorrect in any particular nothing is rer than that I would have been held to blame for it. As it is correct, absolutely :urate, in every particular I think I might be allowed whatever-credit the fact [serves. In the sequel it will be seen that it is important to observe the manner in j iich this report was prepared ; especially to note the sources from which I :tained the data for the statements of amounts, which it contains. And as I alone spared the report it is undeniable that I alone can give the information. It is t follows : As I have hereinbefore stated, whenever I drew an order, on behalf of the :nmissioners of the sinking fund, authorizing and requesting the second auditor 'issue his warrant upon the treasurer for the payment of money on account of ] purchase of bonds, I had so framed the phraseology of the order that its text }uld be a full statement of the whole transaction to which it had reference. . .vould show, namely, 1st. The name of the seller of the bonds. 2nd. The amount 1 horized to be paid out of the money in the treasury belonging to the sinking i d. 3rd. The amount (the face value) of the bonds purchased, and 4th, The i e of the transaction. And now in preparing this report, I availed myself of nut as they did not amount to as much as $10,000 (face value) they had not yet >een converted into a registered bond, but still remained in the form of consoli- lated coupon bonds, as when purchased. Some of the city brokers had on hand it that time also certain small lots of what was called “ fundable stuff” (being old )onds, etc., which by the terms of the “ funding bill,” were entitled to be funded). \fter “ peelers ” appeared, they got this “ fundable stuff,” funded into “ peelers,” • nd got me to exchange the “ consols ” on hand in the sinking fund just now nentioned for these “ peelers.” I got the “ consols” out of the treasurer’s safe or the purpose of making these exchanges, in the treasurer’s presence, telling iim oi the whole matter; and on making the exchanges, dollar for dollar of their ice value, I put the “ peelers ” back into the safe in place of the “ consols.” But hese exchanges amounted to no more than $10,000 (face value), and were not egarded as anything but a mere matter of accommodation to the brokers, for fhom 1 did it. The exchanges were made openly in the second auditor’s office, 'ithout any attempt at concealment from any body ; for at that time it was never ipposed that there was any intrinsic difference between the two classes of bonds, nd nobody dreamed for a moment that “ peelers ” and “ consols ” would not be qually valuable as an investment to the sinking fund. 1 he opinion of the Supreme Court of Appeals delivered in the latter part of 372, in the case of Antoni vs. Wright, and in a similar case at the same term, ;ttled the question which had been raised by the act of March 7th, 1872, as to hether coupons from “ consols ” should be received for taxes. Soon after this pinion was promulged, the difference between “ consols ” and “ peelers ” in the ock market quotations increased, and by the 1st of January 1873, it was as high 1 fi ve cents in the dollar of their face value. But this “ difference ” was not at 1 as to their substantial value. It was only such as was made by the arbitrary notations of the stock-jobbers, for speculative purposes; the ground of specula- )n relating to the action to be taken by the legislature on the public debt ques- There were outstanding on the 1st of October 1872, of “consols” over 5,000,000, besides more than $5,000,000 of funded registered bonds convertible 10 into “ consols ” at holder’s option (of which rcgisteied bonds I shall have mon to say presently), while of “ peelers ” there were less than $800,000. This wa: about the state of the case when the legislature assembled in December 1872 and there was great uncertainty as to what that body would do. It was som< weeks before there was any development of the legislative purpose, but very soor after Christmas the stock market became excited over Virginia bonds and th< quotations were very fluctuating, especially as to the difference between “consols’ and “ peelers ’’—that affording the best field just then for the speculations of th< stock-jobbers. This difference fluctuated for several weeks, and seemed to bi affected by almost every speech in the legislature on the subject of the publii debt. In fine, the brokers were simply gambling upon the disposition and pur poses of the legislature touching the public debt of Virginia. But no bonds except “ peelers ” were ever bought by me for the sinking func after “ peelers ” were first issued; although some of the brokers (I remember on< in particular who was very urgent about it) protested against the making of an) difference in purchases for the sinking fund between “ consols ” and “ peelers.’ They wanted me to take them all indiscriminately at “ consols ” prices. As I stated just now, there were outstanding on the 1st of October 1872,— besides the $15,000,000 of “ consols ”—more than $5,000,000 of funded, registerei (consolidated) bonds which expressed on their faces that they were convertibh into “ consols ” at the option of the holder. It had been the practice in the seconc auditor’s office to make these conversions at the holder’s option according to th< provisions of the “ funding billbut after the legislature assumed a hostile atti tude towards the “ funding bill ” the second auditor refused to make these con versions any longer. By reason of this arbitrary refusal of the second auditor the stock-jobber were enabled to arrange still another speculation. They made a difference in thei market quotations between registered “ consols ” and coupon “ consols ; ” althougl these two classes of bonds were issued under the provisions of the same sectioi of the same act of assembly and declared by law to be mutually convertible a holder’s option. In effect, the second auditor put the $5,000,000 of registerei “ consols ” on the same footing with the $800,000 of “ peelers ” and thus affordec the brokers an increase of speculative patodum to the extent of $5,000,000 But towards the close of the year 1872, the second auditor was induced t( agree to convert these registered “ consols ” into coupon “ consols ” whenever re quested by holders to do so. This was in the month of December 1872, when he agreed thus to obey th< law, though I did not hear of it ’till about two weeks after he bad so agreed, was then informed of it by treasurer Mayo, who told me of it as a secret. Hi mentioned the fact that under the law the transfer books, as thev are called, ii the second auditor's office, are closed from the 9th to the 31st of December, am from the 9th to the 30th of June, each year, during which periods no transfers o conversions of state bonds are made. And then he told me that as soon as the book were re-opened, on the 1st of January, the second auditor would again, as he hac formerly done, convert registered “ consols ” into coupon “ consols ” at holder’ option. In the meantime, however, he charged me to keep this informatioi secret , but hinted that if I wanted to make a spendation in the premises I was a liberty to do so, giving me to understand that he had already done so himself On obtaining this information from treasurer Mayo, I went to the office of Messrs Parker Campbell & Co., and after discussing the matter with them in confidence it was agreed between us to make a speculation in the manner indicated to me b' treasurer Mayo. We were to buy registered “ consols,” which were then selling at “peeler” prices, hold them until the 1st of January, then get the second audito 11 :o convert them into coupon “consols” and sell them at “consols” prices; vhereby we would make a very handsome profit. The agreement between them ind myself was that they should furnish the capital, buy the registered “ consols ” ind conduct the operation generally; on settlement they should charge interest >n the money for the time used, deduct that and all other expenses of the specu- ation and then divide the net profit equally between us. As soon as we had made this agreement Mr. S. Sprigg Campbell went out it once with instructions to buy up all the registered “ consols ” in the Richmond narket. But he soon returned and reported that there were none in market, fhey had all been bought up. That night he went to Baltimore with instructions o buy all he could find in that market. He remained in Baltimore several days, ind on his return reported that they had all been bought up in that market also, de said, however, that he had met Gen. Bradley T. Johnson, in Baltimore, and rom him had obtained a lot of them for account of our speculation amounting to >25,000 (face value). He subsequently obtained several very small lots also on he same account amounting to about $5,700 (face value). Messrs. Parker Campbell \ Co. carried out the operation in accordance with the agreement between us, .nd about the middle of January they informed me that they had closed up the >usiness of our speculation, and thereupon they handed me their account current nd we had a settlement in full. The account current then rendered me I have •reserved and herewith submit a copy of the same, as follows: Parker Campbell & Co., in account with W. D. Coleman. 872. 1872. )ec. 30, “ Va. Consols @ 55^ i5,oeo 8231 25 Dec. 20, Expenses S. S. Campbell to 873. Baltimore, 45 00 an. 4, “ Va. Consols “ 55^ 10,000 5487 50 Dec. 21, Va. Consol Regis, (purchased “ 8, “ Va. Consols “ 55^ 5,000 2743 75 by S. S. C.) @ 51 c. 25,000 12,750 00 “ 9, “ Va. Consols “ 54% 700 381 50 Dec. 29, 8 day’s interest @ 10 per cent. “ 9, “ Va. Fraction “ 55 3S 68 21 27 on $12,750 00 28 32 Dec. 20, Va. Consol Reg. 2,900 @ 50I 1453 62 Dec. 24, “ “ “ 2,538.68 “ 5cf 1272 51 1873- Jan. g, Sundry Charges interest per account Fisher & Son, 43 51 Less Sundry Credits 16 01 - 27 50 Jan. 9, Telegrams 10 00 9, Expressage 11 65 - 21 65 Dec. 28, Va. Consol Reg. 200 @56 112 00 Jan. 14, Va. Peeler ' 100 “ 55 55 00 . “ 14, Interest on $2,725 12 97 W. D. Coleman one-half 543 35 P. Campbell & Co. “ 543 35 - 1086 70 $16,865 27 $16,865 27 E. & O. E. Receipt given for the sum of $543.35, as per this account. WM. D. COLEMAN, January 14th, 1873. I wish you to notice, Mr. Wise, while this account is before you, that among re bonds purchased was one “ peeler” of $100, which however was not among re bonds sold. Mr. Campbell told me he had received this “ peeler ” by mistake, ut in our settlement I agreed to take it on my own account, paid for it on the i ?ot and thus made it my individual property. I afterwards used this “ peeler ” (along with others which 1 subsequently acquired) in the manner hereinafter! fully stated. As I have stated hereinbefore, there were on hand in the sinking fund at thi;J time (say, January ist, 1873) seven of the registered. “ consols” each for $10,0001 (face value) amounting to $70,000 (face value) in the aggregate. They repre sented the bonds which had been purchased for the sinking fund prior to the issue( of “ peelers ” and also comprised the $10,000 (face value) of bonds which hac been purchased by the Board of Public Works and transferred to the sinking fund. That the sinking fund had these $70,000 of registered “ consols ” on hanc was known, I believe, to every broker in Richmond. Among others, Mr. S. Sprigg Campbell had knowledge of it; and after closing up the speculation betweer Messrs. Parker Campbell & Co. and myself, just mentioned, he urged me to go into another speculation with him, making these $70,000 of registered “ consols ” the basis of the same. The operation was to be as follows : To get these $70,000 oij registered “ consols ” converted into coupon “consols;” then exchange these] coupon “consols” for “ peelers;” then to have the “ peelers,” in their turn, converted into registered bonds again in the name of the commissioners of the sinking fund, It is to be remembered in this connection that the only difference between registered “ consols ” and registered “ peelers ” is in their respective dates. Both are printed from the same plates, and both express the obligation of the •eommon-< wealth for their payment in precisely the same language. During the month o:, January 1873 after the speculation between Messrs. Parker Campbell & Co. andi myself had been closed up, the subject of converting these $70,000 of registered “ consols ” and so on, was several times discussed between Mr. S. Sprigg Camp-i bell and myself. I was reluctant to do it, but he urged it. I had told treasurer Mayo about the successful speculation in which I had engaged with Messrs. Parker Campbell & Co., in registered “ consols,” and he. had given me to understand that he also had made a considerable sum of moneyi by a similar speculation. Near about the ist of February, I mentioned to treas-* urer Mayo the subject of these $70,000 of registered “ consols ” in the sinkingi fund, and asked his opinion of the scheme for their conversion into coupoyi “ con-f sols.” and so on, as already described above. In reply treasurer Mayo at once expressed his approval of the scheme, and slid he would like to go into it. After some discussion ol the subject with him, my own scruples were removed, andi I made up my mind to go into the speculation. The details of the operation were then discussed between treasurer Mayo and myself, and I suggested that as two of the clerks in the second auditor’s office, and one of those in the treasury, office, would have to perform the clerical work necessary for the several conversions and reconversions ol the bonds, it was but fair that they should have a portion ol the profits which might be made by the transaction. To this treasurer Maya assented, and it was agreed that I should speak to the two clerks in the second auditor’s office and he to the clerk in his office. I did speak to the two clerks in the second auditor’s office and they both agreed to do their part of the work, and seemed glad of the opportunity, to make the money. I only told them the main pointsi in the plan, without the details, as discussed by treasurer Mayo and myself; but I told them that their part would be at least $100, each, and I thought considerably more, at which they seemed well pleased. I remember being told by one of them at the time of a similar enterprise by which Mr. DeWitt and Mr. Daniel had made considerable sums of money for themselves, on account of exchanging one kind ol bond for another some years previously for a certain broker. After this, I went to Mr. S. Sprigg Campbell, and told him that I had con-. suited treasurer Mayo, and some of the “ basement clerks ” in tegard to the pro- 13 ■ct, and as they saw no impropriety in it, I had resolved to go into it. Mr. S. prigg Campbell seemed pleased at my conclusion, and said he would go to work : once to buy up “ peelers,” and get them ready to make the exchanges. He lid he had on hand, or could get ready, as much as $10,000, in a few days. The next day, I think it was, I took to the transfer clerk in the second audi >r’s office, one of the $10,000 registered “ consols,” and requested him to con- ert it into ten coupon “ consols ” for $1,000 each. He promised to do it speedily. 1 a day or two afterwards, probably the very next day, I handed him the other V registered “ consols ” for $10,000 each, asking him to convert them also into mpon “ consols,” and this he also promised to do speedily. Not long after this, a day or two, perhaps, he informed me that the first reg- ed “consol ” for $10,000 he had converted into coupon “ mnsnk ” anH tW ered “ consol _ _ e latter were ready to be delivered to me. Thereupon I received them and pied the receipt for them. I then folded them and put them up in a package my desk, after which I took them into the treasury office, showed them to tasurer Mayo, and put them into the treasurer’s safe for the time being. A day or two after this, as I sat at my desk, a clerk in the treasurer’s office ssed along near me from the treasury office into that of the second auditor, frying a large bundle of bonds in his hands. As he passed near me he called r attention to the bonds he was carrying and said something to the effect that had those bonds for me. I inferred that treasurer Mayo had explained to n the whole operation, and that his remark to me was an allusion to it. But s proper to say that I have never had any conversation with this clerk on the oject. Two or three hours later, the same day, as I was standing at a large ■ le used by the board of public works in a part of the second auditor’s office, : imining some old records spread out before me, I noticed the second auditor en. Rogers) at his desk engaged in signing a large number of bonds which I • iposed were the same which had been brought in that day. As I stood there, I Mr. DeWitt come up to auditor Rogers, and stand by him for a few moments (king at him signing the bonds. He then came on to me where I stood and [ Aged in conversation with me about the conversion of the said bonds. Mr. -Witt is now dead, and for that reason I refrain from relating the conversation ) ween us. After auditor Rogers had finished signing these bonds I received them from 1 transfer clerk and receipted for them. It was by this time nearly three o’clock, 1 hour for closing up the offices in the capitol. There were sixty of these cou- '' “ consols ” each for $1,000, making $60,000 in the aggregate. I took them I rolled them up into a bundle without folding them, and forthwith carried bn into the treasurer’s private office to put them in his safe ; treasurer Mayo was )’ sent, but had just closed and locked his safe preparatory to leaving. I told ii what bonds these were and he opened the safe for me to put them in. The k ds belonging to the sinking fund were kept in an upper compartment of this f‘ sur y sa fe, but there was not room in that compartment for the large roll of 'C ds I now had and I therefore laid them away in the bottom of the safe. Treas- II Mayo assisted me to put them in, he removing some other things in the 'C om of the safe in order to make room. He then closed and locked the safe n we left the office together. As we walked along, after leaving the capitol, I 0 him of the conversation between Mr. De Witt and myself, while auditor L : ers wa s signing the bonds, and that Mr. De Witt was to have a part of what- v we made by the operation. Treasurer Mayo made some disparaging n about Mr. De Witt and warned me that he was no friend of mine) his n lty towards me being the effect of my having an office he formerly held; 14 (alluding to my appointment as secretary of the board of public works in pla< of Mr. De Witt). The next day (I think it was) Mr. S. Sprigg Campbell notified me that 1 had procured $10,000 of “peelers” and was ready to proceed to that extent making the exchanges which we had agreed to make. I went to the treasui safe and in treasurer Mayo’s presence, took out the bundle containing the $10,oc of coupon “consols” into which the first one of the $10,000 registered “ consols had been converted as I have above related. On taking out this bundle I to treasurer Mayo what I was going to do with the bonds and all about Mr. Cam; bell having notified me of his readiness to exchange “ peelers ” for them. 1 th< took the bonds to Mr. Campbell and we made the exchange. Mr. Campbell sa the “ difference ” would be $300 and he was proceeding to divide that amou equally between us; but 1 told him no, that it had to be divided with treasur Mayo and some of the “ basement clerks ” and that his part would be only on seventh. After some contention for one-half , Mr. Campbell finally agreed to tal the one-seventh and the settlement was made accordingly. He paid me $257. in currency, and retained $42.85 out of the $300. After making this exchange and settlement with Mr. Campbell, I took tl $10,000 of “ peelers ” received from him and put them in the safe in the treasu office in the very spot from which I had taken the $10,000 of “ consols ” to mal the exchange. The occasion is distinctly impressed upon my memory by reas<| of the circumstances. On entering the treasurer’s private office to put the “ peelers ” in his safe I found several members of the legisluture and several 1 the “ basement clerks ” present with treasurer Mayo, the whole party being in tj act of taking a drink of whiskey together. I was invited to join them and d so. The safe-door was standing open, treasurer Mayo, I judged, having just taki out of the safe a demijohn of whiskey which in those days was kept there. I casually remarked to him that I had just come in to put away this bundle of boni and having thus called his attention to what I was doing, I put the “ peelers ” irl the safe as already stated and proceeded to take a drink with the party. It \\i then three o’clock and we all went out. I left the capitol at once and proceed directly to my lodgings, because I was feeling quite unwell and suffering with cold. The money paid me by Mr. Campbell on making this exchange I put in my pocket for the time, and before I had an opportunity to divide it with treasu l Mayo and the others, I was taken ill with inflammatory rheumatism which cc fined me to my room for about six weeks. Treasurer Mayo came to see me wh I was in bed and I told him the particulars of the transaction between > Campbell and myself, informing him of the amount of money I had receiv from Mr. Campbell and the basis on which I had divided it, and also mention that the $257.15 I had received from Mr. Campbell to be divided with h (treasurer Mayo) and the “ basement clerks ” was then by me in my roo Treasurer Mayo very kindly suggested that 1 would need money in my sickness a told me that I would better keep the $257,15, and said that he would exchange ' remaining $60,000 of “ consols ” into which the registered bonds had been c« verted and make the divisions with the others out of the “ difference ” he shoj obtain in making the said exchanges. To this I very gladly assented. Mr. Campbell also came to see me, while I was sick in bed, several tiirsi file first time he came after I had made the arrangement with treasurer M;J just mentioned, I got him to take $200 of the money to keep for me, and I kit the balance of it for use as I might need it. Before I got well I sent to A Campbell for $50 of the money as I needed it, and after my recovery he hand me back the balance. 15 Upon my recovery and return to the capitol, treasurer Mayo told me that he id effected the exchange of a portion of the $60,000 but not all of it. He did )t tell me how much he had exchanged nor what amount of money he had ceived on account of the same. He did tell me, however, that he had thought a better plan than mine for effecting these exchanges. He said his plan was sell the “ consols ” in the stock market and then buy “ peelers ” as he could ck them up in the market, from time to time. By this plan, he said, we would ake more than by mine, because we would not have to pav Mr. Campbell or y c^her broker, a share of the “ difference.” He said he had better facilities r effecting this operation than 1 had and would go on and finish the business of changing the balance of the $60,000 of “ consols ” into which the $70,000 of entered bonds had been converted. I very readily agreed to this and thereafter lad nothing whatever to do with exchanging the remainder of these “ consols.” the course of the next month or so, treasurer Mayo handed me, at different ies, several sums of money amounting to about one hundred dollars, or more, uch he told me at the time was on account of my part of the difference acquir- by exchanging these $60,000 of “ consols ” for “ peelers.” He did not expressly me on any of these occasions that he had paid similar sums, or any sums, to basement clerks ” who were entitled to a share of the profits of the operation 1 1 took it for granted that he had paid them. To Mr. Campbell I mentioned ■ fact that I had turned over to treasurer Mayo the whole business of finishing these exchanges ” and hinted to him that he had better speak to him on the >ject. I do not know certainly whether he ever did speak to him on the >ject or not, but I believe he did. I have stated that I never at any time did buy for the sinking fund a single far of ‘ consols ” after “ peelers ” were issued. There were never, in fact, any rasols bought after the date of the first issue of “ peelers,” except in three in- ices in one of which, as I will now relate, auditor Rogers was the purchaser; and einafter tW ° treasurer Mayo was ’ as 1 wil1 also relate, in its proper place, Some time in April, 1873, Mr. James L. Maury, representing the firm of R. H. ary & Co., came to me and asked me to purchase of him for the sinking fund t of ‘consols ” amounting to $26,000 (face value). But I altogether declined (lake the purchase on the ground that the commissioners of the sinking fund f Purchasing none but “ peelers,” and this for obvious reasons. On my abso- | y declining to make the purchase, Mr. Maury left me and went to auditor P rs who was sitting at his desk, I being seated at mine at the time. He held e conversation with auditor Rogers, which I did not hear well enough to erstand after which auditor Rogers came to me at my desk, and, entering at ; into the subject, said to me that he thought the sinking fund ought to buy e bonds which Mr. Maury wanted to sell. He said he thought the state , u 1 / - a ^°° d bar S ain to bu y her obligations at such a discount and -:3es, he added, it would be a great accommodation to Mr. Maury. I replied • he (auditor Rogers) was one of the commissioners of the sinking fund, If 1 was onl y a secretary and had no voice in determining their action ; but t| lever you gentlemen, the commissioners, direct me to do, I am quite willing x And then I suggested that he should let me go and consult the other 1 tnissioners^ To this he assented, and I went at once to treasurer Mayo in e reasurv office, and told him what auditor Rogers wanted me to do. Tre’as- 1| Mayo replied that he had no objection to the purchase, as auditor Rogers | eblt t0 be made. Then I went to auditor Taylor’s office to consult him on e ubject, but he was not in his office. I returned to Mr. Maury who was wait- 31 the second auditor’s office, and told him that as two of the commissioners 16 had agreed to make the purchase he could bring the bonds, and I would recei them and give him an order for a warrant to pay for them. Accordingly, the bon were brought to me, and I gave the order for a warrant to pay for them. ( receiving the bonds, I took them to the treasurer’s safe and put them in it, presence of treasurer Mayo, along with the other bonds there belonging to t sinking fund. One day in (he month of July, 1873, after auditor Rogers had purchasj these “ consols” from Mr. Maury, treasurer Mayo purchased of Messrs. Isaa> Taylor & Williams, some twenty-odd thousands of dollars (face value) of “ pc ers.” Mr. Williams of that firm delivered these bonds in person to treasur Mayo in the treasurer’s office. When he brought them treasurer Mayo came me at my desk, and told me of the purchase, and instructed me to draw an ore for a warrant to pay for them. When he did so, as I sat at my desk, I suggest' to him that it would be well to exchange the §26,000 of “ consols ” purchased auditor Rogers of Mr. Maury (as I have just now related) with Mr. Williams 1 these “ peelers ” instead of buying the said “ peelers;” my idea being to take t “ difference ” also in “ peelers ” for the benefit of the sinking fund. To this su gestion, treasurer Mayo assented, but said he had already exchanged for “peeler a portion of the §26,000 of “ consols ” to which I had reference. We then we from my desk to the treasurer’s private office where Mr. Williams was waiting w the “ peelers ” he had brought. I went to the safe in the treasury office, took c the bundle I had put there, and which when I put it there contained the §26,0 of “ consols ” purchased by auditor Rogers of Mr. Maury. On examining t bundle now', I found that it contained only §8,000 (face value) of “ conso treasurer Mayo having already exchanged for “ peelers ” §18,000 (face value) these “ consols.” I took the §8,000 of “ consols ” which remained, and propos to Mr. Williams to exchange them with him for his “ peelers ” as far as th would go ; treasurer Wayo being present and assenting to the proposition. J Williams accepted the proposition, and the exchange was made on the basis allowing three and a haif cents in the dollar of the face value of the bonds “ difference ” between the “ consols ” and the “ peelers.” Then I made the c culation, deducted from the amount of “ peelers ” brought by Mr. Williams 5 §23,200 (face value) the $S,ooo (face value) of “ consols ” plus the amount allow as “ difference ” on the said §8,ooo, say. $280 in currency; or calculating t “ difference ” in “ peelers ” at the price at which Mr. Williams had made the s to treasurer Mayo originally—which was fifty cents in the dollar of their f; value—it made §560 (face value) in “ peelers thus making §8,560 (face vain ol “ peelers to be deducted from the §23,200 (face value) of “ peelers ” orii nally sold by Mr. Williams to treasurer Mayo for the sinking fund, and leavl §14,640 (face value) of “ peelers ” delivered by Mr. Williams, for which he v entitled to be paid in money at fifty cents in the dollar of their face value. The upon I drew an order in favor of Mr. Williams, or in favor of Isaacs, Taylor Williams, for a warrant for §7,320 to be issued by the second auditor to pay these §14,640 (face value) of “ peelers.” This order was then taken to the secc auditor’s office, and a warrant issued accordingly. I he original order drawn by me on that occasion is now on file in the sea auditor s office (or ought to be). There will be found appended to it the rect signed by Mr. William^, and the text and purport of it will corroborate this, statement of this transaction. It has been variously stated by Mr. Williams ; treasurer Mayo, both being essentially inaccurate. I prove my statement true 1 ! reference to the original order and Mr. Williams’s receipt. When I suggested to treasurer Mayo to exchange these “ consols ” with a Williams for his “ peelers,” it was my idea to put the “ difference ” which wol ethereby acquired into the sinking fund, and treat it as a sort oi surplus of bonds n hand beyond what had been acquired by purchase. My purpose was to ap- end a note to the next annual report of the sinking fund, reciting the fact that lis exchange of “ consols ” for “ peelers ” had been made, and stating the amount lereby added to the sinking fund, just as in the first annual report I had stated 1 a note that $10,000 of consolidated bonds had been, that year, purchased by le board of public works, and transferred to the sinking fund. This was the nly method that I thought of at the time by which so anomalous a transaction Duld be embraced in the account of the sinking fund ; for in accordance with the /stem of orders for warrants, warrants for checks, and checks for currency nployed in the several departments of the state goverment, no warrant could be rawn to embrace and explain on its face the nature and particulars of the trans¬ ition with Mr. Williams. But on mentioning the subject to treasurer Mayo jain, some time subsequent to the transaction, he told me that he considered iat we were entitled to the “ difference ” acquired by reason of the exchange of consols with Mr. Williams for his “ peelers.” He said the sinking fund had ) right to it, because it would be wrong for the commonwealth to make any ich “ difference ” between her own bonds in swapping one for another. After >me further conversation on the subject, I adopted his view of the matter. And treasurer Mayo had already exchanged the greater part of the $26,000 of “ con- ls in question, and taken the “ difference ” himself, I considered myself entitled the “ difference ” received from Mr. Williams, and thereafter treated it cordingly. A month or so before the close of the fiscal year ending September 30th 73 , as a preliminary to making out the annual report of the sinking fund for at year, I went to the treasury safe, (treasurer Mayo, being present and assist- 1 ail< ^ t°°k: out all the coupon bonds I found there belonging to the sinking id, for the purpose of having them converted into registered bonds in the name the commissioners of the sinking fund. On examining the bonds I found that of them were “ peelers;” and I also found that some of them had coupons for preceding January and July both ; some for the preceding July only, and some the preceding January only. Of the latter I found that the coupons for Jan- y and July both had been cut off and the coupon for January, but not for July, 1 afterwards been pinned on. This I considered indicative of a mere mistake, ne former owner had probably cut off at one time the coupons for January and being for one year s interest on the bond, probably in one piece, and the id being afterwards sold between January and July, in pinning on the coupon to with the bond, that for January had been pinned on instead of that for July, entioned the matter to treasurer Mayo at the time, but as it made no difference itever in the amount of interest collectible on the bond, we both concluded . it was not worth notice. Some of these bonds had no coupons for either July : anuary having been purchased after the 1st, of July. proceeded to takeoff from the bonds all the January and July coupons, and as so I put them into a small paper box beside me, placed there for the purpose, [ a not count them at that time for the reason that it was tedious work taking them 1 and I considered that I could count them some other time as well ; my chief pur- 1 t° arran » e t ^ ie bonds themselves for conversion into registered s.. When I had completed the work of removing the coupons I put the .r box containing them into the treasury safe, where it remained some time, or six weeks, I think, until I had occasion to take it out as stated in the Having thus removed and put away all the January and July coupons' from •on s, I next arranged the bonds themselves in their numerical order, for the convenience of the second auditor’s transfer clerk, whom I had to get to cor vert them into registered bonds. Then I put them all up into packages of $io,oc each (face value) that being the highest denomination of bonds issued. O counting these packages after thus putting them up, I found that there were ju: seventeen of them, making the amount of these “ peelers ” then on hand $170,00 (face value). To treasurer Mayo, then present, 1 told the amount and he then upon informed me that he had taken out a lot of “ consols ” belonging to tf sinking fund to “ exchange ” them for “ peelers ” but had not yet completed tl said exchange. I do not remember the amount, if he named it. In reply, I to! j him that I would not make out the report of the sinking fund until after the 1st 'j October and he would have time enough to complete the exchange before I w ready to count the bonds. But he has never said anythin j- more to me on tl subject, but I supposed afterwards that he had completed the exchange and p “ peelers ” in the place of the “ consols ” he had taken out, though I do not kncj that he ever did. That same day I informed Mr. Poiteaux. the transfer clerk in the secoi! auditor’s office, that I had arranged these “ peelers ” for conversion into register^ bonds and requested him to make the conversions as soon as he conveniently coul; but he said he was right busy then and asked me to let them stand until he w; less busy. I spoke to him about them several times afterwards, but he alwas put me off to a more convenient season. They remained just as I had put then up, the seventeen packages of $10,000 each, from that time until the day of t: investigation ordered by Gov. Kemper in February 1874, as hereinafter relate and were produced by me in that condition on that occasion. Not long after this there occurred what is known in the financial world “ The Panic of September.” Under the excitement of that revulsion Virgi; bonds which had been selling at over fifty cents in the dollar, went down to fo; and even less without finding purchasers. A few days before this “ Panic ” begi while there were strong symptoms of its coming prevailing, Mr. James L. Mai came to me and said that he had some $5,000 (face value) of “ peelers ” which desired to sell in order to get currency (which was then already hard to get) a requested me to purchase them for the sinking fund. Me asked, I think, ce in the dollar lor them, that being the nominal rate quoted for them in the stc market, though there had been no sales reported for some time, I think. I • dined to make the purchase and told Mr. Maury that matters were so unsett in the stock market that I thought it bad policy to make any purchases of boi for the sinking fund at that time. I also made a prediction to Mr Maury at time (ofwhich he reminded me afterwards and asked me how I knew it?) that less than thirty days from that date “ peelers ” would be down to forty-five ce in the dollar and probably less—as did actually happen in less than twenty da Upon my declining to make the purchase, Mr. Maury went to auditor Rog who sat at his desk almost, though not quite, in sight of me. In a few mini afterwards, auditor Rogers came to me and first enquired how much money sinking fund had at that time on hand in the treasury. I was sitting at my d at the time and taking out and consulting a memorandum of the receipts ; disbursements of the sinking fund which I had been keeping that year for my c convenience, I told him that in point of fact there were only $30 then in the tr< ury to the credit of the sinking fund ; but, I added, there was a consider^ amount due for interest on the bonds held by the sinking fund which was colie ble at any time. He then spoke of the “ peelers ” which Mr. Maury desiree sell, saying that in his opinion the price asked was low enough, and that the s' would be making a very good bargain to buy them, and that it would be a gi accommodation to Mr. Maury. He then suggested that I should at once col: 1 ( J he interest due the sinking fund which I had mentioned, and make the purchase >f these “ peelers ” from Mr. Maury. I told him, as I had on a former occasion >f a similar nature, that whatever the commissioners of the sinking fund (of whom le was one) directed me to do, I, as secretary, would certainly do, and that I had jersonally nothing to say. He then left me, and I went directly to treasurer dayo, in the treasury private office, and informed him of all that I have just re- ated. Treasurer Mayo said well, if auditor Rogers wanted the purchase to be made >f Mr. Maury’s “ peelers ” he had no objection. Accordingly I returned to my lesk where I found Mr. Maury awaiting me, and told him that as two of the com- nissioners of the sinking fund had agreed to make the purchase, it was unneces- ary, I supposed, to consult the third (auditor W. F. Taylor), and that therefore I vould receive his “ peelers ” for the sinking fund at the price he asked ; only he vould have to wait, I told him, an hour or so for me to put the money in the reasury to the credit of the sinking fund to pay for them. He seemed very much (leased, and left me with the understanding that he would send up the “ peelers ” n an hour or so. He did send them. I. received them at the hands of Mr. lichard W. Maury, and issued the order for a warrant for the money, and Mr. laury got the warrant and check on which he obtained the currency. In the meantime, after Mr. Maury had left me, I went to the treasury safe, ^easurer Mayp being present, and took out the paper box containing the coupons ffiich I had cut off from the “ peelers ” belonging to the sinking fund some five r six weeks previously, as I have above related. I had to hasten in order to get re transaction with Mr. Maury completed within the hour or two as I had prom- led ; and in consequence of this haste I did not stop in the treasury office then ) count these coupons, but took the box containing them just as I found it in the easury safe, to Mr. DeWitt in the second auditor’s office (it was Mr. DeWitt’s usiness to make out the proper papers for the payment of interest on the “cou- on debt,”) and requested him to make out the papers on which I could get the iterest for which these coupons called. I told him that I had not counted them, ut as he would have to count them over again, even if I counted them first, I :quested him to take the box and count the coupons for me. He took them, I ox and all and carried them to nis own table (in a recess of one of the windows) r the purpose of counting them and making out the papers for the payment of ie interest. But in a little while afterwards—it was fifteen or twenty minutes per- : ips—he came around to my desk and handed me a portion of the coupons i 1 ready counted, with a memorandum of their amount, and told me to make out (| e “ coupon list ” for those while he counted and made out the “ coupon lists ” I r the remainder. I did so and then returned the “ coupon lists ” to him with e coupons the summary of which, as I made it, agreed with the amount as unfed by him as per his memorandum handed me. These “ coupon lists ” are >w (or ought to be) on file in the second auditor’s office, and they will corrob- - ate my statement about them. Some of them are in my handwriting and some : Mr. DeWitt’s. In the course of an hour after this Mr. DeWitt brought me the proper cer- licates on which I obtained warrants, and on the warrants checks lor two-thirds the amount of these coupons, and a“ deferred certificate” for the remaining jfird. The latter is now (or ought to be) in a little tin-box belonging to the sink- i j fund where I put it then, and the checks I collected, (by transfer of the - < iount to the credit of the sinking fund,) and put the voucher of the same into t - same little tin-box where it now is, or ought to be. If you, Mr. Wise, will now examine the original warrant issued to Mr. Maury t pay for this lot of bonds, which is now on file in the treasury office, or ought to El, (the amount of the bonds was just $5,400 (face value), 1 believe) you will find it dated the same day as the receipt for the money ($4,050) paid into the treasui by me on account of the interest on the coupon bonds belonging to the sinkir fund—the latter being, as 1 have stated, paid in at that time especially to meet tl tbrmer. And thus you will see that my statement about this transaction is tru The interest on the “ registered debt,” as it is called, is entered up, or credite to the holders of registered bonds every six months. About the last of Septen ber, 1873, the close of the fiscal year, I requested the clerk Mr. Morrison (wl had charge of the interest books of the “ registered debt ”) to ascertain the amoui due the sinking fund on account of interest on its registered bonds and give n the necessary certificates for its collection. He did so; I collected the intere and paid it into the treasury (by transfer) to the credit of the sinking fund, ar put all the vouchers relating to the transaction into the little tin-box belongir to the sinking fund, where I suppose they now are. But after Mr. Morrison had given me the certificates for the collection of th interest, I myself computed the amount of interest due the sinking fund on accou of its registered bonds, and discovered that Mr. Morrison had made an err< against the sinking fund in his calculation. I pointed out this error to him ; 1 acknowledged it and gave me additional certificates to cover the amount of tl error. If you will now examine these certificates, which are filed in the secoi auditor’s office (or ought to be) they will corroborate my statement about th transaction. About the first of October 1873 I obtained leave of absence, and went on 1 visit to Danville. On my return I found most of the officers and clerks about tl capitol very much taken up with politics, the gubernatorial election being the a sorbing subject. I also entered into the campaign work as ardently as the othei and as a member of the “ Kemper Kampaign Klub,” and otherwise, devoted n time largely to the business of securing the election of Hon J. L. Kemper 1 governor. In consequence of this I neglected for several weeks to make out til annual report of the sinking fund for that year. But I considered that there w no occasion for great promptness about it; the legislature was not to meet th year till January; none of the reports of public officers had been made 01 scarcely any of them even had been commenced. One day, however,—I thirl it was about a week after the election—the second auditor (Gen. Rogers) ask( me to let him see my report of the sinking fund for that year, saying that 1 wished to make a complimentary reference to it in his annual report on the publ debt. (He had never made any allusion to the sinking fund in any manner in ai former report.) I told him I had not yet made out my report, but would do :f at once and give him a copy. He replied that that would not be necessary ; th he only wanted to make a passing reference to the sinking fund in his report, call attention to the fact that it was absorbing the state debt to an encouragit degree, and that if I would give him the principal items of information on tl subject that would be sufficient for his purpose. Thereupon I prepared a rou< statement showing the amounts, respectively, of the receipts, the disbursement and the bonds (the face value) purchased during the fiscal year ending Septemb 30th, 1873, which I handed him. From this very same statement (the identical copy I handed auditor Roger I afterwards made out the “ report of the operations of the commissioners of ti sinking fund during the fiscal year ending September 30th 1873.” Copies oft! report, as printed and laid before the legislature, are of easy access to you and beg that you will examine it. You will find it entirely accurate in every respec In another connection hereinafter you will perceive the importance of tl enquiry : How was this statement prepared ? And here is the answer : From t! original orders, for warrants issued and signed by me and filed in the secon lditor’s office. I did indeed, for convenience, consult the memorandum which had kept in my desk of the disbursements and receipts of the sinking fund, but verified it by comparison with these original orders . After keeping this statement several days, auditor Rogers returned it to me, .ying that that was not exactly what he wanted ; that he wanted to know, how any of the bonds purchased for the sinking fund were 11 consols ” and how any were “ peelers.” I replied that in keeping the accounts of the sinking fund ) distinction had been made between these two series of bonds, but all were en- red alike as “ consolidated bonds.” I could however by examining the orders ake out a statement to show which of the various purchases were “ consols ” id which were “ peelers.” Any one can see that this was easily done; for after e appearance of “ peelers ” no “ consols ” at all had been purchased, except the >6,000 of them purchased by auditor Rogers of Mr. Maury, while before peelers ” appeared all purchases were of “ consols.” I had therefore but to ake the calculation with reference to this fact, and the result would give the isire'd information. He requested me to do so and I did. On handing him the itement thus calculated, he said it was satisfactory, and never mentioned the bject to me afterwards. I pass on now to another episode in the history of my connection with the iking fund as its secretary. Under the provisions of an act of assembly, passed 1853, the Richmond and Danville railroad company obtained a loan of $600, >o, upon certain terms which required the said company to pay into the treasury e sum of $21,000 every six months until the said loan, principal and interest, ould be liquidated. In the fall of the year 1872 I called the attention of auditor lylor to the fact that these semi-annual payments were being made through his ice and erroneously passed to the credit of the “ internal improvement fund,” lereas they should, under the provisions of the “ funding bill,” have gone to the edit of the sinking fund. Up to that time the company had, I believe, made •ee ol these semi-annual payments subsequent to the passage of the “ funding 1,” making the sum of $63,000 which had been erroneously withheld from the king fund. Auditor Taylor admitted the correctness of my view of the matter p expressed his willingness to have the correction made. I also called the at- ition of auditor Rogers and treasurer Mayo to the subject; but up to the close the fiscal year ending September 30th, 1873, nothing had been done in the : anises, and the money still stood on the treasurer’s books to the credit of the 'iternal improvement fund,” instead of the sinking fund. I considered that I 11 done all that was proper for me to do, in that I had given all three of the : nmissioners of the Unking fund the necessary information on which they could . if they chose to do so, and for my part I concluded to do nothing further in 1 matter ; and thus it rested for about a year. I But some weeks after my return from my visit to Danville in October, 1873, Usurer Mayo told me that he had arranged with auditor Taylor, to have this r ney ($63,000 in currency) transferred to the sinking fund ; and, on the strength lit, had given an order to the Planters’ National Bank to purchase a large amount >: ponds for the sinking fund at the then prevailing “ panic prices.” Within a 1 weeks thereafter, the Planters’ National Bank did make purchases for the i ;ing fund amounting to over $110.000, at the then prevailing “ panic prices.” it of these bonds were “ consols ” and part” peelers.” Treasurer Mayo received h n at the hands of Mr. Quarles, the bank cashier, and I had nothing to do lii the transaction, except that by direction of treasurer Mayo, I drew an order 3 warrants to pay for them. Near about this same time (during the prevalence of the “ Panic ”), treasurer 1U0 also purchased a small lot of “ consols ” (about $2,000, face value, I believe) •)•) of Messrs. Davenport & Co., through Mr. Charles E. Wortham of that fir And these also were purchased at “ panic prices.” These transactions, to wit: The purchase by the Planters’ National Bank, a this small purchase from Messrs. Davenport & Co. (both made by treasui Mayo), and the purchase of $26,000, face value, made by auditor Rogers, of M« srs. R. H. Maury & Co., comprised all the “ consols ” that ever were purchas for the sinking fund after “ peelers ” first appeared in the stock markets. I have related all I know touching the disposition made of the $70,000 “consols” into which the seven $10,000 registered bonds belonging to the sin ing fund were converted. Namely, that I exchanged $10,000 of them w Campbell for “peelers,” dollar for dollar, and put the “peelers” into the treasuj safe in place of the “consols.” Treasurer Mayo undertook to exchange the r maining $60,000; his plan being to sell the “consols” and buy “peelers,” in lieu them, to the same amount as their face value. From the testimony of Jno. Davis, Esq., President of the Planters’ National Bank, and of others, before t joint committee of the legislature, it was proven that he did sell these “consol:; they being identified by the serial numbers which they bore. Whether he e\| purchased “peelers,” in lieu of them, to the same amount as their face value, or, any amount, except perhaps some $28,000 which Mr. Campbell in his testimoi before the same committee testified that he purchased for him ?—is one of t most important questions connected with the deficit which was discover on counting the bonds belonging to the sinking fund. But upon this quo tion there has never been any evidence adduced, and I am altogether without i| formation. I have also related all I know about the disposition made of the $26,000 “consols” which auditor Rogers purchased for the sinking fund from Messrs. , H. Maury & Co. Namely, that I exchanged $8,000 of them for “peelers” doh for dollar with Mr. J. C. Williams, of the firm of Isaacs, Taylor & William and that treasurer Mayo told me at the time that he had then already exchang the other por f ion of them. The “peelers” I received from Mr. Williams I f in the place of the “consols” for which I exchanged them ; and at the same tii| put with them the $560 of “peelers” which he allowed as “difference” in the q change, but which afterwards, on conference with treasurer Mayo, I was convinq did not belong to the sinking fund, but to me. Whether treasurer Mayo in q changing the $18,000 of these “consols” made the said exchange for “peeler dollar for dollar, or how he arranged the transactions he has never told me, and know nothing about it. It but remains for me to state what I know- about the disposition made the $2,000 of "consols” purchased by treasurer Mayo for the sinking fund fra Messrs. Davenport & Co.; and if those purchased for the sinking fund, on treasuj Mayo’s order, by the Planters’ National Bank. The aggregate amount of thJ two purchases was a'bout $60,000 of “consols.” Of these all I ever had anythin to do with I exchanged dollar for dollar for “peelers” with Maj. John P. Bran', of the firm of Thos. Branch & Co., receiving the “difference” in currency 1 checks. The testimony of Major Branch before the joint committee of the le islature on this subject is entirely correct; and the amount I exchanged with hi was, as he stated, $34,400 of “consols.” These exchanges I made with him l three different occasions : first, an exchange of $10,000; next, of $4,400, al lastly of $20,000. And on every one of these occasions, except the last, I p;l treasurer Mayo one-half of the amount of money I had received as “differenc 1 telling him at the time all the particulars of the transaction. Of the remainder of these “ consols,” I only know that treasurer Mayo td me he had exchanged them for " peelers.” One day about the first of Februa, 20 4., or the last week in January, I went into the treasurer’s private office and iere found treasurer Mayo alone with Mr. W. G. Taylor of the firm of Isaacs, aylor & Williams. Mr. Taylor was nearly in the act of leaving as 1 entered ie room. As soon as he was gone, treasurer Mayo took out of his pocket a roll : bank notes, and counted them over in my presence; they amounted to $300, id he then counted out $150 of the said bank notes, and handed them to me, lling me that it was for my part of the “ difference ” wh'teh he had just received, 1 account of exchanging $10,000 of “ consols ” for “ peelers.” In concluding my statement of the whole business of these exchanges of consols ” for “ peelers,” it is but just to myself to say, that I never dreamed of ffrauding the sinking fund out of a solitary cent to which it was entitled. I ;ver made any more secret of the matter, than business men ordinarily make of asiness transactions, and every one of the gentlemen with whom I made exchan- ;s was fully informed by me that I was acting in connection with treasurer 'ayo, and with his approval. My view of these transactions was formed after dis¬ using the subject with other gentlemen, whose opinions I adopted ; and I acted so with reference to precedents of a similar nature which had come to my know- dge in the capitol; and whatever may be the various views of the subject, in its oral and ethical aspect, I believe that even my enemies must admit, in all can- iur, that there was, at least, an absence of what the law calls the animus furandi. do not mean now to impugn my own conduct in the premises, by offering the penitential plea ” that I believed I was lights of course I believed it and I be¬ ne it now. But the question is susceptible of a juridical settlement, just like any her controversy relating to property, between men in a civilized community. can be settled by a civil action at law. The attorney general can bring this :tion at any time, and I have only to say that whenever a jury, with all the facts Tore them, shall decide that the “difference” between the “consols” belonging to e sinking fund and the “ peelers ” for which they were exchanged, as I have\ irein related, ought to have been paid into the treasury to the credit of the sink- g fund, then every cent of that “ difference ” received by me shall be so paid into e treasury, with interest from the day it went into my pocket. I do not mean argue the question here, but would only ask: What amount of such “ differ- ice ” could the slate sue for? At the time these exchanges were made, the leculative schemes of the brokers had raised the premiuyn against the good faith id honest purpose of the commonwealth to three cents in the dollar of the face due of these bonds. They have now raised it to thirty. But as soon as ever, the ite resumes the payment of interest on her debt it will be reduced to zero. Is not manifest, therefore, that this arbitrary “ difference ” between “ consols ” and peelers ” is a stock-jobber’s speculation upon the good faith and honest purpose the commonwealth towards her creditors ? Would it not then, I submit, be ainst sound public morals for the commonwealth to receive, either directly or directly, any pecuniary profit by means of legislation which had engendered lit distrust of her own good faith and honest purpose towards her credi¬ ts, on which the stock-jobbers were thus speculating? But I do i t wish, by an obstinate contention upon this point, to weary the patience : those who are kindly disposed to give me a hearing in this presenta- |n of my case. I will only repeat, that whenever a jury shall decide that this difference ” belongs to the sinking fund, then every cent of it ever received by 1: shall be duly paid, with interest in full. Let it be remembered, however, in t s connection, that these exchanges of “ consols ” for “ peelers ” formed no part C the offence which has been imputed to me. Nothing has been made known lut them, or would be, except by the statement of all the facts which I myself f e voluntarily made. 24 There is another episode in the history of my connection with the sinking func which it is only just to myself to relate here. During the legislative session c 1872-73, I consulted with the two auditors (Taylor and Rogers) and the treasure (Mayo) in reference to a large amount of state bonds which had been receive on account of the sale of the state’s interest in several internal improvement corr panies. These bonds amounted to several millions of dollars, and were lyin about—some in one office and some in another—in a neglected and unsafe cond tion. I suggested that the legislature be asked to pass an act to have them counte' 1 and then cancelled and put away safely, to await a settlement between the state of Virginia and West Virginia touching the public debt. Auditor Rogers am treasurer Mayo both assented, but auditor Taylor at first objected to any cancella tion of the bonds. He said there would probably be a deficit in the treasur which would have to be met by a temporary loan, and he wanted these bonds t put up as “ collateral ” for the loan I answered his objection by telling him tha! if there should be a deficit, which in my opinion was improbable, (it turned ou that there was none; the taxes came in in time to meet all the payments, and lei a small surplus that year, I believe) that the state could borrow what money sh might need from the state depositories, for they had had the use of the publi monies and ought to accommodate her whenever she asked it; and that if sh did borrow money from them she would, of course, have to give her obligation fo! the amount borrowed which would be amply sufficient without “ collateralan* as to putting up these bonds as “ collateral,” it would be as if a man were *o giv his note for borrowed money and then offer his own bond of a previous date a security ; which would be absurd. Auditor Taylor then withdrew his objection and I prepared a bill to be offered in the legislature for the purpose indicated This bill I handed to auditor Taylor to lay before the finance committee of th house of delegates which met in his office. A few days afterwards he brought i back to me and said that a member of the committee had suggested that all th bonds belonging to commonwealth, including those purchased for the sinking fund, ought to be disposed of in the manner provided for in “ your bill ”—mean ins that I was the author of the bill. I replied that I thought so too, but that in nr opinion the commissioners of the sinking fund were already authorized by law t make such a disposition of the bonds belonging to the sinking fund, and I ha* supposed that they would do so, if they thought proper. However, I added] perhaps it might be well to “ make a lumping business of it ” in the bill and thu simplify the whole matter. I then went to second auditor Rogers and treasure Mayo ; told them what auditor Taylor had told me, and proposed that I should alte' my bill in accordance with the suggestion made. They both agreed, and I the drafted the bill anew accordingly. In its amended form I procured it to b copied by Mr. Henry, (the best pensman about the capitol), and gave it back t auditor Taylor to lay before the committee on finance That committee in a fe\ days afterwards reported it in the house of delegates for passage. It was printe* and placed on the calendar of the house. In a conversation with the distir guished gentleman who was then the chairman of the finance committee (Hor R. T. Daniel, now r dead) I explained the necessity for the passage of the bill am urged him to get the legislature to pass it. It was not, however, passed, bu stood on the unfinished calendar at the time of the adjournment of the legislative session. In the “ report of the committee for courts of justice relative to the responsi bility of the auditor, second auditor, and late treasurer for default or loss to th sinking fund ” [House Doc. No.—session of 1873-74], there is embodied th opinion of the attorney general responsive to enquiries propounded to him b said committee. At that time the same distinguished gentleman, whom I hav med as the chairman of the house finance committee, had been elected attorney neral, and it is his opinion to which reference is made. He mentions in the id opinion the bill, to which I have referred, providing for the cancellation of all 2se bonds and characterizes the said bill as—a measure which would have ide this loss impossible.” But he adds that “ it did not become a law.” It was rtainly by no fault of mine that the said bill “ did not become a law,” for I ;d every exertion to secure its passage, and was the author of the bill. If any- dy was to blame for its non-passage, it was the distinguished gentleman named, nself, to whom, as the chairman of the finance committee was allotted the honor pressing all such measures through the legislature. In the “ opinion ” which gave to the committee for courts of justice the singular mistake is made of ributing to auditor Taylor the authorship of the bill mentioned, and the fact is erred to as a reason for exculpating auditor Taylor from responsibility for the s of bonds. But auditor Taylor well knows that the real fact is as I have here- stated it; and that the measure was devised and proposed by me and not by i, and that this effort to render the loss of bonds impossible was my effort and : his. At the time the report of the committee for courts of justice embody- ; this “ opinion ” of the attorney general was published, I was a helpless'pris- ;r, and not permitted to even see the report in which the “ opinion ” appeared ch less to say anything in my own behalf in the premises. Under such cir- nstances I do not think that auditor Taylor ought to have (by his silence, and are to disavow it), appropriated the exculpation given to him by the attorney teral, when he well knew that the credit for this effort to protect the common- ilth from the loss of bonds belonged to me, and not to him. I beg to be allowed to submit right here, a few reflections upon the opera- j'S of the sinking fund during the period of my tenure of office as secretary, ch I may call the arithmetic of the situation. A joint committee of the legislature investigated the affairs of the sinking 1 in the month of February 1874, at the close of my connection with the same Secretary, and from this report, the facts are established as follows: From the date of the organization of the commissioners of the sinking fund er the provisions of the “funding bill,” the date namely August 2nd, 1871 up ie 5th of February 1874, the date namely of my removal from office as sec- Jry, there was paid out of the treasury on account of the sinking fund the sum i 93>7^8,56 money ; for which consolidated states bonds issued under the pro- (•ns.of the “funding bill” were purchased to the amount of $376,710,61 (face i e ) ; while the entire expenses of the commissioners of the sinking fund 1, unted to only four dollars and fifty cents. Of the state bonds so purchased there were in the hands of the said joint 1 mittee of investigation the amount of $360,770,72 (face value). It therefore i.'ared. that there was a deficit of bonds amounting to $15,939,89 (face value) || counted for. As to this deficit I have no knowledge myself, but the conjec- r I have formed will no doubt occur to you, Mr. Wise, as to any other intelli- reader of what I have written hereinbefore. hor the purpose of this arithmetical statement of the situation, let us concede 1 his amount ($360,770,72, (face value) of bonds is all that the sum expended (',,768,56) in money has produced, or will produce for the sinking fund. These jj 3 are a h consolidated bonds ; that is to say they are each the obligation of - ate of Virginia for two-thirds of the amount of principal and interest of 0 er bond issued by her heretofore in order to raise money to construct her fr internal improvement, the other one-third of said bond having been Red to her by compromise with her creditors through the “funding bill.” h i issued the state of Virginia received for each of these bonds not less than one hundred cents in the dollar of their face value, and sometimes a premiun ten per cent, and over; and the money she so received was gold and silver, or tl equivalents. In fine, the arithmetic of the situation may be stated as follows : During two years and six months ol my service as secretary to the sinking fund, the penses amounted only to four dollars and fifty cents, of which not one cent 1 ever paid to me ; for $193,768.56 of money disbursed there had been purcha and were then on hand consolidated bonds to the amount of $360,770.72, average price paid for said bonds being fifty-three cents and seven mills for e; dollar of their face value. So, notwithstanding the loose manner in which affairs of the sinking fund had been managed by the commissioners the resul the operations during my tenure of office as their secretary showed that someth like half a million of dollars of the debt of the state had been liquidated at a 1 per centum which the creditors of a private bankrupt would be very loti receive in discharge of their claims. And let it be remembered too that $193,768.56 used in buying up these bonds did not come from the pockets of heavily-taxed people but was realized from the unexpected collection of the s posed worthless claims of the commonwealth against insolvent debtors like Seld Withers & Co. As the negligence of the commissioners has been used to inj no one but me, it would seem but only fair now that the credit for this imme reduction of the debt of the state on terms so favorable to the people ought tc considered in my favor ! I have now brought the narrative of my connection with the sinking fi down to the period which I indicated in the outset as “a former occasion w you were the prosecutor and I the accused.” I now propose to speak of that casion and to lay the real facts before the public in a plain, unvarnished tale, adorned by the art of dialectics. I come now, therefore to open the second ch ter of my story and to relate how I was summarily tried, and falsely convictec a crime which I never committed. My story, as I have said, may sound more a romance of the middle ages than the wretched reality of the present; n - like a Westphalian tale of the Fehmgericht than a trial by jury in Virginia. Averring that by no act of mine has the commonwealth ever lost a si dollar belonging to her, I will show : Firstly: That I never committed the crime for which I have been made to su In proof of which I will demonstrate and prove that up to a certain notable lj and minute I never had any motive to do it, and that after that hour and min I never had either motive or opportunity. Secondly: That I was summarily arraigned, denied such adequate opportu to prepare my defence as under the peculiar circumstances was necessary, forced to trial thus unprepared, whilst ailing in body, enfeebled in mind, and brc in spirit. Thirdly: That the only question contested at my trial by my counsel not whether I was guilty of the fact charged in the indictment against me, whether the fact charged in the said indictment was an offence against the not whether I had made an erasure in the warrant book of the sinking fund intent to defraud the commonwealth, but whether the said warrant book w “ public record ” or not. Although there was evidence which could have t adduced at my trial to prove that I never committed the act charged in the, indictment, and it did not make any difference so far as I was, in fact, conce: whether the warrant book in question was a “ public record ” or not. Fourthly: That the verdict of the jury against me was based upon the chievous vagaries of a madman, whose insanity has been adjudged by a according to law. There has never been any evidence to connect me with ict charged in the indictment on which I was tried except the testimony of this isane witness, and I shall herein prove that his testimony was false. Fifthly : That even if I had been guilty of the crime charged in the indict- ient on which I was tried, the punishment which I was made to suffer was normously in excess of the maximum penalty fixed by law for the said offence. Sixthly: That the punishment imposed upon me was not only enormously i excess of that to which, if I had been guilty, I would have been liable under le law, but that in a material particular its injustice was aggravated by inflicting upon me in a manner at variance with even the order of the court itself which rndered the judgment and pronounced the verdict. To show that all these things are true, I now submit to the fair-minded public 11 the real facts. They are as follows: About 3 o’clock p. m. on Thursday, February th, Hon. Wm. F. Taylor, auditor of public accounts, came to me, at my desk 1 the capitol, (in that portion of the second auditor’s office used by the board f public works), and informed me that the governor “ and the board,” (he said), ished to see me in his office. I went immediately and found there assembled en. Jas. L, Kemper, then governor, Col. Jos. Mayo, jr., then treasurer, Gen. sa Rogers, second auditor, and Hon. Wm. F. Taylor, auditor of public accounts, he latter entering the room with me). Gov. Kemper informed me that he and e other gentlemen around him had been consulting together about a matter :ry deeply concerning my character; that it had been proposed to make an :amination of the affairs of my office without saying anything to me about it, it, on reflection, it had been considered due to me that I should be told about it; •d that they had therefore sent for me for that purpose. He then went on to ; v that “ rumors and reports ” had reached his ears to the effect that I was an Ubitue of faro-banks; that I was addicted to drunkenness; that it was said that | bad been seen in a gambling-house with a state bond in my possession ; that a 'rtain gambler “ of the name of Wortham or Worsham, or some such name ” 1 d been seen with a check drawn in my favor by Mr. Branch, a banker, and 1 it it was suspected that I had hypothecated state bonds with him to obtain an 1 ccommodation,” as there was a large number of state bonds in the sinking fid over which I had a partial control. In conclusion, the governor said, with a mendous air of authority, that he had determined that there should be at once horough INVESTIGATION. In the history of the “ Rise and Decline of the Roman Empire ” Gibbon ates that the reign of one of the most corrupt as well as tyrannical of the pman rulers was rendered ineffably odious by the employment of delators — pies and informers’’—who procured favor for themselves in the Caesar's con- c tension by sycophantic slanders against the subordinate officers of the gov- hment. With the disposition of Constantius, the governor, it seems, had bent prurient ear to the tale-bearer against me, and has since shielded him in his ophancy, by concealing his name, so that he could not be put upon the witness- s ad and cross-examined in my presence. , In reply, I told the governor, in effect, that these “ rumors and reports ” were false and altogether unjust; that it was true that I had occasionally visited hi-banks [as other officers and employees about the capitol did] but I hid never b n an habitue of such places; that I did sometimes drink, but had never been “ qualified for business by it during office hours ; but as to these things, I had sGe days before come to the resolution never to enter a gambling house again 0 :ake another drink of intoxicating liquors while I remained in the public service, it with the understanding that that resolution would be kept, I hoped the board wild continue me as their secretary; [I felt that I had been at fault in the matter of these “ gentlemanly dissipations ” and I believe 1 used the word ‘ clemenc) in asking that the board would condone that fault, on my promise of its nc repetition.] As to my having used any bonds improperly, I told the governor was utterly false ; and asked that he would send for Mr. Branch and let him t what were the transactions he had had with me ; but that I had no earthly c jection to anv scrutiny he (the governor) might make and he could go on w his investigation. Without noticing my suggestion about sending for Mr. Bran and taking his testimony Gov. Kemper imperiously ordered me to “ bring t books and papers” saying that he meant to have an immediate investigatic I thereupon went to the treasury safe and got out the bonds belonging to t sinking fund, (treasurer Mayo accompanying me and opening the safe for n and brought them. I also brought a little tin-box belonging to the sinking fur containing all the papers, memoranda and vouchers which 1 had kept. On pi ducing these the governor enquired for the minute-book of the commissioners the sinking fund, and, on being informed that none had been kept, he express his dissatisfaction with that fact to the three commissioners, Taylor, Rogers a Mayo, and they, or some of them, began to explain. Then at the suggestion one of them, I went to the second auditor’s office, and brought the “ warn book of the sinking fund,” which had been kept in that office. I also brou< the printed volumes containing all the annual reports of the operations of 1 sinking fund which had been made up to that date. These “ books and papers ” were all then taken in hand by the two auditc Taylor and Rogers, and treasurer Mayo, and they proceeded, under the direct of Gov. Kemper, to make the investigation. By this time I had' begun to foi an opinion touching the proceedings which the governor had instituted, and purposes therein, which subsequent events have fully confirmed. It had been t me a few weeks before by a friend that efforts were on foot for my removal fr office as secretary of the board of public works in order to put Mr De\\ ittbt into the office; and now I came to the belief that these proceedings of G Kemper were instituted with that object in view. Certainly, it cannot be den that if he wanted any information as to the affairs of my office; if, in fact, only desired to ascertain fads with no ulterior design to entangle me in order find a pretext or occasion for my removal from office—surely ordinary fain, would have required that he should first have demanded of me AN exhibit of affairs of my office, and if I failed to make a clear, proper, and satisfactory exhii that then would be time enough for him to take the books and papers out of hands and institute a rigid investigation. Suppose the governor should, to-d hear any “ rumors and reports” derogatory to the treasurer of the commonwes and should go to his office, demand his “ books and papers ” and institute a rij investigation into the affairs of that office without allowing the treasurer hum any opportunity to examine his office beforehand ; and suppose the investigatj should disclose a deficit in the number of bonds deposited there, the treasq himself being utterly ignorant of such clelicit, would it be fair or just to hold lj criminally responsible for that deficit, when in fact he was ignorant of it and 1| perhaps been robbed of the missing bonds ? Well, such was, virtually, the coil of governor Kemper in my case. But, as I had no suspicion that there was anything wrong in the affairs ofj sinking fund, I did not demur to the investigation, but allowed it to proceed! fully believed that the result would justify my proud confidence and that I shqi be fully vindicated, “ even my enemies being judges,” against the slander/ suspicions which it seemed had been engendered in Gov. Kemper’s mind by/ “ rumors and reports ” to which I now believe he had lent a willing ear. The two auditors, Taylor and Rogers, undertook to ascertain the amount Donds that ought to be on hand in the sinking fund, while the treasurer, Mayo, ,vas to count the bonds produced, so as to see if the two amounts agreed. For bis purpose the two auditors occupied a table in the western end of the auditor’s office, and the treasurer spread out the bonds on a sofa behind them. Gov. Kemper sat at a table n;ar the other end of the office and distant from the two luditors probably fifteen feet or more. I stood for the most part near the gov- ;rnor and in his rear. Once I ventured to suggest to the two auditors that their vork might be facilitated by consulting the annual reports of the sinking fund, vhich I had prepared and which showed the amount of bonds purchased and on land up to the close of the preceding fiscal year. But one of them (auditor logers, I believe) replied that they “preferred to go by the warrant-book,” and after hat I held my peace and went to the other end of the room near the window /here I stood looking out of the window; leaving them to conduct the investiga- ;on in their own way. At this point, Mr. Wise, I beg to call your attention to a circumstance of anfe importance. In certifying the case to the supreme court of appeals, the ite judge Guigon laid stress on the assertion, that while the two auditors were xamining the “ warrant book ” in order to ascertain the amount of the bonds lat ought to be on hand in the sinking fund, as I have just related, one of them ailed out the amount “ $8,100 ” which ought to have been $18,100 (the entry al- ged to be forged), and I did not correct him. You will see from my statement f the circumstances that I could not have known anything about whether he was i tiling it out incorrectly or not. 1 was distant some fifteen or twenty feet from e two auditors, they were speaking to each other in the subdued tones, which, ! en employed as they were, would naturally speak in, and it was impossible for • e to have heard and understood in order to correct them. Treasurer Mayo completed his count of the bonds on hand, some time before i e two auditors got through the work of computing the amount that ought to : : on hand. He made memoranda of the various lots of bonds as he counted 'em, and the aggregate as he made it, I distinctly remember, (for he showed me |e slip of paper containing it,) was not quite $379,000, though the said amount, p subsequently ascertained, is now stated at $360,772,72—over $18,000 less than masurer Mayo made it when he counted them. When he had finished counting '•Is bonds, and ascertained the amount, treasurer Mayo asked whether it would I necessary to examine each bond to see if the coupons on it were all right; and 1 was answered in the affirmative. And he then proceeded to examine each 1 nd accordingly, the two auditors meanwhile continuing their work as before. • I Shortly alter this Gov. Kemper got up to leave, saying that he had to go to net a member, or members, of his family at the railroad depot that evening, ft directed that the investigation should be continued to its conclusion without c lay; and it was so continued after his departure, by the two auditors and treas- 41 ir Mayo. Not long after Gov. Kemper had left, the two auditors completed t: work of computing the amount of bonds that ought to be on hand, but if tfy announced the amount, I did not hear it, or do not remember it. They t n went to work to assist treasurer Mayo in examining the bonds, to see if the cipons were all right. After some time had been thus spent, it began to grow hi in the evening, and auditor Taylor proposed to adjourn the investigation till t following evening. This was assented to by the other two gentlemen, and there- u in auditor Rogers took charge of the warrant book, and the statement, which h and auditor Taylor had compiled, together with all the other papers and mem- 0 nda, while auditor Taylor and treasurer Mayo took the bonds, I assisting them, a l all together proceeded to the treasury office and put everything pertaining t< he investigation, all together, in the treasury safe. Treasurer Mayo locked 30 the safe and the door of the treasurer’s private office in which the safe was, ai we all came out and left the capitol together. Near the Washington monume we separated, and I went to my boarding-house near by. I had a social engagement for that evening, and after tea, I changed my toil and went and filled it. My time was thus occupied until about half past t o’clock p. M., and then I returned to my desk at the capitol, and worked an hour more on a statement 1 had been requested to prepare for the use of the hou committee on roads and internal navigation, showing the amount and character the state’s interest in her various works ot internal improvement, at the close the war, what disposition had been made of the same, etc., etc. I left this stat ment nearly completed, and it was taken by my successor in office, Mr. DeWi and delivered to the committee named, and printed by order of the house of de! gates. One of the printed copies can, no doubt, be now obtained if desired. ( examination of it will show that it required a great deal of labor and time to pr pare it. I had to consult the statute-books in each case to ascertain the date the act of incorporation, then to consult the account-books of the board of pu lie works, as kept in the second auditor’s office, to ascertain the amount ot t payments made by the state to the capital stock, and to make many similar reft ences, tor the complete information which this tabulated statement contains, had been working on it every day, and three or four nights, prior to the date the investigation ordered by Gov. Kemper as above related. I worked at nig as well as day upon it, because Mr. Armstrong, of the committee, came to r and requested me to finish it as soon as possible because the committee v> needing it in the consideration of certain bills then before it. The watchm; Beach, was in the office near me all the time I was there that night, and no c else was present. All this time I had no apprehension that there u anything wrong about the affairs of the sinking fund and felt no uneasim on the subject. I did not even mention the matter to any person, except one a lady—and to her I only mentioned it as a matter which might afford my enem an occasion to attempt my removal from office as secretary of the board of put works. Next morning I was at my desk in the capitol as usual and resumed wc upon the statement I was preparing for the house committee on roads and inter navigation, and continued this work till the close of office hours. That afternc (Friday February 6th) the weather was very inclement, there being a heavy sn( storm. The investigation had been adjourned to that time, but Gov. Kern did not appear. Soon after 3 o’clock, however, the two auditors, Taylor a Rogers, and the treasurer, Mayo, and myself came together in the office of auditor of public accounts where the investigation had been commem the previous afternoon. It being evident that the dinner-hour would passed before the investigation could be concluded, and as we had all gc without our dinners the previous day, treasurer Mayo proposed to defer the wi until we could get our dinners. This was agreed to and treasurer Mayo invi me to go with him to Zetelle’s to dine, and i accepted the invitation. The ot gentlemen did not go with us, but I suppose they got their dinners elsewh' While treasurer Mayo and I were thus together we conversed most of the t as two friends would under such circumstances, pleasantly and sociably at things of no particular importance ; but treasurer Mayo more than once ende ored to turn the conversation upon the subject of the pending investigation. I avoided it, through a sense of delicacy. My idea was that as he was one of investigators, and 1 the accused, it was not proper for me to converse with hiir the subject while we were alone. I had not mentioned the subject to any since the investigation was ordered, (except to one lady as I have stated abt nd now whenever treasurer Mayo tried to introduce it I studiously avoided it, s far as I could. After we got through with dinner, treasurer Mayo and I together returned ) the capitol and there found the two auditors, Taylor and Rogers, awaiting us, ) resume the investigation. But for greater convenience it was agreed to continue re work in the treasury office instead of the office of the auditor of public ac- Dunts where it had been commenced. Gov. Kemper had not yet appeared and id not appear at all that evening. The two auditors, Taylor and Rogers, the •easurer, Mayo, and myself went into the treasury office and they took out from le treasury safe the bonds, the warrant-book and all the papers pertaining to the ivestigation which they had put in there the preceding evening. Again, as on le previous evening, I was not invited to and did not take any part in the investi- ation, except that I lighted the gas, when it began to- grow dark, and rendered ich other like services as politeness prompted. The computation of the amount of bonds that ought to be on hand had been Dmpleted by the two auditors the evening before, as I have stated, though up to lat time I had not seen the figures, and did not know the amount. The treas- rer, Mayo, had also, as I have stated, completed his counting of the bonds on and the evening before, the amount of the same being, according to his count, > I have stated, not quite $379,000. At the time of adjournment the evening efore, the work of examining the bonds to see if the coupons upon them were 1 right had been commenced, and it now remained, as I supposed, to complete lis part of this investigation next. But as each of the bonds had to be exam- ed separately, it was agreed that, as examined, they should be put up in pack- jes and sealed, the amount of bonds in each package being labelled on the >ver thereof. In doing this work, auditor Rogers was seated at a small table lar the middle of the room (the treasury front, or public, office), auditor Taylor ood at a desk in the north-east corner of the room, and treasurer Mayo some- nes stood at a desk against the fire-place and sometimes at another desk in the irth-west corner of the room. Auditor Rogers and treasurer Mayo examined e coupons on the bonds, counted the bonds, and put them together in conve- ent amounts, and passed them to auditor Taylor, who wrapped them up in jickages, sealed them, and wrote the amount on the cover of each. Nothing is requested of me and I took no part in any of their proceedings ; except, as 'have said I lit the gas for auditor Taylor, and sometimes, held the burner down S' his convenience in melting the wax for sealing packages. During the time that this work was being done, all present engaged in a sort [ general conversation on various topics of no particular importance, each one Intributing a remark or so from time to time. Feeling entire confidence that < erything was all right with the affairs of the sinking fund, and not dreaming fit the bonds were deficient to the extent of even a single dollar, I felt no uneas- i “ss as to the result of the investigation, and joined in the conversation with the (lers from time to time, with cheerful spirits. The work of putting up the bonds into packages, as I have described, was cnpleted about night fall. Each package being sealed, and the amount labelled c the cover thereof, a list of these amounts was made and added up. This 3 ^regate was then compared with the amount of bonds that ought to be on hand 3 the same had been computed by the two auditors the preceding evening. It vs found that there was, according to their computation, a deficit of bonds to t: amount of nearly $1,400 (face value). When this deficit was announced to r , I was as much astounded, as if I had been struck by a thunder-bolt from a c ir sky, and so expressed myself, in those very words, to the gentlemen pres- g . I was inexpressibly troubled about it, for such a result of the investigation, was as inexplicable to me as it was unexpected. In the torture of my distress, asked permission to re-open the packages, and recount their contents, hoping t find some mistake in the count of the bonds, which would set matters right c being corrected. The two auditors appeared to sympathize with me very deepl in my distress, though treasurer Mayo seemed stupified, as it were, and said notl ing. Auditor Rogers, proposed that further proceedings be postponed until th next day, and then all the packages re-opened, and the bonds recounted. H said to me in a comforting sort of manner (I remember his very words): “ Wei Coleman, we will sleep‘over the matter to-night, and may be, by to-morrow, w will find the missing bonds, put away somewhere, and overlooked, in the safe c somewhere.” “ In the meantime,” said he, “ we will keep everything a secret 1 our own breasts, say nothing to anybody, make no report to the governor ye awhile, and nothing will be said by anybody about it, and we will get the matte all straight.” ‘‘Ah! General,” said I, in reply, “ there will be no sleep for me, fc I shall pass a wretched night of misery and anxiety.” The packages of bonds were then all gathered up together and carried int the treasury private office and put back into the treasury safe, I assisting in doin it. Whilst I was standing in front of the safe beside treasurer Mayo, who wa arranging some of the packages of bonds in the safe, which I had just brougf to him, auditor Rogers came up, with the warrant book, into which he had pi all the papers and memoranda made during, and pertaining to, the investigatioi This book, with the papers and memoranda in it, auditor Rogers put on a she in the treasury safe, just as he had done when the investigation was adjourned th evening before. After thus putting the warrant book and the papers in it int the safe, auditor Rogers passed on to the door leading to the second auditor' office, near which auditor Taylor was then standing, and both of these gentleme lingered there, just outside the door, waiting for treasurer Mayo and myself t join them, treasurer Mayo being detained for several moments in arranging th packages ol bonds in the safe, so that the door would close properly. Just a treasurer Mayo had got these packages arranged, and was about to close thl door, the thought suddenly crossed my mind, like an electric flash, as it were that perhaps, the two auditors in computing the amount of bonds that ought t| be on hand had made some mistake in their calculations, the correction of whic would set matters right. Acting upon this thought, impulsively, I reached fort] my hand and took down the warrant book with all the papers in it, which audita Rogers had just put into the safe, and holding it up to treasurer Mayo, I told hiij I wanted to go over these calculations for myself that night. He assented, anl I took the warrant book with all the papers in it, and put it on top of the treasur er s desk in the same private office of the treasurer, outside of the safe, and le it there for the purpose of going over the calculations for myself that night, as I had told treasurer Mayo I wanted to do. Treasurer Mayo then turned down th gas in this private office of the treasurer, and he and 1 came out by the doc leading to the second auditor’s office and joined the two auditors who were war ing for us near that door. Treasurer Mayo locked the door out of which w passed, but left the other door to this private office unlocked and the gas burnin in the room, though turned down low, so that I could have access to the root and to the warrant book and papers that night in order to go over the calculator for myselt as I had told him I wanted to do. On joining the two auditors, w all came out ol the capitol together. It was by this time quite dark ; the weathi was very bad ; nothing further was said in relation to the investigation ; near th monument I parted from the other gentlemen, and went directly to my boardind house. Disturbed in mind beyond expression about the deficit which the investigc 33 an had so unexpectedly disclosed, and painfully anxious to discover how it >uld have occurred, and to set it right, I reached my room in a state of indescrib- )le distress and mental anguish. On reaching my room, I gave myself up to ie most intense reflection, mentally overhauling as many of the transactions of ^e sinking fund as I could, hoping, by possibility to recall some transaction in hich some error might have occurred, which would account for the deficit in the )nds. In the midst of these reflections there came back to my memory an oc- irrence which made my heart bound with delight. This was as follows: A lort time prior to my illness in February, 1873, (which I have mentioned herein dore,) I had handed to Mr. Poiteaux, the transfer clerk in the second auditor’s nee, a little over $1,200 (face value) in fractional certificates of various amounts Inch had been purchased for the sinking fund at sundry times, together with a emorandum of the several numbers and amounts of the same, requesting him consolidate them, and is^ue new bonds in lieu of them. Shortly afterwards r. Poiteaux had delivered to me two $100 “ peeler ” bonds on account of this lot of ictional certificates, leaving the transaction uncompleted, temporarily, because (I ink it was) the supply of $1,000 “ peeler ” bonds on hand was exhausted, and he d to wait for a new supply to be printed. After my recovery and return to the pitol, I reminded Mr. Poiteaux of this incomplete transaction, but he declared at he had afterwards made out the $1,000 “ peeler ” bond, and delivered it to and had my receipt for it. The receipt had doubtless been signed when I -eived the two $100 “ peeler ” bonds, with the understanding that the $1,000 e would be handed to me in a day or so. This, indeed, was rather a loose way oing business, but by no means unusual among the officers and clerks in the :>lt< ? ‘ Very soon afterwards, I was taken ill, and when I applied for the $1,000 ■eeler bond alter my recovery, Mr. Poiteaux claimed that he had delivered it me. In my own mind, I was fully satisfied that he was mistaken, but as he my receipt, I could do nothing but wait in the hope that circumstances would n up after a while to convince him of his error, and I had no doubt that he J correct it as soon as convinced of it. So I determined to wait the devel- nent ° circumstances. This matter had never been forgotten by me, but how | a ? t at it did not come back promptly to my memory as the explanation, at I Z 11 Skater part, of the deficit in the bonds, I cannot understand myself, ex- . y ie ei ence to the then condition of my mind—stunned by the shock and E mzed by the situation. Now, however, this transaction came back to my recollection with the inc nes s of sunlight. And now, I thought I could account for the deficit of 1 S (-’ * ea f * * or ” earl y ,°f and I believed that the remainder of the deficit, ,, u $400,) was due to a miscount of the bonds on hand. Accordingly, I settled ci "hTi • at ^ wou ^ next morning make a statement of this transaction, i, u r >\ oitea^ux to make a thorough search in the second auditor’s safe for I . ,00 ° peeler bond. With this mental relief, I came down stairs from my in my oarding-house, and went to supper with a mind comparatively at After supper I returned to my room, and remained probably half an hour or , 1 o ung and reading; then came down, and returned to the capitol partly for s'n^ 056 °- resum mg my work on the tabulated statement of the state’s inte- p, e various woiks of internal improvement, which, as heretofore explained, IW^g or t ie bouse committee on roads and internal navigation, and If [ le P ur P°S (e of examining the computation of the account of bonds §!. 4? 1 0 e orihand m the sinking fund, as the same had been made*by au- ■ii’f . J or an , P-Ogers ; to do which, as I have stated, I had, with the permis- asurer Mayo, that evening taken the warrant book, with the papers and 34 memoranda in it, out of the treasury safe, and placed the same on top of th treasurer’s desk. On entering the basement of the capitol, I found the watchmai Beach, on duty as usual, and requested him to light the gas at my desk. H did so, but it burned but dimly, because, as I supposed, of the fact that the ha of the house of delegates was brilliantly lighted, and the quantity of gas up ther burning, allowed but little for the burners below. Finding that the light I coul then get at my desk was insufficient to work by, I requested the watchman t put it out entirely. I mentioned that, in my opinion, it burned so dimly, becaus of the bright lights burning above-stairs ; and, telling him that I would return, t continue the work I was engaged upon, at a later hour, when the gas up-staii would be no longer needed, ai d I could get a better light t< work by, 1 left hin Leaving the watchman in the second auditor's office, 1 went up-stairs to tb hall of the house of delegates, where I found a committee of the legislature i session. I remained and listened to their proceedings for some time, until I b< came tired of it, and then walked out and waited in the rotunda for a while, hoj ing that the committee would soon rise. But they continued in session so Ion* and seemed likely to continue so much longer, that I got tired of waiting in tf rotunda, and concluded, although the weather was bad, to walk up to the Riel mond club-house, and spend an hour or so, as I was in the habit of doing near, every night. I remained at the club-house an hour or so in company with number of associates, whom I generally met there, and then returned to the cap tol. It was now approaching twelve o’clock. I went into the second auditor office with the watchman, Beach, whom I found on duty as before, and wl opened the western door of the basement, on my knocking at it, and let me i He lit the gas for me, near my desk, which, now that the lights up-stairs ffi been extinguished, burned brightly enough. There is a chimney-wall betwe< the second auditor’s office proper, and that portion of the same apartment us<> by the board of public works, in which my desk stood. Before going to world went around to the other side of this wall where the fire-place is situated, ar: sat by the fire with the watchman for some minutes, warming myself, because tl weather was cold. Then I went back to my desk, and took out the papers d which I w r as making out the tabulated statement of the state’s interest in the vj rious internal improvement companies, and after examining this work a while! found it so nearly finished that I could complete it in a few hours, I though There were, however, several items of subscriptions to some of the companiJ the amounts of which I had taken from an old report of the board of pubn works, and these needed to be verified by comparison with the original entries i the account books of the board of public works. These account books were i the second auditor’s office, lying under a table where they had been put to gt them out of the way of current business. I concluded to verify these items, aiil then put the work away till next day. I went around to the other side of t' chimney-wall, where the watchman, Beach, was, got the account books I needc brought them to my desk, and verified the items by comparison with the origii entries. This took me only fifteen or twenty minutes, and I then carried t account-books back, and put them where I got them from, came back to fi desk, and put away the papers on which I was making out the tabulated star ment mentioned, intending to finish the work next day During all this time my mind was comparatively at ease on the subject the affairs of the sinking fund, because I believed 1 had discovered the cause the small deficit of bonds, which the investigation had disclosed that (FrkH evening, and would be able to explain the same next morning. But I still adhed to the purpose of making an examination for myself of the computation made '• the two auditors of the amount of bonds that ought to be on hand ; to do whic,. is I have stated, I had, with treasurer Mayo’s permission, taken out of the treas- iry sate that evening, the warrant book and accompanying papers, and put them )n top of the treasurer’s desk in his office. Accordingly, after putting away the vork 1 had been doing on the tabulated statement of the state’s interest in the various internal improvement companies, I got up from my desk, and went on nto the treasury office by way of the door between that office and the treasury ittice. 1 am not entirely certain as to the position of the watchman, Beach, at Ins time, for, not considering it of any importance, I did not notice particularly, ,s to his whereabouts; but I am entirely certain that he was still in the second’ mentor s office, and must have been cognizant of my movements. I went on into the treasury front, or public, office, and from that, into the reasurer s private office, by way of the door connecting the two. This door as ou know, sir faces due east, the other leading towards the second auditor’s office ices due south. This door had been left unlocked, by treasurer Mayo, for me lat evening, and I opened it, and went in. The gas was burning, but turned own low ; I raised it, and having thus lighted the room, at once took down from n top of the treasurer’s desk the warrant book, together with the statement of 0 " ou & ht to be on hand as computed by auditors Taylor and Rogers id all the other papers and memoranda made by them during, and pertaining to le investigation ; all of which were lying loose in the covers of the said warrant lok. Seating myself at the treasurer’s desk, I proceeded to make the examin- I had no doubt that the entries in the warrant book were all correct up to ' e . do l e f” the fis u cal y ear ending September 30th, 1872, for I had examined them 0 to that date when I made out the first report of the operations of the com¬ missioners of the sinking fund ; and although there had been a number of er- ' neous entries, yet erasures had been made where these errors occurred,’and ' r ^ ec ^ 10ns mserted ; so that the warrant book might be regarded as “ correct ” not hat date for all practical purposes—at least, correct information could be < tamed from it by any one who could understand the entries with their altera- t ns and corrections. 1 t ;' St ! te T n i com P iled by the two auditors from this warrant ok that I rather hoped to find errors, supposing it probable that these gentlemen git have mistaken the amounts of some of the entries when taking them down S nc ‘5 Wlth the first entry in the book, I proceeded with my examination; efully comparing each entry in the warrant book, with the same as put down 1. pencil, on the statement compiled by auditors Taylor and Roo-ers On the opening page of the warrant book there had been an entry (made by Mornson the clerk who kept the book) of a transaction made by John C a hontv S of\irhT,a d r d f ’ m 6n CaS , hie 5 , °* the inters’ National Bank, under H • Y f ^ board of public works, (before I became secretary of that board) I s entry ought not to have been made in the warrant book of the sinking fund k I;!'., i OL !? l V 2 have been made upon the warrant book of the board of pub- oiks, which the statute required the second auditor to keep in his office but g?J a l not s ,°. ke P L Mr. Morrison had, however, entered it in the warrant irhe J hG fund but afterwards on comparing the account with that kept c' h v !| ry i? C !’ he found that hls account was muddled by reason of this tc mree d whh U rh p n r2 Wlth the uT U J Y account Then - to force his account ir fh k ^ the tre f sur Y account, he had run his pen through the entry, intend- ttWferffi 5 ' Ca n C n lt- n m ™ akin g m y examination now, I found this entry but r perfectly cancelled and likely to mislead. I therefore took a pen and rule/ and r ° Ug s . uffi 9 ient ‘y. as 1 thought, to cancel it effectuallv - j en Proceeded with my examination, making the same very carefully and 36 minutely. But up to the ist of October, 1873, I disopvered no error in tl warrant book except such as had been “ corrected,” and mone in the stateine: compiled by the two auditors. Beyond that date I continued my examinatic with the same carefulness and particularity, and presently I came to the entry the warrant book, of date November nth, 1873, which is the entry alleged to 1 forged in the indictment on which I was tried. This entry as I then read it, th Friday night, or rather Saturday morning, ior it was then after 1 o’clock, A. M.- which was the first time I ever saw it in my lifie —read as follows : “ 1873, November 7.—By warrant No. 7 . to Planters’ National Bank for purchase of $8,100 of Virginia consolidated bonds. J $8,190.25.” This entry was in the handwriting of Mr. Morrison. As I then read it, I sa instantly that it was manifestly an error. It could not possibly be true th; $8,190.25 had been paid for only $8,100 (face value) of bonds. My conjectui at the moment was that in entering the warrant on the book, Mr. Morrison ha gotten the amount of dollars and the amount of bonds confused in his mind, ar had written the amount of bonds $8,100 instead of $18,100 as it should have bee Then, impulsively, as it were, I took up a pen and inserted a figure 1 ” betwef the “ $ ” mark and the figure “ 8 ” making the entry correct—$18,100. On immediately comparing this entry with that corresponding to it in tl statement compiled by the two auditors I found the entry there also “ 8,100,” tin showing that neither auditor Taylor nor auditor Rogers had detected the erp when they were examining the warrant book and making out from it this stat 1 ment of the amount of bonds purchased. This statement as I have befol remarked had been taken down with a lead pencil. I now took my pencil ail with- it I entered upon this statement compiled by the two auditors in the ent “ 8,100 ” the figure “ 1 ” before the figures “ 8,100 ” making it read “ 18,10c and thus also making it correspond with the corrected entry in the warrant boi from which it had been taken down. The discovery of this error created great uneasiness in my mind anew, ai threw me into the most painful alarm. But I went on with my examination ai completed it. I found all the other entries correct in the warrant book and cc rectly taken down in the statement compiled by the two auditors. I now becar painfully excited and thoroughly alarmed. I had gone into the examinatH hoping to find some error to account for the small deficit which had appeared exist that Friday evening and behold ! the only error I could discover result right reversely by increasing this deficit to astounding proportions. For a few moments I could scarcely confide in my own actus mtellectua which adduced such a conclusion. Then I went back and made the examinati all over again very carefully, still hoping to find some error the correction which would resolve the difficulty. But no error could I find. But worse, a worse ! I now discovered with fresh astonishment, and increased alarm, an i: portant omission which the two auditors had made in computing the amount bonds that ought to be on hand. At the beginning of the investigation on Thai day afternoon, I had suggested that the amount of bonds that ought to be hand, up to the close of the fiscal year, ending September 30th, 1873, could nn readily be ascertained from the printed reports of the sinking fund. My suggt tion had, indeed, been slighted then in such a manner as to repel me ; but I h seen at that very time, lying on the table, open, before the two auditors, the t" volumes containing the reports I referred to, and I saw them looking over thf reports. In the report for the fiscal year, ending September 30th, 1872, it \\ expressly stated that $10,000 (face value) of bonds had been purchased by t; 37 oard of public works, and transferred to the sinking fund, and this amount ught, therefore, to be included in the computation of the amount of bonds that ught to be on hand. If you will now take that report, Mr. Wise, and examine it, you will find fis item there stated so expressly and prominently, that no man who can read Duld fail to see and understand it. Having seen the two auditors looking at lat report in making the investigation, I had supposed all along that they had icluded this $10,000 of bonds, purchased by the board of public works, and ansferred to the sinking fund in their computation of the amount of bonds that jght to be on hand. But on examination now, I was astounded to find that ley had not. This discovery again added to my painful excitement, and in- eased my alarm beyond expression. It was now apparent to my mind that lere was a deficit of bonds to the amount of over $20,000 ! I was completely unned by the shock of this discovery, and sat there for some time, I know not )w long, scarcely able even to think ; so inexpressibly painful was my anguish mind. My meditations—if, indeed, such bewildered mental efforts as my mind was en alone capable of making may be called meditations—involved me more and ore in a maze of the most distressing anxieties. As well as I could reflect at , I gave my thoughts to the painful consideration of the complicated circum- mces which seemed to be conspiring against me with the grim aspect of unto- itrd fate itself.. I can recall the disjointed train of these distracting reflections, :en now (for, indeed, I can never forget them). I now reflected that the course : Gov. Kemper, from the outset had manifested a hostile animus towards me ; : it the apparent pruriency with which he had listened to whispered “rumors and •’orts ” against me, and the eagerness with which he had hastened to arraign r as obnoxious to his “ suspicions’’—showed very plainly his purpose to entan- me if possible , whilst the political, and personal, influence he then wielded, : idered him a very formidable adversary. By taking a sort of “ snap-judg-’ i nt ” on me he had directed all eyes upon me, as alone, of all persons, to be ( Jspected, and alas ! I could but remember with the keenest regret that the entlemanly dissipations ’’ in which I had foolishly ^indulged, would be used to 1 fullest extent, and also exaggerated, to give color to the “ suspicions,” which ihad thrown around me. The deficiency of bonds which I had discovered, 1 i not indeed been discovered, as yet, by any one but myself, and it might be’ lit it would not be discovered by any one else without my assistance; at least not riny short.time. And the question was, what should I do about it? Under 11. other cncumstances, there would, of course, have been no difficulty about Riding. I should at once have disclosed the fact. But now, I reflected, if I li so, it would be necessary also to account for it. It would not do for me n ely to disclose the fact, and declare my inability to account for it. The pecu- u c j rc ] urnstances in which Gov. Kemper’s “suspicions” had placed me, required ii I should show who was responsible for this deficit of the bonds, in order to ■> rlpate myself. I could but consider also that Gov. Kemper’s acrimonious >1 aught upon.me, backed, as it would be, by the personal and political infiu- |P of his eminence as the governor of the commonwealth, would arouse such 1 rrent of public sentiment against me as would be irresistible by any citizen of n humble station., Thus while I would be singled out for attack, as the only >e °n “suspected,” the thousand tongues o'f public rumor would magnify the fc irnor s aspersive “ suspicions ” into a throng of monsters, whose very propoi ic: would make them truly formidable in the attack upon me; each one of ^hwocfld be capable of piercing my moral sensibilities a thousand times more la iully than if it physically drew drops of my heart’s blood. I had not, indeed, 38 the slightest apprehensions, whatever, as to any criminal proceedings against r for I knew I had committed no crime, and I did not dream then that in the courts Virginia I could ever be convicted of a crime which I had never commits But in the high court of public opinion, and especially among the hightoned' sociations to which I was accustomed, I knew that the old Scotch verdict of “i proven,” would not suffice for my vindication. There , I knew, that if I coi not prove a negative—that I had not taken these bonds—it would be all o with me. From such torturing reflections, I could reach no satisfactory conclusion, therefore determined to wait until my mind became more composed, and I 1 calmly and fully considered the subject in all its aspects before undertaking to anything in the premises. Accordingly, I concluded to wait until next morni (or rather, until later that morning, for it was now after two o’clock A. M.), bef making up my mind what to do. With this idea in my mind I reasoned that, whatever I might conclude to after mature deliberation, it would be best for the present, at least, to leave 1 warrant book and all the papers and memoranda exactly as I had found th when I came there to make the examination which, alas ! had resulted so c tressingly to me. Accordingly, thereupon I took my penknife and scratched out numeral “i” which I had inserted, as I have related, between the and the nui: ral “8” in the entry in the warrant book. Then I took an india-rubber erasure, lyi there on the treasurer’s desk, and rubbed out the numeral “i” which, as I have a related, I had written in pencil-mark before the numeral “8” in the correspond entry in the statement compiled by auditors Taylor and Rogers on a sheet foolscap paper. Having done this I put this statement and all the other pap and memoranda back into the warrant book just as I found them, and tl replaced the warrant book, with the papers and memoranda in it, on top of treasurer’s desk whence I had taken it when I came into the room to nu the examination. Then I got up and turned down the gas in the room ( treasurer’s private office) and passed out of that room into the front, or pub office of the treasury by the door connecting the two, as I had entered, leav the door unlocked just as I found it; and then I passed on out of the cap through that portion of the second auditor’s office used by the board of pul works. As I passed out I spoke to Mr. Beach, the watchman, who was aroi on the other side of the room near the fire-place, and bade him good-night < requested him to put out the light which was still burning near my desk. I tj went directly to my own room at my boarding-house, about a square from ! capitol, at the corner of Tenth and Capitol streets. As soon as I reached my room I went to bed. but not to sleep. With mind harassed and tortured as it was, I found it impossible to obtain sleep, thoi knowing it to be essential to the calming of my mental excitement. For ho it seemed ages to me, I lay there awake, casting over and over in my mind excruciating reflections to which my discovery of the deficit of bonds had gi birth. Towards sunrise, 1 think it must have been, from mere physical exh; tion I fell into ^ sort of troubled slumber from which I was not aroused till 1 after my usual hour of rising. About io o’clock that (Saturday) morning I left my room and went direct! the capitol. Such was my mental distress, or rather distraction, that I was conscious of any physical appetite, and went to the capitol without any break I had been unable to reach any conclusion as to what it was best for me to but had mentally agreed to go and consult some of my friends and be guidec their advice. But, as I am now about to relate, this purpose was suddenly set at nat d a new direction given to my thoughts and actions by a mere matter oj cir- mstance. On reaching the capitol I entered the second auditor’s office as usual d passed directly to my desk. Just as I did so, auditor Rogers came to me th an appearance of great gratulation, and told me that “ everything is all ;ht.’ He then went on to inform me how he had caused a careful search to be ide of the safe in his office, and that the result was the finding of a package of nds belonging to the sinking fund, which made it “ all right.” This package, said, contained a $1,000 “peeler” bond and a small fractional certificate, jether with a memorandum in my handwriting, showing that a little over $1,200 fractional certificates had been handed to Mr. Poiteaux, the transfer clerk, with ections to consolidate the same and issue in lieu thereof one $1,000 bond and : remainder in $100 bonds, and a new fractional certificate for the fraction less in one hundred dollars. This package, it appeared, had been in the safe about a ir. It appeared on examination that the $1,000 bond had not been signed by the ond auditor but only by the treasurer, which showed that the transaction which :urred just before I was taken sick in February 1873, the recollection of which 1 afforded me such relief in the earlier stage of my distress, had been left un- npleted and was exactly as I have herein related it. Auditor Rogers congratulated me very warmly upon this discovery which he light would account for the deficiency which appeared to exist at the adjourn- nt the previous evening ; or so nearly so that it showed that “ everything is right,” as he expressed it. As he was thus in the act of “ congratulating ” me, l before I had time to make any response, auditor Taylor came up and also mgratulated ” me, he having been apprised, I suppose, of the discovery of the : sing package previously to my appearance that morning. Whilst this was Pa 011 an d still before I had time to take any part in the conversation, treasurer ■y° a ^ so came in, from the direction of the treasury office, and handed me a ikage wrapped up in yellow paper and marked “ sinking fund ” in his hand- ' ing, and directly underneath this “ $4,400 ” in figures. He said it contained :ie bonds that he had “ found ” in the treasury safe. When he thus announc- : he “ finding ” of this package auditor Taylor remarked that this amount will |'er-run the account; ” I said nothing, but treasurer Mayo replied that the &2ss was in consequence of some exchanges of “ consols ” for “ peelers ” which £ been made and the “ difference ” put into the sinking fund. It was at this juncture that I fell into the most stupendous error. I have ii e bitterly, but unavailingly, lamented it. Instead of making known, then and I e, the discoveries I had made about the deficit of bonds in the sinking fund, 5 certainly should have done, I said nothing, but held my peace, and permit- Kthe two auditors to go on in error. As to treasurer Mayo, I was mystified, a puzzled by his conduct, which to me was inexplicable then. I do not at- fj * to justify my conduct on that occasion, and the only excuse to be offered r: is the feverish and distracted mental, and physical, condition in which I then 6 As I have stated, my mind had been in the most intolerable torment for E y hours ; I had passed a restless night, had taken no refreshment of any kind I .stain my physical energies, and had come to the capitol in the greatest anx- t; and distress every way. And when auditor Rogers greeted me with the eome,assurance that “ everything is all right,” it seemed to promise such relief a my utter wretchedness, that I had notffhe moral courage to cast it aside, fc :over, at that moment, the thought occurred to me, that as Gov. Kemper, ic lot asked me for an exhibit of the affairs of the sinking fund, but had taken e thing out of my hands, and ordered an investigation, and as the only sug- :s m I had ventured to make in the earlier stages of that investigation had been p ed by the two auditors, it was not for me now to interfere for their enlight- 40 enment. And thus I fell upon the idea that I would let these gentlemen go < and report the result of their “ investigation,” as I presumed they would d stating the condition of the sinking fund in accordance with their erroneous u derstanding of the facts ; and after they had thus erroneously reported, I wou myself take measures to discover what had become of the missing $ 20,000 bonds, and make a proper report in relation to the affairs of the sinking fund, the form of an exhibit , specifying the errors into which the two auditors had fi len in their “ investigation,” and stating my own discovery of the $20,000 defic and my further discovery of the cause of it. So rapid was the action—or rath the vaporings—of my excited fancy, but enfeebled judgment. In addition to this, I must also frankly admit that the thought was unutter bly terrible to me, that if I should announce this large deficit of bonds under ti then existing circumstances—I alone being “ suspected ”—it would precipita upon me an avalanche of complications to which Gov. Kemper’s attack upon n had given momentum. And thus it was I fell into the stupendous error of n standing up boldly at that critical juncture with a manly statement of the re facts as I had discovered them. “ The fault was mine ; nor do I seek to screen, My errors with defensive paradox.” After some further “ congratulatory ” remarks from the auditors, to whic if I made any response I do not remember it, for my mind was bewildered ai excited, I took the package of bonds found in auditor Rogers’ safe, and that pr duced by treasurer Mayo, and went with him to the treasury safe into which I p them along with the other sinking fund bonds there. Not a word was said by tres urer Mayo, or myself, except an enquiry from me, and an affirmative respon from him, as to whether I should thus put these bonds away. And nothing w said to me, further, during the day by any person about the matter, or abo anything pertaining to the investigation. I presumed that the two auditors ai the treasurer would now report to Gov. Kemper the result of their “ investig tion ” as being satisfactory, and my own purpose was as speedily as possible take measures to unravel the web of circumstances by which I was beset, ai report the true state of affairs in such manner as would enable me to protect mysc [It afterwards appeared in evidence at my trial that that same (Saturda morning, the warrant book of the sinking fund was found on top of the treasure desk in his private office; although auditor Rogers testified that he believed 1 had put it into the treasurer’s safe, the previous evening and did not know how got out again. But in the light of my statement it will now be understood, further appeared in evidence at my trial that that same (Saturday) mornii auditor Rogers instructed one of his clerks (Mr. DeWitt,) to make a copy of t said warrant book, (though for what purpose was not stated), and the said warra book was probably in the hands of this clerk and being copied at the mome when auditor Rogers was extending his “ congratulations ” to me]. After going with treasurer Mayo to fine treasurer’s safe and putting away t two packages of bonds, I left the capitol at once to get some breakfast; and th returned to work at my desk. The action of my mind during the remainder that forenoon, and the afternoon, w r as but a repetition of the ideas which had fi: occurred to me. Considering that it was now necessary to go on with my official duties as I had no idea of being removed from office, I determined that as soon as t “ investigation ” was over, I w r ould get all the bonds knowm as “ bearer bonds belonging to the sinking fund, converted into registered bonds as soon as possibi for their safe keeping. My purpose was to have all the bonds belonging to t: sinking fund, including the “ fractional pieces,” converted into registered bom 41 * stand in the name of the commissioners of the sinking fund. Now, in making ich conversions it was necessary to have the “ fractional pieces ” to be so con- :rted, in whole hundred dollar amounts, or multiples thereof; and on several oc- isions previously I had purchased small “ fractional pieces ” to add to those on md to make even hundreds when having such conversions made. According 1 the result of the “ investigation ” when it was adjourned on Friday evening ere was a “ fractional amount ” on hand of the bonds belonging to the sinking nd of about $40. As a preliminary to the conversions into registered bonds hich I purposed to have made, I wanted to procure for the sinking fund an nount of “ fractional certificates ” to put with this $40, sufficient to make an even :oo, say $60. I therefore went to several of the brokers from whom I had before irchased bonds for the sinking fund, and enquired for a “ fractional certificate ” $60, informing them at the time of the purpose for which I wanted that particular nount. It happened that Mr. Cohen had nearly the amount, that is, he had “ a ece ” as it was called, somewhat less than $60, and I agreed to purchase that, it upon condition that I could procure from some other broker another “ piece ” “ pieces ” to put with it and make up the $60. He was to keep it until the lowing Monday, and in the meantime I was to see if I could get a “ piece ” to it with it for the purpose indicated. I did not, however, call for it on the fol¬ ding Monday morning, as will be seen in the sequel. From Mr. Cohen’s I went the banking house of Messrs. Isaacs, Taylor & Williams, and upon making i; same enquiry and stating my purpose as I did to Mr. Cohen, I found that I aid procure a “ fractional certificate ” the amount of which added to that at ;. Cohen’s would exceed the amount ($ 66 ) which I wanted by a few dollars, linking that, if I could do no better, I could make this answer my purpose, I vreed to purchase it for the sinking fund, but upon the same conditions that I p made with Mr. Cohen. I received this “ piece ” from Messrs. Isaacs, Taylor I Williams, and put it in my pocket, with the understanding that if I did not ' urn it on or before Monday, they would send up to the capitol and get a warrant ‘ the amount of the purchase money. But afterwards on going to the office of bssrs. R. H. Maury & Co., I found and purchased a “ piece ” for exactly $60 ' tli perhaps a few cents over), and as this would suit my purpose precisely, I :< k it to the capitol and put it into the little tin-box in which I kept the papers Jthe sinking fund; the understanding with Messrs. Maury & Co. being that they ^ aid, on Monday, send a clerk to the capitol and get a warrant for the amount 3 the purchase money ; I intending, of course, to inform the commissioners of ;1 sinking fund of the purchase and to get their approval of the same. This ‘ actional certificate ” was in the said little tin-box at the time of my arrest, but [ ive no further knowledge about it except as I have learned from the published X orts about the sinking fund, which show that Messrs. R. H. Maury & Co. did get Warrant for the amount of the purchase money after my arrest. The fractional certificate which I obtained from Messrs. Isaacs, Taylor & A liams, I kept in my pocket to return to them the following Monday, in ac- X lance with my agreement with them. It remained in my pocket until several k 3 after my arrest; though in the multiplicity of miseries by which I was then >e:t, I forgot it for the time. But after I had been in jail several days, I remem- ie d the matter, and sent for my coat, which was at my boarding-house, in II :h I found the fractional certificate safe and undisturbed. I then sent a mes- a :■ to Mr. W. B. Isaacs, by Dr. Dove, the physician at the jail, requesting him 3 ill and see me on business. He came, and I delivered the fractional certifi- a to him, to be delivered to the firm of Isaacs, Taylor and Williams, of which e ’as the senior member. Although this circumstantial relation of this transaction may not have been H"" 42 necessary, I have made it for two reasons—First, because corroborative of i statement as to my intention, after the occurrence between auditors Taylor a Rogers, and treasurer Mayo and myself that Saturday morning, to get the affa of the sinking fund into proper condition at once, with a view of ascertaining 1 real amount of the deficit ol bonds, discovering the cause of such deficit, a reporting all the facts in the form of an exhibit; and, Second, because, as my sta ment of these facts can be verified on taking the testimony of Messrs. Coh Maury and Isaacs, the other parties to the transaction related, it will show tl my recollection is very clear and distinct, even as to immaterial particulars. During the remainder of that Saturday morning, until about 2 o’clock P. I was at work at my desk completing the statement I have mentioned, whic" was preparing for the house committee on roads and internal navigation, show: the disposition made of the state’s interest in the various internal improveim companies. About 2 o’clock p. m., Gov. Kemper, as president of the board of pul works, called a meeting of that board, which was held in the private office of 1 treasury, and some questions concerning certain turnpike interests were cons ered, and disposed of. While the board was in session, auditor Rogers came and by invitation of Gov. Kemper, remained during the session of the boa The board adjourned about 3 o’clock, and after their adjournment, those prese namely, Gov. Kemper, auditors Taylor and Rogers, treasurer Mayo and mys remained together in the room, engaged in general conversation, on various t< ics ; but no allusion was made by any one to the affairs of the sinking fund. A a little time passed pleasantly in this way, I gathered up the minute-book of board of public works, together with certain papers which had been laid bef the board that day, and took them all to my desk, and locked them up. T I returned to the treasury private office, where Gov. Kemper, and the other g tlemen named still remained, and enquired (in these very words): Gentlemen you want me any more this evening ? Gov. Kemper was at the moment sitt on a sofa immediately under the window, and waving his hand in characteri style answered in the negative. I looked around to all the other gentlemer an inquiring way, and they all assented to Gov. Kemper’s answer that t would not want me any more that evening. Then I told the party good-even and left, going directly to my boarding-house to dinner. After dinner, I wen my room, and spent some time there reading ; then came down to the parlol the boarding-house, and remained there until supper-time with several ladies Shortly after supper I started out from my boarding house to go to a bai shop on Broad street to shave for Sunday, as was my custom ; but as I was pi ing up Broad street, between Ninth and Eighth, I encountered treasurer M coming out of a store about midway the square. I accosted him familiarly the friendly salutations which were customary between us passed as usual. I t asked him jocularly what he was doing out on the streets after dark. He rep in a mumbling sort of way that he had been making some family purchases, then joined me and we walked together up Broad street twenty or thirty p without any word spoken further between us. He then turned to me abru and asked : Look here, what made you leave us this evening ? I supposed he referred to my leaving him and Gov. Kemper, and the two auditors toge in the treasury office, after the meeting of the board of public works, and I rej that I had asked Gov. Kemper if I would be wanted any more that evening, he said no, and nobody else had invited me to stay. But why do you ask, added, and what did you all do ? I noticed then that he seemed to be pain disturbed, and I thought he had been drinking more than usual. He appe to be in the incipient stage of maudlin drunkenness. In reply to my questiol 43 immenced speaking at first very slowly, mumbling his words, indistinctly. 1 ithered from what he said as we walked along that after I had left the treasury fice Gov. Kemper had also left, but that he and auditors Taylor and Rogers mained and concluded to finish up the work of the “ investigation” that eveniW ; iat they had gotten the work nearly done in a satisfactory manner, when auditor ogers^I well remember the expression treasurer Mayo used)—“ a damned old ■anny took the warrant book in hand and went over the entries in it, com- enting as he went along upon the low prices that had been paid for the bonds irehased for the sinking fund, “ as if” (added treasurer Mayo with a bitter sneer) he was entitled to any credit for buying the bonds at these low prices ; ” that ter examining the warrant book in this manner for some time, auditor Rogers me to an entry in which it appeared that the amount of money paid was greater an the amount (the face value) of the bonds purchased, and after studying over is entry a little while, he had called auditor Taylor’s attention to it, saying that ; thought it must be a mistake; that auditor Taylor had then taken the war- nt-book, and very closely scrutinized the entry in question, then holding up e page between his eyes and the light, he declared that the entry had been .ered by scratching; out a figure with a knife, and had then pointed out the * ace on the surface of the paper, where an erasure had been made; that after rther examination,, they found that this discovery would make a difference of me $ 10,000 more in the amount of bonds purchased, making the amount of mds on hand fall short, and thus putting matters “ in a hell of a muss,” (Col avo s words). This is a concise and accurate recital of treasurer Mayo’s communication to ", ma de in great part in his own words, though not altogether so, for he was stered in his manner, and faltering in his speech, and I had to gather his mean- ? as well as I could. But auditors Taylor and Rogers were (besides treasurer a y°>) the onl y persons present, I believe, in the treasury office at the time of . occurrences related to me by treasurer Mayo, and they know whether the lent points are here correctly stated. While treasurer Mayo was telling me all this, we walked along, and I was mt. As the Gets he related took possession of my mind, I saw that there was w no probability that I could carry out my plans to unravel the mystery of ; missing $20,000 of bonds, and to. disclose the facts in the form of an exhibit t e affairs of the sinking fund. Bitterly did I regret then that I had not dis- sed my discoveries that morning when I came to the capitol, and was greeted auditor Rogers with the assurance that “ everything is all right.” But I deter- red at any rate, that I would not repeat that error now; and by the time treas- ■r Mayo had concluded his communication to me I had formed the resolution face affairs by disclosing all the facts in my possession, and fight out my own dication fearlessly, as I should have done from the first By the time treasurer Mayo had finished making this communication to me, nnm i corner 1 of Seventh and Broad streets, and we both paused and od beside the theatre lamp-post. I then answered him as I would have an- :red it the whole world had heen listening; for my resolution was, as 1 have F t0 h S ht my difficulties out on the line of full disclosures. Fortified in my 1 1 c ° nscience , by the consciousness that I had committed no crime, I felt that . defence was in the disclosure of all the facts. I then told him, first, as to the try in the warrant book which auditor Taylor discovered had been scratched, jjj.tu e ^ P I ai ? 1 rem l nded him how the evening before (Friday evening) .the deficit of $1,400 (face value) of bonds had been discovered, and when itor Rogers was putting the warrant book into the treasury safe, I had expres- my desire to. make an examination of the said warrant-book, and of the state- -14 ment of bonds purchased, which auditors Taylor and Rogers had compiled frc it ; and how, with his consent, I had taken the said warrant book with all t papers in it, and put it on top of the desk in the treasury office ; I reminded hi that he had left one of the doors of the treasury private office unlocked to gi me an opportunity to make the desired examination ; I told him of my going the capitol that night to make the examination; I then went on to tell him ho; while making this examination, I had discovered that erroneous entry in the w< rant book, and how upon comparison with the statement compiled by auditors Ta lor and Rogers, I discovered that it was erroneously entered there too ; I told h how I had first corrected the error in both the warrant book and the stateme compiled by auditors Taylor and Rogers, by inserting the figure “ i ” in eac I told him that after completing this examination, and finding a deficit of abc $10,000 of bonds, the cause of which I could not imagine, I had made a re-t' animation, but the only result was the discovery that auditors Taylor and Rogt in computing their statement of “ bonds purchased ” had not included the $! ooo of bonds purchased by the board of public works, and transferred to t sinking fund ; whereby I found that the real deficit was above $20,000 of bonds Then briefly I referred to the great mental agony I had endured in con; quence of these discoveries and my inability to ascertain the cause of the defu 1 told him that in my distress I could not make up my mind at that early hour the morning what to do, but that I had thought it best, at least for the present, leave the warrant book and the statement compiled from it by auditors Taylor a Rogers just as I found them, and to take time to think over my situation a decide upon my course, which was embarrassed mainly by reason of t “ suspicions ” against me which had been excited by the “ rumors and report on which Gov. Kemper, with a precipitation which indicated a desire to entanj me, had ordered an investigation of the affairs of the sinking fund. I told hi in conclusion, that with this idea in my mind, I had taken my knife and scratch out the figure “ 1 ” which I had inserted in the entry in the warrant book ; th making the scratched place on the page as, I supposed, auditor Taylor had d covered it. And I also told him in the same breath that I had then taken an ind rubber eraser and erased the figure “ 1 ” in pencil-mark on the state 77 iC 7 it compi by a uditors Taylor and Rogers, which I had put there. [As you, Mr. Wise, are aware, from your acquaintance with the circumstan< of my trial, this conversation I held with treasurer Mayo, turned out to be 1 most important conversation I ever held in my life. The misuse made of it treasurer Mayo was exceedingly fatal to me, and resulted, indeed, as you know bringing about my conviction—conviction of a crime which I never committ But while talking with treasurer Mayo I never had the remotest idea that 1 words could be tortured into a “ confession ” of a felonious act. I was whe unconscious of having committed any crime and did not dream that either ingenuity or disposition, or his wildest imagination could misinterpret my 1; guage into a “ confession ” of criminality]. After thus detailing to treasurer Mayo all these facts, I added that I blan myself very bitterly tor having accepted auditor Rogers’s assurance that morn that “ everything is all right” ; that I ought then to have disclosed the facts I had discovered them. He made no immediate response to what I had toldh and, after a pause, I asked him what would he advise me to do now ? In respo he made no reference to anv of the facts I had told him, and to my mind, a, well remembered afterwards, his flustered manner and faltering speech at 1 point were unaccountable. Presently he muttered : “ By God, you ought to h. staid there this evening.” I replied that I was at my boarding-house (abou square’s distance from the capitol) and if I had known I was wanted I would h 1 45 ppeared at once. He said, then, that after auditors Taylor and Rogers had dis¬ covered the .error in the warrant book, he left them to go to look for me, but could ot find me in the capitol. I replied that he knew where my boarding-house was ad he ought to have gone or sent for me there. In the meantime, the tide of wretchedness which had overwhelmed me the revious evening again rushed upon me, and I could scarcely even think, for the expressible anguish of spirit with which I contemplated the disasters which iiemed crowding upon me. In the midst of these agonized feelings, I said to •easurer Mayo that I supposed Gov. Kemper would now have an excuse for moving me from office ; and as I thought of the stigma which would rest upon e in consequence of removal under such circumstances, I told him I was a lined man, and asked him what he would advise me to do ? In response to this he said with considerable warmth of manner that he wished ); had a million of dollars, and that if he had he would mighty soon set all these ratters straight; but that he had no money himself and that all the clerks in his Gee were “so damned poor” (his very words) that they could not help him. ] the bonds were replaced he said he could arrange everything without any buble ; and then he proposed to me that I should go to my friends, and raise the nney and replace the bonds. I remained silent up to this point, but when he evanced this suggestion, I instantly replied (and as you, Mr. Wise, will remem- |r, treasurer Mayo himself testified to this fact when giving his “ evidence ” at tv trial) I instantly replied that I had not taken the bonds, and I should certainly it ask my friends to replace them now. As already remarked, during this conversation we had arrived at the corner D Seventh and Broad streets, and the latter part of the conversation was held aler a lamp-post near the theatre corner. After my last remark, as I have just 'uted it, treasurer Mayo made a motion as if he would go down Seventh street x'ards Leigh (the direction of his residence) but I proposed to him to go into *nly’s liquor saloon near by and take a “ night cap ” before going home. He 'narked that he thought he had had enough to drink already, but turned and vit with me into Manly’s. There we encountered several mutual acquaintances V i whom we exchanged the ordinary salutations, and treasurer Mayo and I each Ink a drink of whiskey. Coming out of Manly’s we started up Broad street, » turned down Seventh towards Grace, and when we got to the alley just in rear >1 he theatre, vve both stopped there for a few minutes. At this time 1 was suf- £ lg the most intense agony of mind, and was silent. Treasurer Mayo in a tone r manner peculiar to him after taking a fresh drink went on talking about the C'se of Gov. Kemper in ordering the investigation in the way he had, saying tnng other things that he was not one of the commissioners of the sinking fund n had no business to interfere in their affairs, and so on. About this time, as I Treat mental distress was pondering the matter in my mind, it occurred to me i the complications about the deficit of bonds and the “ suspicions ” against me 3 hich the “ rumors and reports ” stated by Gov. Kemper might give color, might e ,aps involve me in some legal difficulty, though the idea of a prosecution'for forgery” was as far from my mind as earth is from Alcyone. So, I said to x surer Mayo that, as he was a lawyer, I supposed I could depend upon him to e|ad me if any trouble came upon me in consequence of these complications. Rvarmly responded that he would defend rhe in case of any trouble and we hi k hands upon it. By this time we had returned to the corner of the theatre on Broad street, nf he now proposed that we should go back into Manly’s saloon and get another n:; which we did, then came out, and without anything being said as to the ir tion either was going, we went walking together up Broad street. We both 46 continued silent for some time, as we walked along. Presently, out of the agony my thoughts, I turned to him and asked—“Colonel, do you believe there is a hell ? ” He answered, “ No, I don’t. All the hell there is, is here, in this work I said “ Then, I am suffering it now.” [This remark as you know, Mr. Wise, was mentioned by treasurer Mayo his “ testimony ” at my trial; but he reported it in a distorted form so as to lea an unfavorable impression against me. When I made the remark I had no ic of implying a doubt of the existence of hell, but used it to indicate, by comps son, the intensity of distress in which my mind was involved]. Soon after this, without further remark, we arrived at the corner of Fou and Broad streets, and he made again as if he would turn off towards Leigh stre but we stopped at the street corner, and, as we stood there, he addressed me fa illiarly by mv Christian name, and asked me what I intended to do ? I cold h I did not know what to do, but would consult some of my other friends, t then again urged me to go to my friends and raise the money, and replace ' amount of bonds which were missing. He named several of my friends who h money, and he said he knew they would let me have it. He urged it upon that if I could get the bonds replaced, he would arrange the whole mattei that there should be no further trouble. And again I told him that I would no such thing; that I certainly had not taken the bonds, and I was not going do anything which would look like admitting that I had. After this, he said nothing more, for about a minute, then started to le; me, but turned and asked me where I was going ? I said, I thought of go over to the club-house, and invited him to go too. He assented, and we ] ceeded on up Broad street to Third, then turned down Third to go to the cl house, (which is at the corner of Third and Franklin) both remaining silent we walked along. J ust as we reached Grace street, as we passed along Thin told him that there was one thing on my mind which made the difficulties wh beset me more distressing than everything else combined ; but that I would c tell him what it was as a masonic secret. He promised to receive it so, ai: then told him of it. This circumstance, I told him, made my now expected moval from office, and the complications by which I was thus beset infini painful to me—far more than anything else—because of the distress it wc bring upon another. In reply to this, he sighed, and said that was near so bad as the case was with him, for he was already married, and had a and three little children dependent upon him. The mournful manner in w he said this excited my deepest sympathy at the time. It*remained in my m ory, with terrible distinctness, and afterwards inspired an attempt (to be prese related), for which I shall be penitent as long as I live. We were both silent j this, until we reached the club-house. On reaching the club-house, we remained a few minutes in the hall, but treas Mayo appeared unwilling to show himself in the club parlours. I then left in the entrance-hall, and went first into the front-parlour, but finding no one tl I went into the back-parlour where I found several gentlemen, members of club, sitting together. With them I exchanged the ordinary polite salutati and passed a few commonplace remarks. Then 1 returned to the entrance-! where I found treasurer Mayo sauntering about like one in a stupor. As 1 proached him, he proposed that we should go and get a drink, and I assen We went into the wine-room of the club, and each took a drink. We then i to the door of the billiard-room, and he stopped at the door and looked in door being ajar. There were about a dozen gentlemen in the room playing liards. I proposed to him to go in, but he declined. During this time no i 47 'ersation took place between us, except an occasional remark in relation to the hings immediately before us. Retiring from the door of the billiard room, treasurer Mayo said he was oing home. I told him I believed I would remain and pass the evening at the lub-house. I went with him to the front-door of the club-house where we parted ; saying to him, at parting, in a playful form of slangous speech : “ Well, if I on’t see you again, I’ll tell you good bye now.” [You, Mr. Wise, will remember how this playful remark was tortured by easurer Mayo in his ‘testimony at my trial, so as to seriously affect opinion gainst me. But at the moment of making it I did’n’t dream that my words could e twisted and turned into anything else than their usual significance, or rather [[Significance]. As he started away, I turned to go back into the club-house, but on a sudden ;tought I returned to the front-door and called him. He stopped and I went out l id joined him on the side-walk, and then told him very seriouslv that it had oc- lfred to me that there might really arise, in consequence of the complications suiting from the investigation, some occasion for me to consult legal unsel, and I wanted to know from him whether, in such an event, I "uld certainly depend upon him for professional services. He again irmly assured me that I could, and extended his hand upon it. We then jutually turned to separate and as he was walking off I turned back and said to i n that I was afraid the commissioners of the sinking fund might have trouble * ou ?- matter also (for I believed that, now, the manner in which the affairs of P sinking fund had been conducted would be made public and would occasion Irsh criticism), and I should be very sorry for it, especially on his account and Editor Rogers’s; for I looked upon him as a friend, and auditor Rogers had [’need great friendship for me that morning—as I thought He made no response t this whatever, but walked on, going home, as I supposed, and I returned to the l :b-house. On leturning to the club-house, in the entry-hall, (or rather between the side- Ldr oi the hall and the billiard-room, where I started to go) I met a gentleman l r - H ~7r e ^ to whom 1 owed six dollars. I mentioned the matter to him and, r iding him a $20 note (all the money I then had), requested him to take the L dollai ;s out of it. While he was making change, I was told that certain gen- tinen who were then my frequent associates were playing cards up-stairs in the Id-room; and as soon as I got my change I went directly to the card-room, jere l,found the gentlemen indicated, engaged in a social game of cards called : itch and I joined them in the game. We continued to play until near mid- 1 ht, nothing unusual occurring during the time, except that I drank much more 1 n 1 was m the habit of drinking. About midnight the party broke up and Ksral of the gentlemen, en route to their respective homes, walked down Frank- t street along with me to the corner of Fifth, I also being en route to my P In f s - At the corner of Fifth we separated, but two of the gentlemen I'j. M o and Mr. W. M. McC-y) who were then friends of mine diking m e too much intoxicated to reach my room alone, kindly accompanied | thither. After reaching my room they remained until I had disrobed and f* 3 left me, and I went to bed at once and slept soundly until next morning. A after six o’clock next morning I awoke and found myself in that condition W nnd and body which most men experience who have ever been foolish enough 0 rink too much. On awakening the distress in which Y was involved came r< l to my recollection and I suffered the most ineffable anguish of spirit. Even i'll? moment I am looking back to that hour with horror, and, to my dying day > all ne\ er cease to be horrified at the bare recollection of hQw on that, lovely 48 Sabbath morning, while the grey dawn was brightening the eastern skies, I sat the solitude of my own chamber—with my nervous system shivering from t effects of an over-night debauch, my mental faculties bewildered and wanderir and my spirits sunk to the lowest depths of despondency—and contemplated t mass of misery and wretchedness by which I was overwhelmed. It would ser no good purpose now to recount the thousand thoughts, or rather vagaries, whi chased each other through the anarchy of my mind, and the subject is too im pressibly painful to me to dwell upon it needlessly. In the vaticinations of r anguish the terrible apprehensions of removal from office and losing all that held dear in reputation and position, from which I had shrunk in horror on t preceding Friday night, now returned with redoubled force. Scattered along t line of thought (if the vagaries of a distempered mind may be called though I saw, like wrecks upon the shore, all the cherished hopes and aspirations ot r life; the bright, (though flattering) anticipations of my friends all blasted ; t fond hopes of aged parents crushed forever; my life itself a wreck and mys consigned to the perpetual goadings of cruel dispair. To most men amid su misery, I suppose, the thought of suicide has presented itself; and even so wa; with me. I sat there, I know not how long, and pondered that problem—sol\ indeed by Saul the first king of Israel with the point of his own sword, but aft wards renewed to puzzle the philosophy of Plato and to inspire the genius Shakspeare in the creation of Hamlet:— “ Whether ’tis nobler in the mind to suffer The slings and arrows of outrageous fortune ; Or to take arms against a sea of troubles, And, by opposing, end them ? ” But yet a better genius, battling in my heart, whispered words of hope. E’ amid the ruin of my life, it said, a consciousness of my own rectitude would s tain me ; and then courage came back for the moment denouncing as cowar the idea of seeking an asylum in the grave, and strengthening my heart’s ne to meet and battle against adversity. Turning these vagaries over in my mind, the courage to meet my difficul manfully, as well as “ the dread of something after death ” had probably strained me from the rash act I afterwards attempted, as told in the sequel, not another influence urged me on. For presently these vagaries assumed other phase. I knew that now the “ investigation ” ordered by Gov. Kemj would be made public, and involve everybody connected with the sinking f in scandal and aspersions, and the thought presented itsell to my distempe fancy. “ How I might stop this tempest ere it came.” And, in connection with this reflection, there came the remembrance oi intimate Iriendship which existed between treasurer Mayo and myself, and warr my heart with regard for “ Old Joe,” as we called him with affectionate famil ity. And to the sickbed fancies of my distracted heart, it seemed to me t that so poor and desolate a thing, as my anguish painted my own life, was much to give up for the relief of a friend. In that hour of anguish, it seemec me also, so distorted was my judgment, that it would be best even for those n dear to me that I should end these troubles at once. Then memory brought h to my mind the mournful words of treasurer Mayo to me, the night before, sou ing to my fevered fancy with pathetic suppliance ; “ A wife and three l children." And from that moment my resolution was taken. I then considered (as well as I could in the almost frantic condition of mind), the various methods of self-destruction. The fate of a friend of mind distinguished gentleman of New York—who died suddenly at the Astor H( 49 that city in 1868 from an overdose of chloroform, arose in my memory. For veral reasons (if any vagary then may be called a reason), I selected that ethod. Then I closed my mind to all further reflection, and hastened forth- ith to Mr. Blair s drug store, on Broad street, to procure the desired drug. At at early hour the drug store was not open, but a young man whose name I d not know, apparently just out of bed, admitted me. From him I obtained ur ounces of chloroform. I had never been under the influence of chloroform, d supposed that quantity would be sufficient for my purpose. Returning at ice to my room, keeping off every thought of reflection with a desperation of irpose which can only be described as insane, I undressed with haste, hastily turated a towel with the chloroform, threw myself upon my bed, and applied e towel to my mouth and nostrils. In a few moments I became anaesthetized, and remained wholly unconscious lW long, I do not know, for I know nothing further that occurred that entire y. About 11 o’clock that night I awoke to a sort of dim half-consciousness of ing in some horrible situation, the nature of which I could not for some time in my mind. Gradually, with returning consciousness, came back the shadowy dines of my situation, and I remembered my desperate purpose, and the mo- es by which I had persuaded myself to attempt it. Physically I felt no sense pain, or even of uneasiness, and in the extreme tensity of my nervous system, nger and thirst were unthought of. As consciousness returned, the recollection my purpose took possession of my mind, and I had no wish, but a frantic de- ; to finish the execution of that purpose as speedily as possible. No other ■ught lingered for even a moment in my mind, for I repelled everything like ection with insane energy. The chloroform vial I found was empty. Hastily ting on my clothes I almost ran back to Mr. Blair’s drug-store and again pro- ed the same vial full of chloroform. With this I again "hastily returned to my m, hastily undressed, and again saturated the towel with the chloroform, threw self upon my bed, and again applied it as before. Very soon I was again un- scious, and remained so until_next morning (Monday), about sunrise ; recover- I my consciousness then with a like experience as of the night before, that is, ! emembering my fixed purpose of self destruction, and the motives which led [toit; though now it seemed to me that the horrible ideas of the distressing lumstances of my situation had begun to fade away from my mind, and appear ler like the hazy phantoms of almost forgotten fears. I again put on my joes and ^went again to Mr. Blair s drug-store, and got the vial again refilled i chloroform. With it I again returned to my room, and proceeded as on ltwo former occasions. Almost immediately it seemed to me I became whol- nconscious, and remained so during that whole day. If at any time during 1, day Sunday, or Sunday night, or during the day Monday, any person entered it room I had no knowledge of it. I neither ate nor drank anything whatever id these thirty-six hours, and I have no recollection of seeing or speaking to idiuman creature, except the young gentleman at the drug-store, from whom it tamed the chloroform. h . I remained wholly unconscious all that day (Monday), but that night, at what pj I do not know, I was awakened by a noise of some kind, I do not know II , and arose from my bed in a less than half conscious condition, and in some @ier, I do not know how, encountered a person who I now know was police- 10 Pat. Woods, though I do not know it from my own memory. My recollec- ; jof whatever occurred then is only a vague, indefinite, and shadowy impres- 0 like a sick man s dream of a terrible tragedy. Images and fancies were big around me indistinctly and something or somebody was whispering to me 50 something about the carotid artery. And besides this weird impression I have recollection whatever of that terrible hour of my life. My first return to consciousness, as I recollect it, was at a late hour of t night when, awakening irom sleep, as I lay upon my bed, I saw the light burni and policeman Woods sitting in my room. After reflection for some time I c lected my powers of thought as well as I could and a dim idea entered my mi that policeman Woods was there to arrest me. I iurther reflected in silence some minutes longer (if my feeble efforts to think may be called reflection) a then I spoke to policeman Woods, and asked him to let me see his warrant; out of my dim ideas the first tangible thought I was able to gather related making my legal defence. In reply he assured me in a kindly tone that “ th was no warrant.” In the feeble condition of my mental powers then I could : possibly pursue any connected line of thought, and the subject passed out of i mind for the moment. After a pause of a few minutes longer, during which I 1 an indistinct remembrance of unrecognized forms and faces having been flitting ab> me, I enquired of policeman Woods, who had been there ? He replied that a gr many of my friends had been to see me, but named no one. Then after anot pause I asked him if treasurer Mayo had been there ? for as my mind bet to re-assert its power I thought that treasurer Mayo, of all my friends, would^ among the first to see me in sickness or trouble. Policeman Woods told me 1 that treasurer Mayo had not been there. No more was said by either of us t presently I fell asleep again. I have now related to you, Mr. Wise, everything which, for the lack of m accurate terminology, may be called the res gestae of the case, and if it wa question for the original consideration of an enlightened and impartial public I wo rest it here. But the case has been tried in a court of law ; witnesses for prosecution, but none for the defence, have been examined ; a judge has delive his instructions to the jury ; that jury has returned an adverse verdict; an apf has been taken to a higher court; that appellate tribunal has affirmed the ju ment of the lower court; executive clemency has been invoked in vain, r now, in appealing to the still higher tribunal of public opinion, as my last res it will be required that I adduce reasons and evidence in order to obtain the sired reversal of the judgment once pronounced. That is what I purpose to now. But at this point I may be allowed to remark upon the greater diffici there is in proving a negative to a proposition once lawfully affirmed than ther in refuting an accusation when first preferred. It is very much more difficult me to convince the public that I never committed the crime of which I was c victed than it would have been, under ordinary circumstances, to convince the j who tried my case that I was not guilty. Yet that is what I now propose to If, indeed, it were now practicable to re-empanel the same jury who tried case and submit it to them de novo , I would be perfectly willing to abide by t verdict, with the sole stipulation that they should be made cognizant of and she consider the truth , the whole truth , and nothing but the truth. I believe that j was a fair one, though I never knew but four of them personally, and non them intimately; but I shall show herein that with all their fairness, and with any fault of theirs, they formed a verdict which was cruelly unjust in itself flagrantly grievous in its consequences. And this will appear from the facts | circumstances of my summary arraignment, precipitate trial without adeqti opportunity to prepare for defence, and consequent false conviction, as I shall \ relate the same. The next morning after my arrest—that is to say, Tuesday morning Febrtj ioth, 1874, I was too ill in body to leave my bed. Dr. Coakley came to se^ professionally and I was apprised that he had been hastily called in to attendi 51 e previous night. For several days, (until the following Sunday, I think) I '.ntmued ill and remained under Dr. Coakley’s medical treatment. During all is time I was kept in custody by policemen who relieved each other periodically guards in my room ; an occasional visitor being permitted to see me in their esence. I was not permitted to see the newspapers of the day and was kept in ter igorance ot whatever was published in regard to me or my affairs. I know at public opinion in regard .to my case was formed from the statements then ide in the newspapers, which, as I have said, I was not even permitted to see. hat accounts were published I have never been able, even to this day, to see; d I can only surmise their character from certain testimony of one of the report- ^ for the Dispatch , who prepared the report for that journal. Upon the occasion the hearing of a motion in my behalf for a new trial on the grounds of treasurer ayo s insanity, Mr. W. D. Chesterman, a reporter for the Dispatch , was examin- as a witness for the prosecution and he deposed as follows: I had a conversation with Col. Mayo On the night of the arrest of Mr. Coleman about 3 weeks before the examination at the police court. I made full notes of what he said He re me a complete history of the sinking fund matters, and a clear and connected narrative of i don t think I can give his words about the erasure, but I can give the idea. He said that and Coleman were going to the club-house; he told Coleman the result of the investigation de by the board that day, and the discovery of the altered entry. After telling Coleman mt this, much to his surprise, Coleman said : “ Colonel, I did it:” He said Coleman had ced about this transaction in an incoherent way, and said he knew it would briiw disgrace m himi; but Coleman said one of the greatest troubles he had was the fear that it would hurt yo and Rogers. He said that at the club-house, when they were about to part, Coleman said nad no wish to survive his disgrace. He did not give me any statement about Coleman mg made any explanation of the reason why he had made the erasure ; and I was much sur- ed when I heard afterwards of his testifying to such an explanation. He did not lead me to eve that Coleman offered any excuse for the erasure.” In the same deposition, Mr. Chesterman further states that treasurer Mayo ght him several times, and repeated this statement to him again and again.' Now, tieasuier Mayo is an astute lawyer, with a large experience in the vs of the world, and Mr. Chesterman is an expert reporter. As I have said I e not been ab] e to see the '• reports ” which were published at the time, but it as) enough to judge now as to the character and tone of a “ report in full ” ^ an ex P ert re porter from “ full notes ” of a sinister “ statement ” t ashed by an astute lawyer—such a statement as Mr. Chesterman has sworn i treasurer Mayo, not only made to him, but repeatedly sought him for the pur- - ° f repeating to him. Bearing in mind that the real facts in the case were as I f hereinbefore related them, I can find no words to characterize the fact, which P w P atent to the world, the fact, namely, that in the very hour when I was ji ’trate upon my bed in physical pain and mental distraction, treasurer Mayo for gooses of his own, was engaged with an expert reporter for the most widely jdated newspaper in the state, “ cooking up,” for the public ear, a pretended I'tement whose atrocity in falseness could only be equalled by its flao-rancy Jr i? 0 n e, T t0 u° (°, rt £ w i t , h ! 11S imprimatur as treasurer of the commonwealth i'Vhjch I should be falsely published to the world as a self-confessed felon 1 t bn , m '. led & e of thls fact > whlch I have acquired since, 1 do not wonder as I did then, that when I lay there in distress, prostrate in body, enfeebled ■ ind, and crushed m spirit, nearly every friend I had in the world and every k, m y kindred and blood, save only my aged parents and two of my sisters e t ley were hundreds of miles away), left me to my fate, and failed even to « a word of sympathy or of kindness 1 But I was not permitted then to know anything about the publications in the a papers. I was kept a close prisoner, not only debarred from resisting the I s ot m y enemies to rum me, but kept in ignorance even that such efforts 52 were making. As you well know, Mr. Wise, public opinion in regard to sue) case as mine is morally certain to be formed and fixed by the first send-ofi the newspapers about it. I will not stop here to inveigh against the piactice the daily press, which ever eager for “ sensations, miscalls its moral sca\engi “ enterprising reporters,” and is never so self-complaisant as when able to publ something to please the pruriency of the depraved classes of society. Only 1 often, by such a practice, the press inflicts infinite injury upon the innocent, a nearly always accomplishes the ruin of its victim, but never promotes the put good. A hundred years ago Edmund Burke, declared upon the floor of i British Parliament, that the true palladium of personal liberty was no longer i right of trial by jury, but the fearless voice of a free press. Prom my own n erable experience, I have learned the bitter fact, that to a free citizen the light oft. by jury will avail but little, when a false conviction has been assured in advai by means of an atrocious “ trial by newspaper,” where everything is settled favor of the prosecution, and no word for the defence is permitted ! It should surely seem, 1 think, that the “ send-off of the case thus cook< up,” and published in the newspapers, ought to have satisfied the most trucul ingenuity in its design to deprive me of all assistance from fi lends, and of e' the sympathy of my own kindred, and to procure my condemnation by the p lie before my denial could be heard—without, indeed, allowing me any oppoij nity to deny. But it appears, in fact, that this was not sufficient. For, follow up the “ cooked-up ” accounts published in the newspapers, I have since lean that the thousand tongues of social scandal were also then enlisted in a sor “ hue and cry ” against me. I have since been told that in some of the so circles, where I had been esteemed as a friend, the spirit of scandal was r evoked, and insidiously entertained with the wildest tales of my imputed ‘irre larities” from my boyhood up, and the most atrocious lies were circulated aga me with “ damnable iteration ”—all intended by my enemies to stifle the smal spark of sympathy for me by making it appear that the crime alleged agaj me was but the sequel of a life mis-spent in evil practices. It is needless no\l name the many atrociously false “ rumors and reports then made up and pu circulation against me, as I have since been told. You, Mr. Wise, no doubt, ht some of them at the time. A close prisoner myself then, no word of them allowed to reach my ears, and now 1 can only put them from me as belongin that class of atrocious wrongs for which society affords its injured members remedy on earth, and which, therefore, a gentleman can only “ in the hot cel. his heart shut up ” I One of these “reports” I may name, however, because of its direct effec doing me a great injury at a critical moment. This “report” was as folic When it became known that Gen. Bradley T. Johnson was engaged for my fence, it was forthwith "reported” that during that gentleman’s absence in Eui the preceding summer I had occupied his residence in Richmond, and had j him for it in bonds belonging to the sinking fund ;and that thatvizs the reason | he was willing to defend me now, when other Richmond lawyers would not d This “ report ” was circulated in connection with the statement that Mr. De' (now dead) had discovered that certain bonds known by their serial numbers to 1 belonged to the sinking fund had been brought to the second auditor’s office b agent for Gen. Johnson, and converted into other bonds in his name. It afterwards proven in court, and also before the legislative committee of invesj tion.that Gen. Johnson was an innocent holder of the bonds in question, and| in fact they had been sold by treasurer Mayo, and purchased by Messrs, f’ai Campbell & Co. as agents for Gen. Johnson. And, in fact, I had never occu| Gen. Johnson’s house at all. But the story became a matter of grievous injui 53 ie by reason of its frequent repetitions and the credence given to it. It had the fleet to deter even those few of my friends who were disposed to befriend me 0ni 'ri? m c S °’ !- eSt tbey t0 ° s h°uld become the target for the shafts of slander. > Y 1 ^, brSt nend w ho came to show me any kindness was Mr. S. Sprigg ampbell; and there never was but one other who came at all. He came on vednesday, the second day alter my arrest, and found me ill in bed and unable ) rise. After some general and desultory conversation, in which I took but a inguid part, f° r I was too feeble in body and mind for any sustained effort, Mr. ampbell asked the policeman, who was then on duty guarding me in my room, ) go out into the passage-way for a few minutes, and leave us to have a little rivate talk. Mr. Campbell seemed to have influence with the policeman, and his iquest was complied with. Mr. Campbell then took a seat beside my bed and Pf e d the conversation in regard to my case. I remember it as well as though had happened but yesterday, for my mind was impressed and has retained most the very words of the whole conversation. Addressing me familiarly as e was wont to do m our hours of social intimacy, he said : “William D., if you were short of bonds why did’nt you let us know ? We could have fixed it up for du somehow 1 rephed that I had not known anything about the bonds being short myself, and had been as much surprised as anybody could have been at ldmg t lat there was a deficit. He then asked me some questions in regard to e investigation and the conduct of Gov. Kemper towards me, which I answered accordance with the facts ; and he then made a remark to the effect that public ntiment was very much “ down on ” me, but as I had not seen the newspapers d ie ,?f , n ° re ^ erence to their accounts, I did not comprehend the extent of e public feeling against me, and made no reply. Presently, he asked me what rangements I had made about securing counsel to defend me ? I replied that rad not been able yet to give that subject any thought and that 1 was worried ' W 1 ?, c° nsidenn g it, because I had no money to pay for professional assist- ce. Then, you are dead strapped ?’’ he said enquiringly. I told him that I had ' a , s ” uch D as ten dollars in money. “ Well,” said he “ I’ll get Brad. Johnson d Willie Royal for you, if you are willing.” “ But” said I “ how am I going f pay them ? Oh,” said he, “ Brad, ain’t going back on the boys”-meaning : ertain set of young men, including himself and me, who were on terms of social imacy with Gen. Johnson and frequent visitors at his house. I told him that if ; could arrange it forme I would be very glad to have the professional assistance . Gen. Johnson and Mr. Royall. He said he would attend to it, and about that ie the policeman re-entered the room and Mr. Campbell rose to leave As he f [ eavin f he kindly enquired if there was anything which, as a sick man, I would sh, and with great kindness insisted that if at any time I desired any such -ig that I should let him know, and that he would procure and send it to me. ^ then shook hands with me and left. I have never seen or heard from him i. :e, except in the court-room during my trial. I shall always gratefully f h , 1S v kmC advances to me at first, and in my meditations, since, have often ^ git that he was deterred from further kindness, and even from any communi- jon Wlth r^e, by the fear of the thousand tongues of social scandaf which had V tl ™ °° se upon me and threatened every one who approached me. f W?7 Sd3y) ’ Ge 1 n ‘ Bradley T ’ J° hnson came t0 see me, and informed ■Glmt he had done so at the request of Mr. Campbell, who told him I desired I ■rm.trnmi told the policeman guarding me m my room that he was my counsel, J deSired }° alone with me. The policeman then withdrew, and Gen. Johnson §T a seat besid e my bed I being too weak to sit up. I was too much enfeebled 1 mentally and physically to sustain any prolonged conversation, or participate T lm portant discussion. But briefly and as lucidly as I could, I answered o4 such questions as he asked me. He questioned me particularly in regard to wl occurred between treasurer Mayo and myself the preceding Saturday night, a I related to him'many of the details of that interview, just as I have writteu th< out in this letter to you, Mr. Wise. He made a remark, as I afterwards reme bered, to the effect that what I told him was very different from the accou published in the newspapers ; but as I had not been permitted to see the ne\ papers, and had not the remotest suspicion of the immensity of the misrepres< tations which had been made, 1 failed to understand the force of Gen. Johnso meaning and paid no attention to his remark at the moment Gen. Johnson sc brought the interview to a close, saying that he was going to see treasurer Ma I do not believe it was more than half an hour from the time he came to i room until he left, and in that brief space of time, even if I had been entirely wel body, and as clear-minded as I am at (his moment, it would have been impossi for me to relate the full particulars of the facts so as to impart a thorough co prehension of the case. And yet I never had. up to the hour of my trial, any ful opportunity to consult Gen. Johnson or any other lawyer about my case or discuss the facts w th him or any other of the gentlemen who appeared in co as my counsel. As Gen. Johnson left me, the policeman returned to my roi and resumed his watch as my custodian. The following day (Friday) Gen Johnson again called to see me and foil me still in bed and unable to,sit up. This time, as before, the policeman, at G Johnson’s request, retired and left us alone; but the interview was again very sh —shorter than before—it being later in the day and Gen. Johnson having anotl engagement, as he informed me, which compelled him to hasten. On this occas he did nearly all the talking himself. He informed me that he had been to treasurer, Mayo, who was then sick in bed ; he informed me that he found h ‘‘perfectly wild,” (Gen. Johnson’s own words) in his manner, and almost incoh ent in his talk ; but that, with great difficulty, he had gotten him to talk about' occurrences of the preceding Saturday night. He said that treasurer Mayo < dared at first that he could recollect nothing whatever about any account I gi him that Saturday night about the erasure in the warrant book, except that I t him that I did it. “ But ’’ said Gen. Johnson (and I well remember the animatioi his manner at that point), “ I told him, Mayo, you mu^t recollect it, for Colen is very clear in his account of it, and it must be so ! ” Gen. Johnson told me that after this treasurer Mayo said, in effect, that believed he did have some recollection of my explaining to him what I had del in the matter of the alleged erasure in the warrant book, and that he would try d fix it in his mind more clearly. Gen. Johnson said that treasurer Mayo had tl, gone off into some “ wild talk” about a supposed missing receipt for some ri road bonds, or something of the sort, which had no connection whatever with I affairs of the sinking fund, and so he (Gen. Johnson) had left him. Gen. Johnson also then informed me that my examination before the police jusi had been set for the ensuing Saturday, but that treasurer Mayo would not be a to appear then as a witness, and that the examination would therefore be postpoi until the following Tuesday. He then advised me to “ make myself easy,” ; not be worried, and to get well as soon as possible. And with that advice he me. Mr. W. L. Royal], came to see me next day (Saturday). He is Gen. Johnsc law partner, and came at the suggestion of that gentleman as I understood. I was very weak, and debilitated, both in body and in mind, but I arose from bed to rec< Mr. Royall, and sat leaning my head on a table to talk with him ; though o or twice during the short interview with him I had to return to my bed, anc down a few minutes to recover my exhausted strength. At Mr. Royall’s requ e policeman, then having me in custody, left us alone, as had been done, on the o pievious occasions, when Gen. Johnson had called. Mr. Royall made some ndly enquiries as to my health and the like, and then, as I was too weak to go to any detailed statement of the facts in my case, I sat leaning upon the table,, d waited lor him to question me about anything concerning which he might sh to be informed. He asked me some questions, and I answered them in cordance with the facts, and then Mr. Royall told me that there was no case any criminal prosecution against me, except, perhaps, what might be made t of a certain “ confession ” as to an erasure in the warrant book of the sinking id, which it was alleged that I had made to treasurer iMayo on the preceding turday night. Again I was at the great disadvantage of not having seen the aorts published in the newspapers about my case, and did not clearly under- ind Mr. Royall s reference ; but I told him I had made no such “ confession ” his remark implied, and endeavored to enlighten him as to the facts connected :h my interview with treasurer Mayo, on tkle occasion named ; and, to that end, letailed a number of the incidents of that interview, showing that I could not ve made any such “ confession ” as he seemed to think I "had. Afterwards '• Royall assured me that, in his judgment, there was “ no case,” whatever, (as ■ lawyers call it), against me, and that I might dismiss all apprehension from .mind on the subject at once. With this assurance Mr. Royall left me and the iceman resumed his place as my custodian. A.s I was still too sick and feeble to leave my ifoonr, I was informed that I ild continue to remain there in custody of the policemen. I heard nothing :her about my examination before the police justice, which, Gen. Johnson had 1 me, had been set for that day (Saturday), but presumed that it had been tponed on account of the inability of treasurer Mayo, from illness, to appear,, jen. Johnson had told me it would be. [In this connection, I desire to call your attention, Mr. Wise, to the fact that, l afterwards, on the trial of the question of treasurer Mayo’s insanity, his phy- [an, referring to treasurer Mayo’s illness at the time Gen. Johnson visited , as I have related, testified as follows: “At that lime I thought it ; the result of some error in his habits of drinking. I looked upon it as a case flelirium tremens. My mmd is now disabused of that impression. 1 do not r think that it was,”—implying that his attack was not of delirium tremens, , insanity.] i On Sunday I was somewffiat better, and that evening about twilight the police- •; then^ having me in custody, kindly proposed to w-alk out with me for the ?;fit of my health. We walked a few squares and then returned to mv In. , The next day (Monday), I was still further a little improved in health, and jng that day I began to recover my strength sufficiently to be able to give I- consideration to my case myself. I asked the policeman, having me in i ge, to let me see the newspapers of the day. He told me that he had been f cularly instructed not to let me see the Richmond city papers. I then asked | s °me questions as to what people said about mv case, but he replied that he i;bee_n cautioned not to tell me anything about such things. And thus was I, citizen, in a free country, kept a close prisoner, and not even permitted [low what atrocious means my enemies were employing to ruin me, and was t prevented from taking any measures to defend myself against them ! [That night (Monday), the policeman keeping watch over me took me out rj walk again. I was reluctant to go, but yielded to his persuasion to do so. k the direction of the walk to him, and he took direction up Broad street. : v ral times, as we passed along that street, he persuaded me to enter drinking- 56 saloons with him, and drink intoxicating liquor. I at first declined his invit tions to drink, but he insisted, and I was foolish enough to allow myself to persuaded; and in this way it was not long before I had taken four or five drin with him, and began to experience their natural effect. After walking far 1 Broad street, the policeman turned southward with me, and we went down Franklin street. As we were passing down Franklin street by Gen. Johnson’s re dence, by permission of the policeman, who remained at the door, I went in see Gen. Johnson. That gentleman received me cordially, and I remained a conversed with him for some time. Nothing of any significance was said either of us in regard to my case. As you, Mr. Wise, will no doubt understar I was not in a condition to discuss anything with him, either with judgment sobriety. While I was still in conversation with Gen. Johnson, (he being well f quainted with the policeman then having me in custody,) the latter also came and joined us in our conversation. During the whole time I spent at Gen. Job son’s house, nothing in regard to my case was said, and the conversation w trifling in its character; except one incident, perhaps, which was as follows : Duri our walk the policeman had suggested to me the idea of flight, and proposed allow me to escape. I had declined the proposition, and told him that I woi not entertain it for a moment. He then urged it, telling me that the train on t R. F. and P. Railroad was just about to start, and that he would “ go ’round t corner’’ and leave me to get off if I wanted to go. And now at Gen. Johnsoi house, I told him, in the presence of this policeman, about his proposition to pi mit me to escape; and I said to Gen. Johnson that I had declined to entertain t idea, because as he (Gen. Johnson) knew, I could, not afford not to be tried; knowing myself that 1 had committed no crime, I did not dream that a tr could yesult otherwise than in acquittal. Leaving Gen. Johnson's house to return to my boarding-house, the policem walked with me down Franklin street. When we got in front of the Richmo Club-house, he asked me if I did not belong there? I told him yes, I wa: member of the club; and then he said he had never been in the cli house, and asked me if we could not go in and get a drink. In the folly of i half-intoxication, I took him in and, on my order, we were supplied with drin Of course, I would not have entered the club-house, under the circumstances, i had not been under the influence of the liquor which this policeman had p suaded me to drink. Intoxication is, indeed, but a shabby excuse, and 1 ; mortified to think that I should have to make it. The next morning (Tuesday) Gen Johnson sent his son to my room to i me that treasurer Mayo was still unable to appear as a witness ; that therefore i examination before the police justice, which had been fixed for that morning, wot be again postponed ; and that I need not go to the police court but remain in i room in the custody of the policeman. A few hours later, however, a policen came with an order to bring me before the police justice I went forthwith w this policeman to the police court-room, and shortly after I got there Gen. Johns and Mr. Royall also came. The police justice, without going into the case at decided to postpone the examination until the following Saturday, because treasurer Mayo’s inability to appear as a witness. And thereupon he ordered committal to jail, without bail, and I was at once taken by the policeman, who tended the police court, to be conveyed to the city jail. I had left my room w the expectation ot returning to it in the course of an hour or so, and had made the least preparation for incarceration in jail. So, when I started off" fr the police court in the custody of this policeman, to be conveyed to jai’ requested lvm to accompany me by way of my room (not more than two squa out of the d.rect route to the jail), in order to procure somethings which it \ cessary for me to have in my imprisonment in jail, including a vial of medicine rich, under my physician’s order, I was taking at intervals of every few hours. ) my astonishment this policeman gruffly refused my request. In all civilized mmunities it is usual to accord such a request to the meanest culprits, and when was refused me by this policeman, I was so utterly astounded that I said thing more to him, but walked on in silence to the city jail. On reaching the jail I stated my request to the custodian in charge, (Mr. anklin) and he told the policeman to return with me to my room for the purpose iicated, and he did so. After going to my room and getting the things I needed, 'eturned with the policeman to the jail. From that hour I was kept a close isoner until my release in October last. I have often reflected since that the nduct of this policeman towards me was indicative of the disposition of his periors in authority, in their treatment of me. My confinement in jail seriously retarded the recovery of my health. In a y or two yellow jaundice suj^ervened and my complexion became as yellow as emon and so remained until after my trial. On Saturday, February 21st, four days after my incarceration, I was again ;en to the police court for examination. All the witnesses for the prosecution, luding treasurer Mayo, were in attendance. The commonwealth’s attorney lurseli, Mr. Wise) also appeared for the prosecution. I had not seen nor heard m Gen. Johnson or Mr. Koyall during my confinement in jail, but both now |peared as counsel for me before the police justice. For the first time I was now permitted to see the warrant on which I had :n arrested. It was as follows : City of Richmond, to wit: !; To all, or any one of the Police officers of the city of Richmond : Whereas, Jos. Mayo, jr., Wm. t. Taylor and Asa Rogers, have this day made complaint and rmation on oath before me Joseph J. White, P. J., of said city, that on, or since, the nth of November, 1873, at said city, William D. Coleman did unlawfully and feloniously forge rtain entry upon a record warrant book, belonging to the office of the second auditor of the e of \ irginia, purporting to be an entry of the purchase, by the board of commissioners of sinking fund of the State of Virginia, of coupon bonds of the State of Virginia, to the amount iight thousand, one hundred dollars, with intent to defraud. These are, therefore, in the name of the commonwealth of Virginia, to command you, forth- , tcuapprehend, and bring before me, or some other Justice of the Peace of said city, the ' of the said William D. Coleman, to answer the said complaint, and to be further dealt with rding to law. And, moreover, upon the arrest of the said William P). Coleman, by virtue of this warrant, nmand you, in the name of the commonwealth of Virginia, to summon Jos. Mayo, jr., Wm. ay lor and Asa Rogers,^ to appear at the Police Justice’s Court as witnesses to testify in If of the commonwealth against the said William D. Coleman, at 12 o’clock on the 10th day ebruary, 1874, that is to say, on the next day following the day of arrest. And have then nere this warrant with your return thereon, jiven under my hand and seal this gth day of February, 1874. n ,. T , [Signed] J. J. White, P. J., [Seal.] i Un leading; this warrant, I beg;an to comprehend the nature of the situation H hich I was placed. I now better understood the meaning of what Gen. ill son had only vaguely communicated to me touching the false account treas- ri Mayo had given of the conversation between himself and me, on the Satur- night succeeding the commencement of the “ investigation.” And the con- Jpn forced itself upon my mind, that a cunning plot had been concocted to l?e me with this pretended “ false entry ” in order to make it appear that I awaken the bonds of the sinking fund which were missing. Still, I felt confi- ei that this plot would be frustrated by setting forth the real facts. Then and ie , therefore, in the police court, in a whispered conversation, I briefly reminded iei Johnson, as my counsel, of what I had told him touching the facts of the 58 conversation between treasurer Mayo and myself that Saturday night, whit treasurer Mayo had falsely represented as my pretended “ confession.” The warrant book of the sinking fund and all the papers and memoranc made and used for the purposes of the “ investigation ” were produced in tl police court; and among them was the statement, in lead pencil-marks, which lit been written down by auditor Taylor, on Thursday afternoon, the first day of tl “ investigation,” showing the various amounts of bonds purchased for tnesinku fund as they were severally called off from the warrant book by auditor Roger Now, I had had no possible access to this paper except on the Saturday mornii preceding my arrest, between the hours of 12 o'clock midnight and 2 o’clock M., when, as I have related, I made the examination, discovered the erroneol entry and corrected it, but afterwards restored it to the condition in which I foui| it. And now, in the police court, while hurriedly reminding Gen. Johnson, ini whisper, of what I had really told treasurer Mayo, I asked him to get the stati ment compiled by auditor Taylor in pencil-marks, from among the papers ai memoranda produced ; and he did so. And, then and there, while this paper w temporarily in Gen. Johnson’s hands, I pointed out to him on the said papi the spot where the numeral “ 1 ” had been written in pencil-mark in front the numeral ”8” in the entry “8,100”—corresponding to the entry in the warr? book alleged to be “ forged,”—and had afterwards been erased, with india-rubbt precisely as I had told him, and as I have hereinbefore related, that I had do it on the Saturday morning preceding my arrest, between the hours of 120'clo midnight and 2 o’clock A. M. In response to my whispered enquiry as to whet! he understood what I was indicating, Gen. Johnson nodded his head affirmative I now, with all respect, put you, Mr. Wise, upon the witness-stand to com orate what I have just related touching this incident in the police court-roo For, you have since stated that you saw me in the act of pointing this out to G Johnson. I expected that this evidence would be a material point in my defen because it was evidence in the nature of a physical fact going to prove that tre urer Mayo’s “ testimony ” as to my alleged “ confession ” was craftily false r atrociously untrue. But it was never even alluded to by Gen. Johnson or r other of my counsel in conducting my “ defence.” I can imagine no reason w so important a point for my defepce was ignored and suppressed, unless it was cause of an indisposition to secure my acquittal by attacking treasurer Man veracity. In a deposition subsequently made by Win. L. Royall Esq., on the he ing a motion in my behalf for a new trial on the grounds of treasurer Mayo’s sanity, Mr. Royall admitted that he and Gen. Johnson, were about this time quently in consultation with treasurer Mayo about his (Mayo’s) aftairs, either friends or professionally ; and in a note to me after my trial, Mr. Royall infont me, in effect, that the plan and purpose of my counsel for my defence w that I should be convicted by the jury, and then escape the penalty of the 1 by reason of the favorable cohstructiop of a statute by the Appellate Coi Such a scheme being in the interest of treasurer Mayo, rather than in mini might, I think, be fairly inferred that in conducting, my “ defence” less zeal shown for my vindication, than for the protection of treasurer Mayo. Upon the thus unchallenged false testimony of treasurer Mayo, mainly, police justice decided to send me on to the Hustings Court for indictment by grand jury, and 1 was thereupon forthwith again conveyed to jail and locked For several weeks after my examination before the police justice I remaii in jail, for the most part ill in body, enfeebled, harassed, and, at times, alq demented. I will not dwell upon the sufferings both of body and mind, whi then endured, for I have already sufficiently indicated the nature of the grie\ 59 justice I then suffered in being harshly deprived of the privilege of bail, and bjected to confinement in jail, which was not only detrimental to my physical :alth, but also debarred me from all opportunity to make the necessary prepa- tion for ray own defence, whilst I had no friend to do it for me. On Friday, the 27th of February, I think it was, Gen. Johnson came to the 1 to see me. During this interview he talked to me in fine spirits about the re- h of my impending trial and gave me the most confident assurance of my cer- in acquittal.. He made few, if any, enquiries of me, but consumed most of the ne, himself, in telling such things as the following': He said that you, Mr. Wise, attorney for the commonwealth, had enlisted a number of the officers and em- ayees in the basement of the capitol to assist you in ferreting out evidence for y conviction. That with such assistance you had discovered from the books in e second auditor s office and the treasury office, that about a year before my ar- st, six registered bonds for $10,000 each, standing in the name of the commis- >ners of the sinking fund, had, by my direction, been converted into a like amount coupon bonds, payable to bearer ; that one of these said registered bonds, was .mbered No. 112, which had been thus converted into ten coupon bonds, payable bearer, for $1,000, each, bearing given serial numbers. And that t-he books of the 0 offices also showed that, some time afterwards, these same ten coupon bonds, sntified by their serial numbers, had been brought back to the second auditor’s ice by Messrs. Parker Campbell & Co. and converted into a like amount of other >nds to stana in his (Gen. Johnson’s) name. Now, as this registered bond numbered 3 . 112, which belonged to the sinking fund, represented just exactly the amount 10,000) by which the amount of bonds which had been purchased for the sinking id had been reduced by the alleged alteration in the warrant book of the sinking id, you, Mr. Wise, was exceedingly confident of my certain conviction on the idence of a motive on my part, to be thus adduced. Gen. Johnson added that you, r. Wise, was highly elated at the prospect of so brilliant an exhibition of your :uteness. I was on the point of telling him that I knew nothing whatever about these nds which Messrs. Parker Campbell & Co., had converted into other bonds his (Gen. Johnson s) name, but before I could do it, he, sinking his voice to • impressive stage-whisper, added : But Campbell's books show , and Sprigg pipbell will testify , that Mayo sold these bonds to them , and that you had noth- to do with that transaction. Upon these supposed “ discoveries,” he said you, . Wise, was constructing your “ theory” for mv prosecution, and he laughed Ftrtily at the thought of your discomfiture, when you should put Mr. Campbell the witness-stand, as a witness for the prosecution, and find that his testimony (ke down the prosecution. On leaving me, he- declared himself fully pre- | e d t° defend me successfully, and gave me the most confident assurances of ■j acquittal whenever I came to be tried. telying on these confident assurances I gave up the management of my de- |- e entirely into the hands of Gen. Johnson, and Mr. Royall. For besides 1 ’2 restrained of my liberty so that I could not act in my own behalf, I was not 1 condition, eithei bodily or mentally, even if had been a lawyer, to manage I own defence. A sick man must depend upon his medical adviser for 1 oer prescriptions for the restoration of his health, and a person, in mv condi- j ^ time, is especially entitled to the benefit of that provision of the Gtitution of the United States, which provides that no accused person shall be tvi without having the benefit of counsel for his defence. This beina- the situa- |°f affairs I endeavored as well as I could, to possess my soul in patience, ^ carefully followed the advice of my physician who was constantly attending 1 believing, that in a few weeks, I should be released from the hardships of <»0 imprisonment, vindicated from the charges against me, and restored to my righ as a citizen. But I was doomed to a very bitter and abrupt awakening from this fancit secure reliance on my counsel. For, late in the afternoon of Thursday, Mart 5th, Mr. Royall came to the jail and, to my utter astonishment and consternatio informed me that Gen. Johnspn had sent him to tell me that he had determine to retire from my defence. I had not then been informed of the action of tl grand jury, but by a subsequent comparison of dates I found that Mr. Royal message from Gen. Johnson was delivered to me on the afternoon ot the san day that the grand jury met and. acted upon the charges against me. It was le than four days, including Sunday, from the hour fixed by the court for my tri; Mr. Royall informed me that Gen. Johnson’s reason for retiring from my defen was that certain rumors and reports had been put in circulation very injurious him, relating to the ten coupon bonds into which registered bond No. 112 hi been converted, the same having been purchased for and converted into oth bonds standing in his (Gen Johnson’s) name. Mr. Royall also informed met! the citv was “ full of wild rumors and reports ” about the transfer of the bonds question, grossly calumnious both of Gen. Johnson and myself. My opinion then was, and still is, that the supposed “ discoveries ” from t books in the second auditor’s office had been gossipped about as scandal and t scandal propagated by my enemies, for the purpose of still further inflaming t public sentiment against me, with a view to its effect at my trial. The purpe was also to implicate Gen. Johnson by these slanders, and thus deter any o else from rendering me such assistance as he had agreed to render; other g< tlemen would be afraid to approach me, or to have anything to do with my c fence, lest they also should be aspersed and calumniated as Gen. Johnson h been. After delivering Gen. Johnson’s message, Mr. Royall added that he, ho ever, would continue to act as counsel for me, but only upon condition tha should secure some older and more experienced lawyer to take the lead in my < fence. He said, with great modesty, that he was inexperienced; that under 1 peculiar circumstances of the case, extraordinary efforts would be made to seci my conviction ; and that, therefore, he was unwilling to assume the whole respor bility of my defence. I thanked him, and told him that in selecting other coun to associate with him I would consult his preference and asked him to tell whom he would prefer. He named Hon. W. W. Crump, Col. Jno. B. You or Col. Robert Ould. I willingly assented to his choice, my understanding be that he meant that any of these distinguished gentlemen would be agreeable him ; and that he did not contemplate securing the services of more than one them. At my request he agreed to go at once and ask Judge Crump to as him in my defence, We discussed the matter of my paying Judge Crump for assistance and came to an agreement about it. Mr. Royall then left me to go and see Judge Crump, with the understand that if Judge Crump would not assist me, he would ask Col. Young to do it, ; if he refused, then Judge Ould would be asked to do it. The next day (Friday) Mr. Royall returned and reported that his miss had been wholly unsuccessful. He said he first went to Judge Crump, but t gentleman replied, in effect, that my counsel would have to assail treasurer Ma and that the relations between treasurer Mayo and himself were of such a nat as to make him unwilling to assail him in my defence. Mr. Royall further formed me that he had also approached Col. Young, but he replied that he wc not undertake my defence unless I would pay him $1,000 down; and this 61 oyall knew I could not do. He said he had not approached Judge Ould because ; thought it would be unavailing. In conclusion, Mr. Royall told me that, in his opinion, I could not secure mnsel from the Richmond bar, because the local public sentiment was very strong gainst me ; and because treasurer Mayo was a popular member of the Richmond ir. He then advised me to try and get counsel outside of the city of Richmond ; id intimated that unless I did, he also would retire from my defence. The effect of this communication was terribly depressing. It seemed from lat Mr. Royall said that I had become such an object of opprobium, that not ly did my {personal friends turn from me, but even the lawyers were unwilling appear in my behalf professionally. And it also seemed that I would have to ntend against treasurer Mayo’s personal popularity, and his relations with his other lawyers of the Richmond bar; strange odds, indeed, they were to be (countered by a citizen in a contest in a court of justice ! And added to this had to contemplate the fact that the influence of the Governor, and the force ; public sentiment were inexorably against me. Such circumstances were rely formidable enough to crush a much more powerful man than I was ! I expressed my readiness to make an effort , in accordance with Mr. Roy- (s advice, to get counsel from a distance ; and at once wrote a letter to Maj. W. T. rtherlin, .of Danville, informing him of the exigency in which I stood, and en- jiating him, as a^ friend, to send counsel to my assistance from the bar of my live county. This letter was submitted to Mr. Royall, who examined and ap- pved it, and took it himself to have it mailed for me. As he was leaving me for !) purpose of having it mailed, I wrote and handed him for transmission a tele- I .m to Maj. feutherlin, informing him that such a letter was e?i route to him. conversation was held between Mr. Royall and myself on this occasion in re- d to the facts in my case. All that was said had reference only to securing er counsel to assist him in my defence ; and he left me immediately after re¬ ding from my hands the letter and telegram to Maj. Sutherlin. ! _ In this letter to Maj. Sutherlin, I expressly stated that the difficulty in pro¬ ping counsel from the Richmond bar to defend me, was by reason of the fact f t my defence would require my counsel to assail treasurer Mayo ; meaning ■ this testimony, as given at my preliminary examination before the police Bice, was false, and would have to be impeached. Mr. Royall read that letter, f approved it. f In consequence of the postal arrangements my letter could not reach Danville |«>re the next (Saturday) afternoon, and it happened, unfortunately, that Maj. merlin was absent from home when it did arrive, so that he did not receive I ei it or my telegram until his return, which was on Saturday night, I believe, i Sunday morning he wrote me a hurried note in response which was put into Jii hands on Monday morning about 9 o’clock. In this note he informed me 0| he had enclosed my letter to Col. T. S. Flournoy requesting him to call, and feme, and also to ask Col. E. Barksdale to do the same, and if they could not Disk Judge Marshall to do so. He added, in conclusion, as follows : “ I take it >j granted that if you are not prepared with counsel, you will get a continuance P . car ? g e t ready for trial. ’ And I considered this a very reasonable |p ion for him to entertain, for in that part of Virginia courts of justice have :| ys allowed an accused person at least an opportunity to prepare his defence. 1 have omitted to state, in its regular order of time, that, on Sunday afternoon, ■(it a message to Mr. Royall to come and see me, and he did so. As I had :e d nothing from Maj. Sutherlin, I wanted to consult Mr. Royall further about 1 imn .g counsel to assist him in my defence. In the course of this conference, tne time, Mr. Royall mentioned that Charles L. Mosby, Esq., of Lynchburg’ 62 happened then to be in Bichmond, and proposed to try and secure his assistan To this I very gladly agreed, but Mr. Royall changed his mind and said that, certain reasons (which he did not tell me), he would rather not ask Mr. Mosby In this interview with Mr. Royall (the last I ever held with that gentlem until after my trial was over) I was painfully perplexed by the difficulties of 1 situation. There I was, sick in body (I was ill with yellow jaundice, and my s. was then, and remained until some time after my trial, as yellow as a Chinamr locked up in jail, without a friend in reach on whom I could rely; and in tl condition I had to meet a prosecution instigated and backed up by the goveri of the commonwealth, and other leading officers of the state government; pul: sentiment truculently wrought up against me by the one-sided versions of 1 case which had been circulated ; my trial fixed for the next morning, and I withd counsel and with no preparation for defence ! It was enough, I think,- to fill with dismay. In the course of this interview with Mr. Royall, having despaired of a response to my letter to Major Sutherlin, I thought of Judge Marshall, who b formerly expressed a warm personal friendship for me, and at my request Pj Royall went to find him for me. Shortly after sunset that evening Judge Marsll came, in response to my request through Mr. Royall. I informed him of i situation and asked him to undertake my defence. He expressed a willingness) do so, but said he had been retained in an important civil suit in Judge Welfor court which was fixed for hearing at the same hour as my trial in the hustii court, and that therefore he could not appear for me unless the time for my t could be changed. He promised, however, that if nothing better could be done attend at the hustings court at the hour fixed for my trial and endeavor to ge continuance for me, so that I could make arrangements for my defence. W this understanding he left me without any conversation whatever as to the facte the case. That night (Sunday), I passed in the most wretched anxiety. Of course saw that I had no earthly chance, except through a continuance of the case until next term of the court. But thinking that surely the court would not refusi continuance, under the circumstances, I tried to quiet my anxieties with the flection that if I could not get counsel to defend me, I would make my own fence in person, in spite of the disadvantages of not being a lawyer, and of be in feeble health, harassed in mind, and locked up in prison. Had a continua: been allowed me, and I been permitted to defend myself, I would have been quitted. Next morning (Monday), I received the hasty note from Maj. Sutherlin which I have alluded above, and, in less than three hours afterwards, Iwastal to the court-house for trial. As yet, I had heard nothing from Col. Flournoy Col. Barksdale, and could not even learn whether they had reached the city. Let it be remembered, here, that up to the very moment I entered court-room for trial, I had been unable to secure counsel to defend me; though I had made every effort in my power to do so. Whilst, on the ot hand, you, Mr. Wise, the attorney for the commonwealth, had had every opp tunity, and had zealously prepared for prosecution; in which preparation, i have since been told, you had had the assistance of some of the “ basem officers,” and particularly such assistance as so astute a lawyer as treasi Mayo could render, prompted as he was by personal interest to secure my qj viction. To force me to trial at that term of the court, under such circumstances,! a very grievous injustice. It was the prolific starting-point in a series! wrongs such as no citizen ever before suffered at the hands of judicial power! Virginia; and I pray Heaven none may ever suffer such again. 63 The honorable judge, by reason of whose summary rulings my conviction s made possible, has since been suddenly stricken down by death. Mindful the maxim, “ De mortuis nil nisi bonuvi ,” 1 would willingly omit all mention him, could I do so in telling my story. But as this is not possible, I respect- ly submit that the pagan philosophy which inspired, the adage, and the ristian benevolence which has adopted it, would both recommend justice to : living as no less a sacred duty than charity to the dead. Besides, the maxim s, as originally written: “De mortuis nil nisi bonuvi ac verum .” I say, then, and the sequel will show, that by reason of the exercise de r eur of the power of the court against me, in my utter helplessness, I was prived of the essence, if not the form, of a right intended to be guaranteed the humblest citizen by the organic law of the land. The American Consti- ion (Amendment vi,) declares that: \ “In all criminal prosecutions the accused ill enjoy the right * * * * * * to have the assistance counsel for his defence.” But the court, in my case, for his own personal con- nience in getting through the docket for the term, though allowing me the pearance of a defence by counsel yet, in reality, by forcing me to trial without hcient opportunity to put that counsel in possession of the facts of the case, prived me of the benefit of such assistance as was contemplated by this pro¬ ion of the constitution. In a published letter in regard to my case long after my trial, the honorable Ige referred to me as one who, was his friend. The reference was to relations tween us which existed long before his elevation to the bench ; relations of a ivate nature of which the general public had no knowledge and of which I ve no purpose to speak now. With no bitterness in my heart I trust I may be rmitted tb remember that it was Cleon, who, when elevated to public office, lounced his friends, pretending to fear that their influence might improperly ect his judgment in public matters; I need not quote the comment of Plutarch Cleon’s conduct, since the name of Cleon is synonymous with demagogue in ecian history. But it was Aristides, surnamed The Just, whose practice it s, when Archon of Athens, “ not endeavoring to oblige his friends at the ex- ase of justice, yet always ready to do them a service when consistent with it.”, rely, it would not have been “ at the expense of justice,” had I been allowed to nain in jail thirty days longer, in my helpless condition, in order that time might afforded for preparing my defence*! And yet that was the only “ service ” I ;ired at the hands of my “ friend,” the court. I proceed now to my case in court: On entering the court-room, in the cus- py of a deputy-sergeant, I was met by Judge Marshall, who informed me that Flournoy and Col. Barksdale had both arrived, and added that he presumed ould now get along without his assistance, and so left me. Presently I saw |L Flournoy and Col. Barksdale entering the court-room. They came to me, 1 told me that, in compliance with Maj. Sutherlin’s request, they had come, in !j at haste, to undertake my defence, but that a previous engagement at Lynch¬ ing would compel them to leave Richmond at once, and they could not appear c me unless my case should be continued until the next term of the court, ffiy said, however, that of course the court would grant a continuance in view >::he circumstances. This interview with Cols. Flournoy and Barksdale, did ) last as long as five minutes ; it took place in a corner of the open court-room v ch was already partially crowded ; and I have stated the entire substance of 1 conversation. But that interview comprised everything whatever in the na- W of a consultation , or conference , of any kind that ever passed between than k myself , or either of them and myself , until my trial was all over. Just as this brief conversation between Cols, Flournoy and Barksdale, and 04 myself was closing, Mr. Royall came up and joined us. His modest opinion his own abilities and his unwillingness to encounter single-handed the fierce arr of influences which had combined for my prosecution, had impelled him to not me, (as I have stated) that he would not appear for my defence unless I could $ some older lawyer to take the lead in the case ; but after the appearance of Cc Flournoy and Barksdale, I took it for granted that he would assist them; thou nothing was said on the subject. As Mr. Royall came up, however, before a conversation took place, the court was opened and I took my seat at the b Mr. Royall rose and informed the court that I was not prepared for trial in cc sequence of the difficulties I had encountered in securing counsel to defend n He stated the facts in regard to these difficulties pretty much as I have hen related them, though not so explicitly ; and then he asked the court to contir the case until the next term. The court declined to continue the case and s; the trial must go on. Mr. Royall again arose and pleaded for a continuance the further ground that I was still unprovided with counsel, for, although Cc Flournoy and Barksdale were willing to appear for me, yet their engagements another case were such as to compel them to leave Richmond at once, and unh my case was continued they, nor either of them, could not appear for my delen The court, with considerable asperity, replied, in effect, that he (Mr. Royall) v counsel enough for the defence and the trial must go on. Mr. Royall arose ag? and was proceeding to urge reasons for a continuance, but the court stopped h and addressed him in words to the following effect: “ Mr. Royall, if I allow cai to be continued in this court, the docket will soon become so full that I shall i be able-to get through with it from one term to another. It is a rule of this co not to continue cases, and the trial must go on.” Mr. Royall, howe\n continued to plead for a continuance, urging as further reasons that wn an immediate trial would be a great hardship upon me, being forced! it without preparation and the assistance of counsel, although I had used my bi efforts to be prepared, yet on the other hand, a continuance of the case until >i next term of the court would be but proper and would not militate against pull justice, because I would have to remain in jail during the interim , and would I suffering the hardships of imprisonment during all the thirty days of delay ask! for. And, finally, Mr. Royall informed the court that if the trial must go on) that term of the court he (Mr. Royall) had nothing further to say in the case j would retire from it and leave it in the hands of the court, without any coud for the defence at all. Upon this the court postponed the further consideratl of the case until the next morning (Tuesday) ; and thereupon I was forthwl reconveyed to jail and locked up, and I neither saw nor heard anything from (I Flournoy or Col. Barksdale or Mr. Royall, until, as presently stated, I was tall back to the court-room next day for trial. Locked up in jail it was out of j power to communicate with them, and I was left to my own reflections, surmil and suppositions without any information whatever as to their plans or purpoa I did not know, indeed, whether to still continue to consider them as my court or not. Next morning (Tuesday), I was again conveyed from the jail to the coil room for trial, and my case being immediately called, upon my appearance, f Royall briefly renewed his appeal to the court for a continuance and repeated j declaration ol purpose to retire from my defence if the court refused to grant# continuance. Col. Flourney and Col. Barksdale were also present in the I and the former followed Mr. Royall, and pleaded with the court for a contil ance. But I need not dwell upon the efforts made to induce the court to gfl me the opportunity to get ready for trial. They were all in vain. The citf utterly refused to grant a continuance, but finally agreed to postpone cal(( e case till a later day in the term ; and announced that it would be called on the [lowing Monday week—a delay of about twelve days. And thereupon I was ^ain re-conveyed to jail and locked up. On enquiring afterwards, I learned that Cols. Flournoy and Barksdale both ft the city that same afternoon. I did not see them anymore. I was locked ) in jail, and deprived of all opportunity to do anything in my own behalf. The creased anxiety of mind which these circumstances gave me, brought a re- pse of the disease from which I was partially recovering, and I was again prostrated bed, from a renewed attack of the jaundice, and remained under medical treat- ent in the jail. During this time, I never saw nor heard anything from Mr. Royall, d did not know whether Cols. Flournoy and Barksdale would return to assist my defence or not. But I received the following letter from Col. Flournoy : “ Danville, March 13, 1874. l. Wm. D. Coleman, “ Dear Sir:—I intended to call and see you before leaving Richmond, but was unable to do I, however, had a full conference with Mr. Royall and Gen. Johnson about your case, and satisfied that an earnest and vigorous defence will result in your acquittal. In your letter VTajor Sutherlin, which he enclosed to me, you said you would be able to raise $200 fee for , if I would come and aid in your defence. 1 am sure that you can do so among your friends iRichmond, and I hope you will do so, and have that amount ready to pay me when I come :,m to your trial. The balance of my fee I will look to another quarter for, but you must ; e the above amount, as I cannot come to Richmond and, at my own expense of time and :iey, engage in your defence. If you will arrange to pay me $200, and your friend Major iherlin will arrange the balance of my fee, I will be down and make the best defence for you n capable of, and I think we will procure your acquittal. I go on Monday to Lynchburg, to nd the U. S. Court, and shall be there all the week. Write me there, care of Norvell House, and i whether you can raise me the $200 by the day of your trial. If you can, I will certainly be ■in.” Yours very respectfully, TIIOS. S. FLOURNOY. And this letter and reply, on the subject of pacing counsel’s fees, was the i. y communication I ever had with Col. Flournoy about my case. And I had lie at all with Col. Barksdale.* During the interval of this postponement, I never saw Mr. Royall at all. I ir locked up in jail, and could not go to him, and he did not come to me. Nor 1 I have any communication with him except that, on Friday, three days before n, trial was to begin, he wrote me a note, making enquiries about a certain trans- con of the sinking fund with Messrs. Isaacs, Taylor & Williams, to which I e: him an immediate reply. And this was the only communication I had with ii. 1 One day during this interval Mr. E. Carrington Cabell visited the jail to see a >i,oner who was a client of his, and while he was there, this prisoner came to n and solicited me to ask Mr. Cabell to assist in my defence. Mr. f abell ijnised to do so, and accepted a small sum (all the money I then had), on ac- ote. —*After my release from prison and location in Danville, in order to ascertain my pecuniary notedness, with a view to discharge it as soon as possible, I addressed a note to Col. Flournoy Wiring what amount he had received on my account, and from whom ? He sent me the following t'l , in which, however, he does not include the sum of $25, which I, myself, caused to be deposited 9 |i credit in the Planters’ National Bank, at Richmond, and sent him the certificate of deposit: fj „ r “ Danville, April 6th, 1878. C . W. D Coleman. l ear Sir: -I received from Major W. T. Sutherlin $150, in part fee of $ 300 , promised me as a fee oijjur defence at your trial in the hustings court at Richmond, at March term 1874. No one else a’ne anything on your account. Someone may have aided Maj. S in making the amount he paid ie; ut I do not know that anyone did. I think that he expected some of your friends to raise the ce of the $300 pronrsed, but no one ever did. Very respectfully, THOS. S. FLOURNOY.” ' ith like purpose I made s'milar enquiries of Col. Barksdale, and he informed me that he had iej'received a cent from any one. But I have performed a considerable amount of clerical labor 3r m, in law cases, which I have asked him to accept on account of his fee in my case. 66 count of his fee ; but he did not appear for me at my trial, and it is not necessi to make any further reference to the matter. I remained locked up in jail, and could do nothing but wait; and mv con tion of body and mind was such that I was utterly incompetent to act judiciou: for myself. No friend was kind enough to offer to assist me. Debilitated in boc and often racked with pain and prostrated upon my bed, I was well-nigh as he less as a child. On Monday, March 23rd, I was taken from the jail to the court-room trial. Cols. Flournoy and Barksdale and Mr. Royall were present, but tb neither sought, nor afforded me, the opportunity to give them any informati about the facts in the case ; though they whispered to me, as I sat there, repeat assurances of my certain acquittal. There were two indictments against me, c for the alleged larceny and embezzlement of public funds, and the other for t alleged forgery of a public record. Both of these indictments had been pi lished in extenso in the city papers, as I afterwards ascertained, and they wi so worded that their publication could not fail to leave a most exaggerated i pression, and thereby further inflame the public feeling against me. On readi these indictments, now, it would be wholly unaccountable to me how any gra jury in Virginia could have been induced to return them “ true bills,” unless up evidence more atrociously false than I had conceived to be possible ; I saj would be unaccountable to me, except that I have since heard you, Mr. Wi admit that you personally attended the deliberations of that grand jury, and your zeal to secure my conviction, no doubt you used your eloquent persuasic to induce them to do it. You had their ears all to yourself for the purposes the prosecution; and I, the accused, was not permitted to be represented or to heard in that—at least the law intended it to be— secret inquisition of the grr jury of inquest. Of the two indictments against me, you, Mr. Wise, selected that which \ considered strongest; that is, the one on which you thought you stood the t chance to secure my conviction. I say that you so selected, because that would h; been natural in a prosecuting attorney of your skill and experience, and also cause on a subsequent occasion—in the Crittenden trial—you avowedly did And had I been acquitted on the indictment on which I was tried, you wo have entered nolle prosequi as to the other indictment just as you afterwards 1 in the case mentioned. At a former page hereinbefore (page 3), I have subn ted the full text of the indictment selected as strongest, and on which I was tri and I beg that it be referred to in this connection. When arraigned upon this indictment, and during the whole period of trial I was, physically and mentally, incapable to personally make defer You saw me, Mr. Wise, and you know yourself that at that time I was yel with jaundice. Indeed, it is my belief that I should have fallen at times in court-room, during the trial, from physical weakness, but for repeated stimulat by ardent spirits. Such was my condition that, in my opinion, had the ind ment been for burning the capitol, or murdering the governor, I should have b convicted all the same, so far as I was personally capable of making my defer The whole matter of my defence was therefore devolved upon the lawv who appeared as my counsel, but who, as I have shown, were entirely ignoi of the facts in the case. At no time did I interfere by enquiry or suggestion sat like one in a dreamy stupor, dazed and bewildered. What the plans of counsel were I was at no time informed, but the sequel showed, as I will prese> prove that they intended that I should be convicted by the jury and thc 7 i perl escape the penalty of the law through a favorable construction of a legal teci cality by the appellate court, Had I known that this was their “ plan ” I wd 67 ;ver have consented to it; for although it might have saved me from a degrad- g imprisonment it would have left the moral stain of guilt upon me as fully as if had pleaded guilty. But you know yourself, Mr. Wise, that the only question riously contested by my counsel was not whether I had committed the fact larged in the indictment, but it was whether the fact charged in the indictment as an offence against the law ; not whether I had made an erasure in the warrant )ok of the sinking fund with intent to defraud, but only whether the said warrant )ok was a public record or not ? And I have since heard that you, Mr. Wise, ive expressed the opinion, that if I had been properly defended I would not have en convicted. In a published response to certain enquiries propounded by Gov. Kemper, e judge who presided at my trial declared that I would not have been convicted n the absence of Mayo’s testimony.” Whatsoever it may have been attributa- je to, the fact is indisputable that my counsel did not pursue the line of defence lich would have secured my acquittal by exposing the atrocious falsehood of ■asurer Mayo’s testimony—as they should have done. But I have said that I will prove that their “ plan of defence ” was that I puld be convicted by the jury and then perhaps escape the penalty of the law cough a favorable construction of a legal technicality by the appellate court. I ppose now to prove this by Mr. Royall, and he so testifies in a letter which he ;ote to me dated March 27th, 1874, being the day after my trial was concluded. I was as follows : “ Dear Coleman :—You must make arrangements at once for paying for copying the record ki printing it. This will cost certainly $50, perhaps $75. Keep your spirits up ; we anticipa- !i a verdict against you all along, but we are as confident of a reversal of the judgment now live ever were. I hear rumors that you have been threatening in case of conviction to impli- others. Let me implore you to keep your mouth sealed with more care now than you have : r done. You can do yourself no sort of good and may do yourself incalculable harm. At- x'l now to this. Keep your mouth shut. Yours, &c., WM, L. ROYALL.” In point of fact, I had made no such “ threat.” After the verdict of the jury II been announced I had, indeed, declared that that verdict was formed upon :e imony which was false. I then did say that treasurer Mayo had testified false- }and that auditor Rogers had testified falsely, and that the testimony of other viesses was false, and that sooner or later I would prove this to the world. B I had said this only to my aged father and to the jailor as he walked vfi me from the court-room after my trial was over, conveying me back to jail. \ I I say so now. It is however to Mr. Royall’s declaration that “we [z. e. my counsel] ajitici- W’d a verdict against you all along" that I wish to direct attention particularly n bis connection. If he had expressly said so, he could hardly have testified n -e clearly to the truth of that part of my assertion that their “plan of defence” w that I should be co?ivicted by the jury; and when he adds that “we are as con¬ ic nt of a reversal of the verdict now as we ever were,” it is as much as to say h in conducting my “defence” they had expected that, though convicted by the u , I should escape the penalty of the law through a favorable construction of 1 utute by the appellate court. My counsel, it seems, were relying upon the “legal strategem” of showing h the warrant book of the sinking fund was not a ipublic record. In their ar- 4’ients before the supreme court of appeals I presume they exhausted the eijfing of the law books to establish this point. It would be out of place and ’ll- for me to revamp their arguments, or to present new ones, were I able to do •o| From the evidence before them the supreme court of appeals have decided hi 1 the warrant book of the sinking fund is a public record. But if I prove that 68 the evidence before the supreme court of appeals on which they formed their si opinion was false, I think I shall thereby show that that august tribunal was m led and deceived as to the matters of fact on which they formed their said op ion, and that consequently that opinion is erroneous. And this is exactly wha shall proceed to do. The evidence upon this question, as submitted to the supreme court of £ peals, is embraced in Judge Guigon’s certificate, from the printed copy of whi in the record of the case, I quote as follows : “ And the said second auditor testified that he kept the said warrant book as a record of amount of bonds purchased by the sinking fund, and as a record of the receipts and disbui ments of his office as to the sinking fund, as required by § 22 of chap. 42, code of 1873 ; but was not directed by the commissioners of the sinking fund, as a board, to keep such book ; it was known to said commissioners that such a book was kept ; that said warrant book was. to the amounts for which warrants were drawn, added up regularly at the end of each mor and compared with the amounts paid out, as shown by the books of the treasurer, on account the sinking fund, to ascertain if they tallied, and to make settlements with the treasurer, on account of the sinking fund, and from said warrant book there was each year made out by second auditor, a statement of the amount (the face value) of the bonds on hand in the sink fund, from which statement the second auditor and the commissioners of the sinking fi made out their annual report to the legislature of the amount of said bonds ; such warrant hi being the only official record or memorandum from which such amount could be ascertainej Now, this testimony of the second auditor purports to be a full and corr statement of the character of the warrant book, the authority by which it v kept, and the purposes for which, as a record, it was used. As such it was certif to the supreme court of appeals, by Judge Guigon ; as such it was duly recei\ and considered by the supreme court of appeals ; and upon it as testimony t august tribunal formed their opinion and made up their decision as to whether ' said warrant book was a public record or not. Apart from its reference to “ § of chap. 42, code of 1873,” as the provision of law under which the said warn book was kept, this testimony of the second auditor sets forth three distinct p positions in regard to the said warrant book and asserts that the same are ti as matters of fact. Namely, First: “ That said warrant book was, as to 1 amounts for which warrants were drawn, added up regularly at the end of e£ month and compared with the amounts paid out, as shown by the books of treasurer, on account of the sinking fund, to ascertain if they tallied, and to ni£ settlements with the treasurer on the account of the sinking fund.’' Secor “ And from said warrant book there was each year made out by the secc auditor a statement of the amount (the face value) of the bonds on hand in sinking fund, from which statement the second auditor and the commissionen the sinking fund made out their annual report to the legislature of the amount! said bonds.” And third, “ Such warrant book being the only official record^ memorandum from which such amounts could be ascertained.” Upon these three points the fate of my case was decided in the suprel court of appeals. Relying upon a “reversal of the verdict” by the appell court, my counsel made no real defence in the nisi prius court, as to the i charged in the indictment. And upon the testimony as to these three point: fact the appellate court decided that the said warrant book is a public reco] and thus the “ plan of defence ” attempted by my counsel was defeated. / yet all three of these propositions, though sworn by the second auditor, under I solemn sanctity of his oath, to be matters of fact, were in reality false ; and I si now proi by the report of the commissioners of the sinking fund, that they havepurchas in the last fiscal year, stock of the state amounting to $237,930.64,” whereas memorandum I gave him clearly stated, as was the fact, that that was the amo they had purchased from the date of their orgainzation, August 2nd, 1871, to the close of the fiscal year ending September 30th, 1873, a period of m than two fiscal years ; for each of which years, moreover, the reports of commissioners of the sinking fund, compiled by me, showed what amounts 1 been purchased, and also what amounts had bee?i added to the sinking funa transfers from the board of public works. If you will also examine the repc of the commissioners of the sinking fund, to which my name is signed as sec tar}’, you will find this true. I now respectfully submit that I have proven from this examination of reports of the second auditor, that is to say, by evidence in the nature of supreme and incontrovertible testimony of physical facts, that it is not tr as pretended in the testimony of the second auditor, that he had made an aim report to the legislature showing the amount of bonds purchased for the sink fund, as he implies he was required to do by section 22 of chapter 42 of the t of i8yj. By the same irrefragible proof I have also shown, conclusively, tha had never made any “ report to the legislature" at all , annually or otherwise to the aftairs of the sinking fund up to the date of his said testimony. If law required him to make such annual reports, as he alleges that it did, notl can be more obvious than, that in giving his testimony at my trial, his self-interest prompting him to make it appear that he had discharged his duty under the ] whether the fact was so or not. But until a pyramid can be constructed by putting up the apex first, it remain impossible for it to be true, in the face of the proofs which this evidc in the nature of physical facts presents to the contrary, that “ from s^id war book there was each year made out by the second auditor, a statement of amount (the face value) of the bonds on hand in the sinking fund, from w statement the second auditor ” made out his “ annual report to the legislatui the amount of said bonds.” But, in this “ testimony ” of the second auditor, it is also pretended from the statement pretended to have been made out each year by the sec auditor from said warrant book ” the commissioners of the sinking fund made their annual report to the legislature.” Now, you, Mr. Wise, know, from evid< adduced at my trial by the commonwealth (and the same can be other abundantly proven) that every report of the commissioners of the sinking I up to the time ol my trial was made out by myself alone, as their secretary, was never seen nor in any manner supervised until entirely complete and re 71 ' transmission to the governor to be laid before the legislature. This testimony s, indeed, elicited, I believe, with the intent to suggest injurious suspicions ainst me in the preparation of these reports ; but it being presently ascertained it the said reports were absolutely accurate in every particular, the effort to ?gest suspicions against me on account of their preparation was abandoned, ice now, therefore, it is known that I alone, to the exclusion of every other rson, prepared and was privy to the preparation of, the reports of the commis- ners ot the sinking fund, I respectfully submit that it is not possible that the lond auditor, or any other person on earth except myself, is competent to testify to the sources from which I obtained the necessary information for the compil- on of said reports ; and I have hereinbefore tully explained the manner in lich I did compile them, from which it has been seen that I did not make them t from any “ statement made out by the second auditor ” each year, nor from y statement made out by him at all, nor from any statement made out by any ler person “ from said warrant book and that, in fact, I did not use the said rrant book as an authentic source of information in making out the said reports, all. Thus you see, Mr. Wise, the evidence in the nature of physical facts—a class evidence far above the fallibility of human testimony—conclusively shows a native to the second of the propositions in the evidence of the second auditor, |ted by him as a matter of fact; and proves beyond the shadow of a doubt that \s not true that “ from said warrant book there was each year made out by the 'ond auditor a statement of the amount (the face value) of the bonds on "hand ::he sinking fund, from which statement the second auditor and the commission- of the sinking fund made out their annual report to the legislature of the hunt of said bonds.” The third of the propositions in the t estimony of the second auditor, stated I him as a matter of fact, was, no doubt, of equal importance with the second of propositions in influencing the opinion of the supreme court of appeals in biding that the said warrant book was a public record. That proposition is as caws, to wit: “ Such warrant book being the only official record or memoran- 1 'a from which such amount could be ascertained.” Of this proposition, pre- pied by the second auditor to be a matter of fact in his testtimonv, I shall now gfly but very effectually dispose by instantly proving that it is false. ; [ If you, Mr. Wise, will go to the office of the second auditor you will find h e, no doubt carefully filed away, the original orders from the commissioners li’he sinking fund, drawn and signed by me as their secretary, authorizing the e and auditor to issue his warrant upon the treasurer for the payment of money p .ccount of the purchase of bonds for the sinking fund. In each of these orders ijname of the seller of the bonds, the amount of the bonds (the face value) II the amount ot money to be paid for them are specifically stated. And though second auditor might be able to produce “ such warrant books ” as the one wired to be forged, in a pile as large as the Washington monument, yet, unless e ould produce these orders he would not be able to show even the shadow of ujority tor his act in issuing his warrants for the payment of money out of the 'e ;ury on account of the purchase of bonds for the sinking fund ; nor to pre- any authentic “ official record or memorandum ” from which the amount of Kionds so purchased could be ascertained ; for a list of these orders (such as k aid “ warrant book of the sinking fund ” in reality was), would not be an flat record of the acts of the commissioners of the sinking fund, unless au¬ nt icated by their signatures, or that of their secretary for them. On the other hand, however, if this “ warrant book of the sinking fund ” iCi d( be lost or destroyed or stolen, it would be a very easy matter for the seo 72 ond auditor or one of his clerks to take these original orders and Irom them p pare anew this “ warrant book of the sinking fund as kept in the second audit( office,” and this would be a mere matter of clerical labor which could be lawk done at any time; and when done would unquestionably possess every elenr of authenticity possessed by the warrant book—the “ public reccfrd alleged be forged. And let us hope it would possess a smaller number ol clerical in curacies than that prepared by Mr. Morrison and alleged to be the subject forgery at my trial. But if one of these original orders should be stolen, lost, or destroy although the second auditor might perhaps be able to write a new one just 1 the one so lost destroyed or stolen, by referring to the memorandum of it entei in the warrant book of the sinking fund, as kept in his office, yet if he ventui to do so, I think any jury would be pretty certain to find him guilty of forge if brought to trial, and prosecuted with one-hundredth part of the zeal you c played in prosecuting me, Mr. Wise. Again: If you, Mr. Wise, will go to the treasury office, you will find ca fully filed away there, all the original warrants from the second auditor auth izing the treasurer to pay out money on account of the purchase of bonds the sinking fund. In each of these original warrants (issued by the seco auditor in conformity to the orders of the commissioners of the sinking fun the name of the seller of the bonds, the amount of the bonds purchased (1 face value), and the amount of money to be paid for them are specifically stat and each of the warrants is duly signed by the second auditor, and attested one of his clerks. These are the treasurer’s vouchers to show his authority the disbursement of the money in his hands belonging to the sinking fund, one of these original warrants should be stolen lost or destroyed, the treasu could easily prepare a new one exactly like the one stolen lost or destroyed, reference to the original orders from the commissioners of the sinking fund fi in the second auditor’s office; or he could do so by referring to the entry memorandum in the warrant book of the sinking fund, as kept in the secc auditor’s office, whether that warrant book was the original one, or another wh the second auditor had written up in place of the original one lost stolen or ( stroyed. But the treasurer could not do this lawlully for it would be “ forgin; public record.” If, however, the warrant book of the sinking fund as kepi the second auditor’s office should be lost stolen or destroyed, it could be read written up anew from these original warrants filed in Ike treasury office , and do it would £>e entirely legal and proper; and this warrant book so reproduc would be every way as authentic as the original one which had been stolen li or destroyed. I have thus made it as clear as the noon-day sun, by the testimony of phys-, facts that the third of the propositions stated by the second auditor in his te monv as a matter of fact is in reality false —such warrant book, I have pro 1 was NOT “ the only official record or memorandum ” from which the amount ( face value) of the bonds purchased for the sinking kind could be ascertain! but, to the contrary, if the said warrant book were to be stolen or destroyed amount of bonds purchased for the sinking fund (the face value) could be res ly and accurately ascertained from the original orders of the commissioners of sinking fund filed in the second auditor s office ; and it these original orders well as the said warrant book were to be stolen or destroyed, then from the or. nal warrants signed by the second auditor and attested by one of his clerks filed in the treasury office as the treasurer's vouchers the same information cc be readily and accurately ascertained. And, in fact , the amount of bonds ). phased for the sinking fund cannot be authentically ascertained at all fra/n 73 irrant book oj the sinking fund , as kept in the second auditor's office, unless the id warrant book be verified by comparison with the said original orders and irrants. Thus you see, Mr. Wise, the supreme court of appeals, in affirming the judg¬ ing and sentence of the court under which I have been made to suffer a degrad- X imprisonment, were misled and deceived as to the matters of fact —by the itimony of the second auditor, as certified to them by the judge of the nisiprius urt; for by the highest class of evidence known in jurisprudence—the supreme d incontrovertible testimony of physical facts—I have proven that that testi- iny, thus certified as aforesaid, was absolutely and essentially false both as to the nor matters of detail and the graver particulars of which it purported to be a le statement. And here I wish to reiterate what I declared in the beginning; namely, that what I say it is my purpose, as far as human nature will permit me, to speak vith malice towards none—with charity for all.” And in making this exposure the untruthfulness of the second auditor’s testimony my object is to denounce : injustice which has been done me under the forms of the law, and not re- lgefully to arraign the second auditor as a perjured witness whose motive in >e-swearing was to make it appear that he had performed the duties required him by law. In laying the proofs of his false swearing before you, Mr. Wise, s with no expectation that you, as the attorney for the commonwealth, will nsecute him for perjury, for I am aware of the statute which limits a prosecu- i f or perjury to the period of three years after its perpetration ; and I was ■ it in prison longer than three years after the perjury was committed by means i which I was sent to prison. “ With malice towards none—with charity for i I harbor no design of revenge; but it is not a pleasant reflection that it was i means ol such testimony as this that I was convicted of a crime which I never < imitted, all my earthly prospects ruined, and all the sweetness taken out of life pme. i In this connection, I wish to relate an episode, which, though, in point of time, 'latei date can be most appropriately related here. It is as follows : Nearly a jsr after my incarceration I was at last permitted to see a copy of the opinion of fi supreme court of appeals, affirming the judgment of the nisi prius court in case. It has since been printed in Grattan’s Reports, and I beg you, Mr. 'V’e, to refer to it in this connection. On reading it, in my cell, I discovered jlp speedily that the supreme court of appeals had been misled and deceived by ill false testimony of the second auditor as to the matters of fact, as the same n certified to them by the judge of the nisi prius court. But I was utterly nzed on reading a certain passage in the text of that opinion to which I now *i. to call your attention. The points (gathered from the testimony of the send auditor, to which the court refer) which purport to define the character of Jcvarrant book of the sinking fund and designate the purposes for which it was Hi ed to have been used are recapitulated, and thereupon the court cite learned U oritaes and declare their opinion that the said warrant book is “ a public -('id. But furthermore, the supreme court of appeals put themselves upon the -c :d as follows, to wit: And we are fortified in this view, by the fact known to us judicially, that the second audi- 'q ho, as we have seen was a member of both boards, has, since the creation of the new sinking Continued to keep in his office the record of the transactions in relation to the sinking fund, the 22nd section of chapter 42, code of 1873, precisely as he did before the new sinking tfljvas established ; and has annually reported the same to the legislature, as a portion of the M.ctions of his office, without any intimation to him on the part of that body that he was •tij ng authority, or any amendment or repeal of the law under which he was acting.” 74 I was utterly amazed on reading this, for I do not believe it possible to f another instance in which, in assigning the reasons a priori for the conclusions < learned court, there is stated in so small a compass so much of untruth and same affirmed ex cathedra to be a “fact known to us judicially.” First.—Contrary to the affirmation of the supreme court of appeals, statutes of Virginia declare that the second auditor was not, and should not a member of the board of commissioners of the sinking fund as that fund ' established prior to the passage of the “ funding bill,” [see code of i860, chaj 44, section 6] ; and his duties under the law establishing that fund were incom] ible with membership in a board to manage it. [See same chapter of the c of i860.] But more than twenty years after the establishment of the sink fund of which he was not one of the commissioners, a new sinking fund established by law radically different from the former sinking fund, and he then, and not till then, made a member of the new board to manage this 1 sinking fund [see “ funding bill.”] Second.—Contrary to the affirmation of the supreme court of appeals, if now, Mr. Wise, will compare the “ records in relation to the transactions of sinking fund ” prior to the passage of the “ funding bill ” (which were, indi “ kept ” in the second auditor’s office, but only in the sense of being depos, there for safe keeping), you will find that the said records are not only not “ 3 cisely like ” the warrant book of the sinking fund as kept in the second audit office, which is the only “ record of the transactions in relation to the sinf fund,” which it is even pretended that there has been kept “ since the new sink fund was established ” by the second auditor , “ under the 22nd section of chal 42, code of 1873,” but you will find that these two “ records ” were absolui and essentially different from each other. They differ from each other, fui mentally, in respect of the underlying system upon which they were, respecti kept; they differ from each other, essentially, in respect of the characteristics qualities which can alone give the weight and title of authenticity to a pi record ; they differ from each other, practically, in respect of the nature, cha ter and extent of the information which they, respectively, contain as a “ re of the transactions in relation to the sinking fundand they differ from 1 other, absolutely, in respect of the purposes , as sources of information, for w they were, in fact, respectively, kept and used. It is, I respectfully submit, < cult to conceive how two such things can more entirely and absolutely differ ) each other than a physical comparison between the records cf the old sin fund and the “ warrant book of the [new] sinking fund, as kept in the sec auditor’s office,” proves that they do differ from each other; notwithstanding affirmation of the supreme court of appeals to the effect that they are “ prec alike.” Third. — Contrary to the affirmation of the supreme court of appeals, I already hereinbefore conclusively PROVEN by the supreme and incontestible iestit of physical facts that the second auditor, up to the date of my trial, had “ annually reported the same [the transactions in relations to the sinking fum the legislature, as a portion of the transactions of his office.” For I have prc that the second auditor had never made any report, annually or other “ of the transactions in relation to the sinking fund ” either as “ a portion 0: transactions of his office,” or otherwise. Now, I think it must be conceded that an “ affirmation ” by the sup: court of appeals (supposing that they were to make such an affirmation) tha bed of the Potomac river is on the same level as the summit of the Peaks of 0 could not make that A fact in spite of the proofs which physical geogr; adduces to the contrary; and no more does their “ affirmation ” now that it 1 1 5 t known to us judicially ” make it true that the second auditor has annually lorted to the legislature, “ under the 22nd section of chapter 42, code of 1873,” ; transactions of his office in relation to the sinking fund, in face of the fact to : contrary that all of his reports have been examined and found to contain no :h thing. On reading the passage I have quoted in the “ opinion ” of the supreme jrt of appeals, I was struck with amazement, and no doubt you, Mr, Wise, will astonished on reading it now. In my meditations on the subject, I felt, as a rginian who loves his state, a painful regret that that august tribunal, our rreme court of appeals, should have put themselves on the record as giving their licial sanction to a falsehood. I did not think that they had done this injury to : because of any personal feeling against me ; but I believed that they had done hrough inconsiderate haste. It illustrates the indecent rapidity with which the Dceedings in my case were rushed through , from first to last. If the object had m to get me into the penitentiary as quickly as possible, before the fury of blic indignation which had been cunningly aroused against me, should have le to cool and react in my favor upon a full development of the facts, a better n could not have been devised than that pursued. I would fain believe that supreme court were not conscious that they were bending to the popular nor for the punishment of a prisoner accused (though falsely) of stealing public ds. With a patriot’s sincere desire to save the highest court in the state from the is of public confidence which I feared it might sustain, but with no motive of self- 3 -rest whatever, I conceived the idea of privately communicating the facts I have ; related to one of the judges of the court, with a view of affording an opportu- f, if possible, to amend the opinion by striking out the passage I have quoted, vordingly, I got the superintendent of the penitentiary to send a note for me to h. Jos. Christian, one of the judges, requesting him to come and gi„ve me an 1 rview. I made this request of him because I had learned that he was not on ii bench when my case was before the court, and, as a matter of delicacy, I light it best to make the communication to him rather than to any other mem- eof the court. Having also heard that he was on terms of great intimacy with Kemper, I was afraid he might be deterred from visiting me by the idea that i ght solicit his good offices to obtain a pardon for me; and therefore in my 0 I took occasion to disavow any such intention and assured him that I wished ) immunicate with him only on a subject of interest to the court of appeals, hr a delay of more than a month, Judge Christian did visit me, arid I com- u icated to him the facts as I have related them herein. At the close of the it-view Judge Christian suggested to me that if my friends would get up a e ion to Governor Kemper for my pardon on the condition that I should leave i) inia and never more return, he thought Governor Kemper would pardon me. ■If aid he was so confident of it that he would be “ almost willing to guarantee r And then he added some encouraging references to what he was pleased to il ay “ talents and acquirements,” and said that if I would go to “ a new country” -Uorado he thought presented the most inviting field—I could rise to a high qsion in the world. My response was in these words, to wit: “ Judge Christian,. 1 1 /ere to ask the governor to pardon me on the condition of expatriation it o-I be tantamount to a confession that I was guilty of the crime of which I was Is y convicted. Sir, I have never committed any crime yet, and I will rot in ■1 i 'i before I will do or say anything which may even imply that I have.” And e' upon he left me. ■ , n reply to all this, I know that I may be answered that even if it be conceded a 1 he character and importance of the warrant book of the sinking fund, as a 7G record, and the purposes for which it was used, as a source of information, wt falsely represented in the testimony of the second auditor; and that the judic declaration of the supreme court of appeals to the effect that the said testimo was “ fact known to us judicially ” was also in reality false ; and even if it further conceded that the real facts in the case fully prove that the said warn book was not a public record and therefore could not be, in law, the subject of t crime imputed to me; yet all my labor in proving this has only been upon t line of now supplementing the efforts made by my counsel to secure my esca from the penalty of the law by means of a “ legal stratagem.” And I know tl I may be told that neither facts nor arguments upon that line can affect the mo aspect of the charge upon which I was tried. In the present consideration of i case, truth and justice are to be regarded, but not such technicalities of the law 1 may chance to favor the acquittal of the guilty. I think I may justly claim the right to save the point that my whole cat was staked by my counsel upon their own voluntary suggestion, upon their pi fessional success as “ legal strategistsand that, without any fault of mine, th thus lost my case through ignorance of the real facts or through a failure to p sent them ; and that, therefore, my false conviction was the consequence of ine cient defence and not a proof that I was in reality guilty. Since, therefore, r only chance of “ acquittal ” was in an appeal from the judgment of the nisipr. court to the supreme court of appeals, through which, as Mr. Royall inferred in note to me after my trial, my counsel expected “ a reversal of the verdict, think I have the right to present the disproofs of the testimony as to matters fact by which the appellate court were misled and deceived in forming th opinion affirming, instead of reversing, the verdict. Saving this point, I ; quite willing to admit that the question to be considered is not whether the w rant book of the sinking fund is a public record and, as such, capable of bei forged ? But it is : Is the fact charged against me in the indictment tri namely, Did I, in reality, make an erasure in the said warrant book, with int thereby to defraud the commonwealth ? If it were possible, I would gladly go to trial now, de novo, upon this chai before any impartial jury of my countrymen, and ask no favor but a fair tr But as this cannot be done, I propose to prove to you, Mr. Wise, that the chai is false. In the first place, you have seen from my references to the orders fi in the second auditor’s office, and the warrants filed in the treasury office, t I could not defraud the commonwealth by making any erasure in the warn book of the sinking fund ; because these orders and 'warrants would be a prom and effectual check to prevent it. As it was known to me that it was thus imp sible to defraud the commonwealth by making an erasure in the warrant book the sinking fund, if I had attempted to do so, I ought to have been put une “ peeler ” bonds, amounting to $660, were, as I have shown, my own fyerty, of which I used $600 to put up, as security, for the money I had lost at play in the gambling-house of this witness. The coupons were detached coupe belonging to the said bonds. I do not attempt to extenuate, far less to justi my folly and wickedness in gambling against this professional gambler, or even entering his gambling-house, at all. I am heartily sorry for it and have deep repented. But yet, in all humility, I think I may justly claim that such “ gent manly dissipation” is not criminal, though wicked and foolish; or if criminal ; cording to the rigid moral code, yet not of so grave a degree as to deserve t merciless infliction which has been visited upon me. In your great zeal, Mr. Wise, to secure my conviction, I well remember hc ! in your address to the jury at my trial, you truculently assailed me with a shov of opprobrious epithets. In one of your rhetorical flights you denounced me 1 “ hawking the bonds of the commonwealth in the faro-banks of the city.” the time you did this, I was a helpless prisoner at the bar, in the hands of the h and compelled to endure, in silence, all the denunciation which, for effect upon l jury, you chose to heap on me, and the court permitted. I wish to say now tl 1 harbor no bitter resentment towards you ; because I think the injustice you ( me was born of your great zeal to discharge your duty, as a public prosecut especially in a case like mine where the accused had held high position in t counsels of the political party which elected you to the office you held. And yet, with no animosity towards you, Mr. Wise, I cannot but reflect t! in the instance indicated you were but “ substituting the delusive glitter of a liv and pompous eloquence, in place of sound statements and reasonable cone sions.” For, as I have just shown, there was no evidence, whatever, that the bor in question were “ the bonds of the commonwealth except in the sense that tl were her promises to pay ; and there was also no evidence, whatever, that I was e - in any ol “ the faro-banks of the city ; ” unless upon the presumption that t jury personally knew that your two witnesses were professional gamblers and tl “ places of business ” faro-banks. That they were such, however, might h; been shown by the records of the court, had you chosen to produce the s records of date just two years prior to my trial. The said records would h; shown that your two witnesses had been indicted by the grand jury for keepin faro-bank. Also for unlawful gaming. But it appears that they effected so sort of a “compromise” by which they were allowed to plead “guilty” to unlav gaming, which is punishable by a small fine; and nolle prosequi was enterec to keeping a faro-bank, which is punishable by fine and imprisonment; and t they “got off” and resumed their operations, each at his same “ place of b ness.” There is a tradition related of an eminently illustrious Virginian, referena which I crave permission to make in this connection. He, when young, posses such talents as excited high hopes of his career. But, in an evil hour of idlen he learned to play billiards and became so infatuated with the game that he n lected his vocation. Finding that he could not be weaned from this fascinat pastime by persuasion or appeals to his reason, his friends w ho were influer with the legislature, procured the enactment of a law imposing so heavy a upon billiard-tables as to practically drive them from the state. Thus freed fi temptation he devoted himself to his profession, and achieved a noble succes life as Chief Justice Marshall of the supreme court of the United States. I purpose of my reference to this tradition, Mr. Wise, is to suggest that if yoi« prosecuting attorney, and the same court which tried me, had enforced the* against these two witnesses when they had been indicted by the grand jurjl might have been better for me; because up to that time I had never indulge! the “ gentlemanly amusement ” of losing my money at faro. Whatever may be the opinions as to all that I have hereinbefore related, 81 am now about to show will at least interest every lawyer, 1 think. One of my -Poses m presenting the full text of the indictment on which I was tried, as I at he outset hereof, was that I might conveniently refer to it in this connec- tn. Please examine it now. The specifications of the offence imputed to me e therein marshaled as follows : (t.) That I was a public officer; to wit, Secretary of the Commissioners of e Sinking Fund. ( 2 .) The book, or record, alleged to be the subject of the crime imputed to s is descubed as “ the warrant book of the said sinking fund.” ( 3 -) The fact alleged is “ falsely and corruptly erasing the figure i,” etc., in id warrant book “ with intent to defraud.” Now when the law prohibits an act and declares it unlawful, it also prescribes punishment to be suffered by any person found guilty of the act prohibited, len tie jury pronounce the person guilty of the fact alleged, it is the province I the co f rt to enforce the sentence prescribed by law, whether the crime be trea- i, muider, arson, larceny, or whatever it may be. And the court may not law- -y sentence to any heavier punishment than that prescribed by law. What r. * ? Punishment prescribed by law for the offence imputed to me as specified 1 ie indictment on which I was tried ? Here it is as you will find it in the code 1073, chapter 190, section 22. Section 22. If a clerk of a court, or other public officer, fraudulently ; sentenced by a circuit, or corporation, or hustings court to death >n nement in the penitentiary, ask for time to apply for a writ or error, the »l C rning (May 6th, 1874), I was taken by the jailor to the penitentiary and turned ir to the authorities there for incarceration. Thus twenty-two days before the ler of the court authorized it to be done, was I subjected to the hardships and niliations of a convict’s life, for a crime which I never committed, but which, had been guilty of it, was punishable under the law by imprisonment in jail exceeding twelve months. Such was the vehement haste to get me into the penitentiary where as in iving grave,” I should not be able to make that appeal to public opinion ch I contemplated, that time was not afforded even to the clerk of the court nake a copy of the record in the case, as required by law, to be delivered at penitentiary with me, and I was taken there and received as a prisoner by officer acting as superintendent, without any copy of the said record at all, forthwith locked up in a loathsome cell. Apart from the fact that the jailor taken me to the penitentiary twenty-two days before the order of the court iiorized it, yet without a copy of the - record in the case as required by law, it i as unlawful to receive me as a prisoner into the penitentiary, as it would be sceive any citizen who walks the streets of Richmond to-day, if kidnapped 1 taken there. In striking contrast with this summary method of immuring me was the iner in which, a few months later, a professional gambler was treated, who, judge Guigon intimated in a published letter) had been a zealous agent for lin “ small-fry politicians ” in Richmond. This man had been convicted of fing an elderly gentleman from the country, and when the jailor, inKcompli- l! with the order of the court (and not against it, as in my case), was conveying to the penitentiary he was stopped on his way by a messenger from the utive mansion—one of the Governor’s aides-de-camp—with an order from , Kemper, directing the man to be returned to the city jail; and he was kept e several days, while Gov. Kemper was “ considering ” whether he would on him or not. For many long and weary months after my summary and unlawful incarcer- ^, the. misery and wretchedness of my situation were too distressing to be fibed. I disdain the argumentum ad miserecordiam and will not dwell upon tory of the wretchedness I suffered. There was only one method by which I could obtain relief, namely, by peti- 1:0 the executive. Under the law, in a controversy touching property there recourse from the decision of our highest court; but a citizen’s life or liberty re precious than his property. The law has therefore provided that where ■ liberty is at stake there may be a recourse for the citizen even beyond the st tribunal of the law. This recourse is to the sovereign. In America, where sovereignty resides in the people, one of its highest attributes—that pardoning,—is vested in a chosen agent of the * people, because a plebiscitum every case would be impracticable. In the federal goverment, the President this agent; in some of the states it is a commission called the court of pardoi in Virginia it is the Governor. But in whatever agency vested, it is a function be exercised bv this agent with reference to the will and pleasure of the princip namely, the sovereign people. It is not a prerogative of the person who ho’ the office ot Governor. And the right of a citizen, when overwhelmed by m fortune as I was, to petition the sovereignty of his country, (albeit the exerc of its munificence be vested in an agent) is as sacred as the right of petition unc any other circumstances. But, as has been seen, the most summary measu' were taken to deprive me of the opportunity to petition, by executing the juc ment against me, twenty-two days before the time designated in the order of t court which pronounced the sentence. Indeed, the course pursued against i was such as might have been inspired by the spirit of the Fehmgericht, fr< which the precept comes that “ dead men tell no tales.” After my incarceration, of course, I had no opportunity to petition. Besid I was repeatedly admonished that any petition from me to Gov. Kemper, wot be unavailing. Members of the legislature, who had been my personal frien occasionally visited me, as under the law they were privileged to do, and evt one of them told me that even the favorable mention of my name to Gov. Ke per invariably excited his ire. On one occasion, as I learned, several members the legislature together visited the governor in his office, and one of them spc of me in a kindly manner. Gov. Kemper, with a warmth which was aim wrathful, took up the subject and exclaimed against these kindly expressions my favor by members of the legislature. Becoming excited by the conv'ersati he rose from his chair and paced the floor, vehemently haranguing his visit in a sort of cabinet speech against me, vindictive in spirit and full of invecti I relate this incident as it was told to me, and has since been corroborated substance, by you, Mr. Wise, \Vho was present in the governor’s office on t occasion, as I have been informed. All this, let it be remembered^ was before any petition in my behalf had b< presented to Gov. Kemper, and at a time when I was deprived of even the j portunity to petition. What chance could a petition in my behalf have had a fair and impartial consideration at his hands ? Mindful of the lact that the people of Virginia have once chosen G Kempertto the highest position within their gift, I will make no reflections, u[ him. When Saint Paul was brought before Ananias, he essayed to assert innocence, but was ordered to be smitten in the mouth. The apostle denoun Ananias for thus denying him a hearing, “ contrary to the law,” and threatei him with the vengeance of Heaven—“ God shall smite thee, thou whited wal But being reminded that he was addressing the High Priest, he humbly submiti without another word ; because, as he said, “ it is written, Thou shall not sp evil against the ruler of thy people.” Yet, surely, I may be permitted to s gest, in the language of Gibbon, that “ We may learn from the example of C that a character of pure and inflexible virtue is the most apt to be misled by [ judice, to be heated by enthusiasm, and to confound private enmities with pu justice.” At the same time that I was thus summarily immured in a convict’s < treasurer Mayo was conveyed to a lunatic asylum, he having been adjudged sane by a commission de lunatico inquirendo. About eighteen months after my incarceration, I was informed that he recovered from his lunacy and was to be speedily tried upon certain indietm< bich had been found against him by the grand jury. These indictments were r the larceny and embezzlement of state bonds belonging to the state treasury f,° n , 10s< ; missi ng from the sinking lund. I became apprehensive that at his al advantage might be taken of my situation to exculpate him at my expense, therefore got permission from the prison authorities and sent a note to Hon. tnes yons requesting him to visit me. That gentleman obtained a permit from and Came t0 r See miS : - 1 re< d uested him to appear at treasurer y , i t0 P ro ^ ect me from the injustice I feared would be attempted and he m m S °i , , thls in , terv . levv he advised me to petition for a pardon which M V ° U d accorc | ed in order that I might be used as a witness against 11 i fu°' m i declined to do it. I bad committed no crime myself and te’s evidence 1 ”^ ° f C ° mg an}thing which mi ght imply a willingness to “ turn In order that Mr Lyons might act advisedly in my behalf, I proposed to put ;TT P u S !f SS10r } ° f die real facts ; and to that end offerred to read the paper ch i had partly written in the city jail before my removal to the penitentiary ; p which paper I have transcribed the greater part of the statements contained nis communication to you, Mr. Wise. At this point Mr Lyons informed me that he had brought with him Jo. Lane rn, Lsq., a young lawyer who was his professional associate, and proposed to m fr™ - m \ f ke pa , rt in th f inte rview. 1 ver y willingly assented and Mr. n was invited in and entered with us upon the business in hand. I then read em considerable portions of the paper, embracing the material matters. Both t emen were impressed by the facts, and advised me to finish the paper, which n the form of a petition for executive clemency, and let it be submitted to the Zu r ’ mterview closed with the understanding that I would do so, if T get the “pessary permission and facilities ; it being also agreed that , Lyons and Stern would appear, for my protection, at treasurer Mayo’s .which was to take place in about ten or twelve days. On the Sunday before the day fixed for this trial, Mr. E. Carrington Cabell prosecuting attorney for Richmond city, came to see me and bv permission e prison authorities, conversed with me in nrivat<= .• i • . ... v-lty j LU w __ ae prison authorities, conversed with me in private. He informed me that, in rLLrln W ? U d be atte . m P te d to exculpate treasurer Mayo at my expense t0 g lv e him information as to the facts so that he could conduct orosecution successfully. He said that the counsel for treasurer Mayo were learned, and experienced lawyers, and he needed a full knowledge of the t 1 f g ’ uldan f e and assistance. He also hinted to me that a certain witness fisedtWY 7 h ° m i 16 nan ? ed -.Y° t uld “ swear very hard” against me, and used that if I would comply with his request he would make it to my interest f e ?. ly } declined to entertain the idea of benefiting myself in the manner n ?^ ated - 1 ' vould toll him nothing except with a sincere purpose to pro- ie ends of truth and justice. I then told him that Messrs Lyons and Stern iL,c P tu ar - a !- treasurer Mayo’s trial to protect me, and referred him to them, tnus the mterview ended. \Jessrs. Lyons and Stern, however, found no occasion to defend me at treas ravo s trial, for he successfully pleaded non compos meniis—and was released .e and set at liberty. fc C ° aseqUenCe ° f fadln ? health, Mr. Lyons was unable to visit me any more f', t , Crn came several times. Bv his advice and that of Mr. Lyons, who * submit”'S e foilows? rm,SS,0n 1 Prepared * petiti0n ’ * of » hid ’ 88 PETITION OF WILLIAM D. COLEMAN. To His Excellency, ) | ames L. Kemper, Governor, >■ of the Commonwealth of Virginia. ) Sir: —The humble petition of the undersigned respectfully sheweth as follows: At the March term, 1S74, of the hustings court of the city of Richmond “ a true bill found by the grand jury thereof on each of two sepaiate indictments against your petitioner felony: One for the alleged larceny and embezzlement of certain securities for money of property of the commonwealth of Virginia ; and the other for the alleged forgery of a cer public record. At the same term of the said court your petitioner was summarily arraigned ;: without adequate opportunity to prepare his defence— without even a single consultation conference, with counsel hurriedly sent from a distance to conduct his defence, by a friend, (; petitioner himself being then ailing in body, enfeebled in mind, and broken in spirit; wit! means, locked up in gaol, and otherwise prevented by circumstances from obtaining the as: ance of counsel in the city of Richmond)—was precipitately hurried to trial, thus unprepa: and was falsely convicted upon the indictment for forgery :—the prosecution having electei try him upon that indictment in preference to the other (although the said other indictment, the alleged larceny and embezzlement of public property, comprised the real crime, if any ci your petitioner had committed) because, as your petitioner fully believes, it was intended (as afterwards actually done) to use the false testimony of Col. Jos. Mayo jr., purposing thereb; prove a pretended “ confession ” by your petitioner of the said alleged forgery ; whereas, to ( vict your petitioner of the crime alleged in the other said indictment there was not even pretence of any evidence—as was soon after fully shown by the virtual acknowledgement the on the part of the attorney for the commonwealth, implied in his entering on the docket “1 prosequi ” as to that said other indictment. In accordance with the verdict of the jury, your petitioner was, on the 2Sth day of Ma 1874, sentenced to the harsh and unjust punishment of imprisonment in the penitentiary for term of four years for the alleged forgery of a public record, namely, the warrant-book of sinking fund of the commonwealth of Virginia—a crime which your petitioner not only m committed, but which he never in all his life conceived the idea of committing. But, during the progress of the trial, however, exceptions were filed to certain rulings of •court by your petitioner’s counsel; his several bills of exceptions were received, signed, sealed by the court, and, at your petitioner’s request, (through counsel) the judgment was p poned for sixty days. Thereupon, application was made to, and a writ of error ami superse awarded by one of the honorable judges of the supreme court of appeals. In this last-nai court, the cause came on to be argued on Wednesday, April 22d, and on Wednesday, April 2 their opinion was rendered, affirming the judgment of the hustings court. It was about this point of time in the progress of affairs when your petitioner first felt 1 self sufficiently recovered in bodily health, mental strength, and vigor of spirit to look intc case himself, with a view of ascertaining for himself, the legal points of the prosecution aga him. A copy of the record, as certified to the appellate court by Judge Guigon, had been cured for your petitioner, and this he now examined. It was at once, or very speedily, discovi that the appellate court had been misled and deceived in the matter of forming their conclusi ( Because : (1.) Their opinion was based upon the representations of the'matters of fact of case as the same had been summed up and certified by the nisi prius court. (2-) In Jr Guigon’s certificate as to what were the facts in the case, as the same had been deposed by nesses and given to the jury, your petitioner found several very material points, represented t matters of fact, which your petitioner knows, and which he could then have proven — ana now prove —were not matters of fact at all, but exactly the reverse. Your petitioner there believed—and does now believe—that if the real facts had been embodied in Judge Guigon's cei cate to the supreme court of appeals, their opinion would have been the reverse of what it was. The misfortune of your petitioner was (it was now revealed to him) that his own coui having had no conference with him by which they might have obtained the necessary infou tion, had been ignorant of the real facts, and hence had not been prepared, when the easel before the nisi prius court, to defend him there judiciously. But your petitioner was advised that there is no remedy at law for such an anomaly a error in the opinion of that august tribunal the supreme court of appeals ; and therefore dial had no recourse except to the sovereign power of pardoning which, by their organic law! people of Virginia have entrusted to the discretion bf the chief executive of the commonwej With intent, therefore, to seek the relief thus obtainable’according to law, your petitioner I went to work at once to prepare a petition to Your Excellency ; purposing in the said petitid 89 late the truth, the -whole truth, and nothing hut the truth of all the matters touching his unhappy ase, and to prove his statement true upon every point which might admit of question. For yo n etitioner did then believe—and does now believe—that if full knowledge of all the facts were id om Excellency s possession fou would not hesitate one moment, but would instantly aff md your feti- onei at least the relief of his personal liberation by exercising in his behalf the sovereign attribute of ardomng with which the good people op Virginia have empoweied you. As has just been stated, the order of the court postponed the judgment for sixty days. Although etoietne expiration of that period the opinion of the appellate court was rendered, yet ‘the tii op t te court which tried the case remained unchanged, and was itself, in fact, affirmed in connec- on with the judgment. Your petitioner therefore held—and still believes—that he could not w idly be subjected to the punishment to which he had been sentenced until the time indicated : the order of the court. This postponement of the judgment by order of the court had in fact ereiore the force and virtue of a short respite to the benefit of which (albeit perhaps not thus tended) your petitioner had a right he thinks. With this view in mind, your petitioner pro- eded in the preparation of his said petition, confidently expecting to complete the same before le expiration of his respite. It was your petitioner s purpose to publish his petition as well, as to present it to Your Ex- , enc), ecause he had become aware that public sentiment had been atrociously perverted to - enoimous wrong and injury, by means of monstrous falsehoods published in the city papers 1 otherwise disseminated, and he wanted the public to know the real facts, through your owledge of which, itr he should prove the same to you, he fully believed and confidently expected it l our Excellency would pardon him without delay. I ll e order op the court postponing the judgment for sixty days was entered of record on the it day ot March ; the respite, therefore, would not have expired until the 28th of May. But ednesday, the 6 th op May at 5 o'clock a. m. the gaoler came to your petitioner’s cell in the '{ » ao and notified him that at 9 o’clock that same morning he must be ready and would be [loved and conveyed at once to the penitentiary. This gaoler had previ. usly promised your jitionei that in the event of his removal to the penitentiary at any time prior to the 28th of If y 0 u r Petitioner having claimed his right to the respite implied in the order of the court and Djtestec against any earlier removal) lie would, at least, give him notice several days b fore- r , and now, 111 notifying your petitioner of this most summary removal, he stated that he I received an order to that effect the previous night after nine o’clock, wlvn your petitioner I been locked up for the night. He then handed your petitioner a letter that, he said, had ■ie the previous evening. It was a very friendly letter from a reporter for a city paper statin^ . tere was a repoit current that your petitioner was “preparing a succinct statement 01 sinking fund matters, and proposing to publish the said “ statement ” in his paper. That - e wa . s > mc T ed ' such “ a re P ort current” in the city, your petitioner had also been informed I previous afternoon (Tuesday, the 5th of May) by a certain gentleman, well known to yout .oner as an intimate and confidential friend of Cl. Mayo. This gentleman visited your turner in the gaol on that occasion (he had previously called at the gaol for the same purpose, t illed to sta e his business because of interruption) as the bearer of a proposition, (or what 1 virtually a proposition) to the effect that if in the “statement ” which it was reported your |.ionei intended writing he would so represent affairs as to exculpate Cel. Mayo that then cer- Ij veiy influential friends of Col. Mayo would use their great “ influence with the governor ” ■secure for your petitioner Your Excellency’s gracious pardon. Your petitioner refused ■jrtain the “ proposition. ’ i jin obedience to the gaoler’s order your petitioner now made hasty preparations for his pre- fa e removal to the penitentiary, though still protesting against it ; and at 9 o’clock that day, ac- ii'o I yo “ r P etl 1 , "f r v ^ as conveyed to the penitentiary, therein incarcerated, and subjected If 6 , ds .'P s f, nd humiliations and degradations of a convict’s life, all of which he has been Iff.,? continually to endure ever since. Thus, twmty-two days before the order of the court U used it to be done, was this penal servitude imposed upon your petitioner for an alleged crime I t he never committed If the judgment had been death ins ead of this imprisonment 1 vour Petitioner would then willingly have preferred) it would have been as lawful to hamT «u>e ore the day tppointed by the court as it was to imprison him in the penitentiary. H especially embittered this premature imprisonment was that it deprived your petitioner °* l y °PP°rtumty he had had to state and prove the real facts in his unhappy case. ' He is firm l v Maded and has ever been, that if. before he left the gaol, he could have completed and stib- 11 o Your Excellency the “ statement,” with the proofs, of all the facts which he was pre^ Ef ' ' 0l m° r executlve clemency that Your Excellency would have pardoned him ai d he wouId never have been conveyed to the penitentiary at all. Moreover, this lave established vnnr npfiHrm^r’c ti'n* «-l. - _ J Z ' , would have established your petitioner’s true defence— the counsel sent from n 1 r * 1 f ha f e defend him are, to this day, ignorant of the real facts, and, in their ignorance real facts, they, unfortunately, attempted a fatal, false defence —,and the publication of tfa* 90 true defence namely, the real acts of the case ami the proof s thereo , would have disabused the pu lie mind of the atrocious falsehood, by which it had been perverted to his enormous injury ar unjust execration. But this unlawful premature incarceration in the penitentiary like a burl in “ a livin" crave,” effectually frustrated all your petitioner s purposes, and expectations of tl description indicated ; for he was forthwith set to manual labor as a convict, the manuscript his petition, which he had partly written in his cell before leaving the gaol, and which he ca lied 1 on his person when removed to the penitentiary, was taken from him, ano all facilities ai opportunity for the execution of his purpose were denied him. After he had been in the penitentiary some months, however, his renewed request for I manuscript was complied with, and then (as a notable indulgence for exemplary good conduc he was not prohibited from writing at such rare opportunities as he could glean from the hou allotted to needful rest and sleep.; but with neither time nor facilities afforded him and up. his pledge of honor that when the petition should be completed it snould be forthwith deliver to the superintendent without letting any other person, without lus express permission, ev read it. Thus hampered, incommoded and restricted, your petitioner has, as well as he com proceeded through many weary months in the preparation of his petition ; sometimes not bei able to write a single line for several weeks, and nrely ever more than a few pages at a tim sometimes in physical pain, and always with anguish of spirit ; but with resolute purpose, nevi theless, to continue the task to its completion. . . , . , And he had completed it, or nearly so, when, some weeks ago, he learned a fact which ma rially altered the aspect of certain matters connected with his case. This fact was that Col. Mayo, through whose false testimony alone your petitioner was cc victerl—for there has never been a syllable of evidence adduced connecting your petitionei w the fact alleged to be a forgery of a public record, save only the pretended “ confession which this witness falsely deposed; and it was upon that charge alone your petitioner has be tried, was convicted, and for which he is suffering now this unjust punishment—had been c charged from the lunatic asylum of which he had been an inmate since your petitioners conv - had been himself indicted, and would speedily be tried for the alleged larceny a i ll- . r V ' 1- .liorl KuAn fnrmPrlV IlPf*! lion : embezzlement of the public property of which your petitioner had been formerly accus Deeming this fact important to the interest of his cause,-and vaguely apprehending that so advantage might be taken othis imprisonment and enforced silence to exculpate Col. Mayo at y petitioner s expense , he humbly besought the superintendent for and obtained permission to wi a note to an eminent member of the Richmond bar, formerly a friend to your petitioner, entre ing him for his advice. This eminent lawyer, (having first obtained \ our Excellency s kind on directing the superintendent to allow it,) came and held an interview with your petitioner. 1 superintendent kindly permitting it, your petitioner exhibited to this eminent lawyer the petit he had prepared, though it was still not quite complete. After the reading of portions of lie advised your petitioner to finish the work as soon as .possible and-let it be at once submit to Your Excellency ; and so your petitioner determined to do. But, a few days after this, your petitioner was informed that in the matter of the prosecu! against Col-. Mayo, a jury had adjudged, by verdict, that he is now still insane, and that he insane during the whole period, dating far back anterior to and including the date of thealle larceny and embezzlement of the public property for which .he was indicted, and embracing period of your petitioner’s trial, when, upon his false deposition, your petitioner was convii of a crime which he never committed. In your petitioner’s apprehension the materiality of new development could not be over-valued; for it was, in fine, the disclosure and establishm in authentic legal form, of a most material fact hitherto not legally affirmed and never c suspected by the jury at your petitioner’s trial, which altogether altered your petitioner s c affording abundant legal proof {ox demonstration beyond dispute that your petitioner is n guilty criminal, but the unfortunate victim of a madman’s vagaries. About the same time when your petitioner learned the verdict of the jury affirming J Col. Mayo is and was insane, he was informed by the superintendent that, (at the request of same eminent lawyer whose kindness in visiting and advising your petitioner has been grate mentioned) Your Excellency had graciously ordered your petitioners exemption from labo two days, with permission to employ the time in finishing his petition. But at the same your petitioner was informed that Your Excellency’s public engagements are such, and wil some time to come continue to be such, that you cannot devote that time and attention to petitioner’s case which are necessary to the careful reading and consideration of his peti and the examination of the proofs which accompany it. For the petition is, of necessit unusually long one, covering over six hundred pages. »] But every hour of delay to consider your petitioner's case is a prolongation of the hard and humiliations of his present situation which if Your Excellency’s engagements perm you'.to examine the proofs lie would prove to you ought never to have been inflicted on h all. In view therefore of this exacerbating fact, and with the hope to obtain n more sf i 91 release from his sufferings by presenting his case in such a shape as to meet the requirements of . U1 Excellency s present convenience, and thereby merit your immediate attention, your peti- tionei has used, or rather is now using, in the preparation of this present paper, the opportunity kindly allowed him by Your Excellency’s gracious order exempting him from labor for two days. -Briefly now, therefore, if Your Excellency please, your humble petitioner begs leave most humbly to submit as follows : That, whereas, it has been juridically decided that Col. Jos. Mayo, jr., is a lunatic , and that he was a lunatic long before, at the time of, and has been ever since your petitioner’s trial; and, whereas, it is well known to Your Excellency that the said Col. Jos. Mayo, jr. was a material witness for the prosecution against your petitioner, and that, in fact, apart from his deposition ' vas V 0 *’ a w01 4 °f evidence adduced by which your petitioner could have been connected with the ciime of which he was convicted, and for which he is now suffering a degrading punish- nent. Now, therefore, that these facts alone afford quite sufficient grounds on which your peti- lonei may confidently, but submissively, beseech Your Excellency for pardon and liberation. All of which will appear the more cogently conclusive in the light of further facts as ollows: Because, no hint or suggestion of this witness’s insanity w r as given to the jury at your peti. loner’s trial. . . Because, no conference or consultation between your petitioner and his counsel hastily sent rom a distance having been held, they did not seek to impeach this witness’s credibility as they wld have done, for the reason that they were not informed that his testimony was false as they tould have been had they obtained your petitioner’s own statement. His insanity , your peti- oner thinks, would likely have been developed at his examination if your petitioner’s counsel ad exposed the falsehood of his testimony, as they could have done had they been in possession f the real facts. r Because, the juridical investigation which ascertained this witness’s insanity was the prelim- lary step to his own trial upon an indictment against him for the one crime, to conceal which could rve been the only motive of the other crime of which your petitioner w'as convicted upon his testi- onv , if, theiefoie, your petitioner was guilty of anything it could not have been more than being I s ^’COMPLICE. Your petitioner is advised that the rules of evidence exclude the testimony of complices unless the same be sustained by strong corroborative evidence. In this case there was no nvborative evidence whatever and this witness’s testimony, therefor t, should have been excluded nether he was INSANE or not. Under the peculiar circumstances of the case Col. Mayo was‘allowed to testify who was mself subsequently indicted for the real crime, whilst your petitioner was locked up in p-aol, ule to hold his peace, and not allowed to testify: although, if guilty of anything, it coukf not ssibly have been more than being Col. Mayo’s accomplice. After nearly two years of the hard- ips anc degradations of penal servitude which everybody now knows to have been unjust, cause the judgment against him was founded solely upon the testimony of a madman, your titioner is now informed that there is no proceeding at law by means of which relief may be orded him through the process of any judicial tribunal ; and that, therefore, relief can come to “in , er wa y than by the exercise in his behalf of the great and munificent pow'er of par- nng which the people of Virginia have entrusted to Your Excellency’s discretion. 1 O the end that this blessed relief may be the speedier in its coming ; that Your Excellency jy not lave to wait to find leisure and opportunity to examine accumulated proofs and demon- itions of the monstrous wrongs your petitioner has endured, but extend your gracious hand at H e tor his relief your petitioner now humbly submits this epitome of his case in lieu of the ie lengthy and elaborate memorial of which mention has Jreen made. Herein are related s enoug i, re hopes and thinks, to incline Your Excellency to a favorable hearing of his yer for pardon and liberation. ' \ our petitionei is advised that if Col. Mayo had been adjudged a lunatic before he TESTIFIED, I r n’^u° pne 7; a JUSt COns . ideration for the safet y of society, and every safe-guard against iiallibduy of human testimony would have excluded him from the witness-stand. Or if in a ft t interval, he had been allowed to testify it would have been with notice to the jury that he su ject to mental alienations, and this fact would have been a material matter for their con¬ ation. In the light of recent developments your petitioner would humbly ask : Do not the e law, the same propriety, the same just considerations for the safety of society, and the 6 saf e-guards against the fallibility of human testimony now demand that the enormous f-whmh has been done Jo your petitioner through Col. Mayo’s then unsuspected testimony Jcjir , be redlessed *f far as it can be done, in the only way in which it can be done now, since I 1 nnrl Ca re °b b ® f< f e any j udlclal tnbunal > namely, by the gracious interposition of 111 if v . W . 11C i ao,ds tl j e munificent power to pardon—a sovereign prerogative which the peo- l>f Virginia have delegated to Your Excellency? 1 j To Your Excellency’s sense of justice, therefore, your petitioner would appeal as well as 92 to the sentiment of mercy nnd human kindness which no doubt, inspire your heart when exerci ing your high power as a Ruler into whose hands fortune has committed the fate of a fello creature. In conclusion, your petitioner deems it only proper (and due to himself, indeed,) to say th he harbors no bitter feeling against the witness through whose false testimony he has been mai to suffer so much wrong. Your petitionei’s view is, and has been all along as follows : At tl time when this unfortunate gentleman thus talsely testified he was then insane or he was ni If he was insane , that fact covers him with the panoply of moral irresponsibility which exemp him from accountability to God and consecrates him against the animosities of all mankind, lie was not then insane it is certain that his insanity must have succeeded his false-swearing wi the promptness of a judgment from Heaven itself, and in view of it your petitioner and eve human creature can only bow in Solemn awe as in the manifested presence of the omniscient Just, v, hose Arm is not shortened, and whose Hand is as omnipotent now as it was when, in H Wrath, it fell upon Ananias and Sapphira. Finally, it is a heart-sickening reflection to your petitioner that, no matter how kindly 01 Excellency may be disposed towards him, it is not in your power to afford a full measure redress for all the wretchedness he has been made to suffer so unjustly—and is still suffering. 1 the best it is only in Your Excellency’s power to remit the remainder of the punishment to whii your petitioner has been sentenced and restore him to liberty at once. It is not in the scope executive c emency, nor in any earthly power, to blot out even from his own remembrance t! weary days and nights your petitioner has passed in the misery and wretchedness of a convici life ; —nor to shed light for the' future upon the night of sorrow and the impenetrable gloo which attend a career that has failed ! The boon of personal liberty which your petitioner craves at Your Excellency's hand canon enable him to re-enter the arena of life cast down bv clinging memories of once promisii prospects and harassed by humiliating reminders of fortune’s catastrophe. At the best his futu this side the grave will still be fraught with the curse of a blighted career, and the sorrow!' but unavailing, yearnings of a life which his own follies have wrecked before accomplishing a, good in the world; and he can only hope for that tranquillity which is the happiness of t numblest station. . > Yet, there are duties in life which he feels that he owes to those who hold to him by the t of consanguinity and affection ; and it is for their sake —especially his aged parents whose sp „f life is fast drawing to a close—it is for them and in their name , no less than his own, that yc humble petitioner now submits this humble petition that Your Excellency w81 exercise for pardon and liberation the sovereign clemency oj the People OF VIRGINIA. And your petitioner, as in duty bound, will ever pray, etc., etc WILLIAM D. COLEMAN This petition was duly submitted to Gov. Kemper, for me, by Hon. Jair Lyons and Jo. Lane Stern, Esq. At, or about, the same time there were a! presented to him several petitions in my favor, numerously signed by the peoj of Richmond, and of Danville, and of Pittsylvania county. I have been to too, that distinguished gentlemen in various parts of the state wrote letters to hi unsolicited, in my behalf. He referred the petition to Judge L>uigon, who kt it for some days and then returned it with an argument against it. As I had ; sailed the summary proceedings ol the court by which my conviction was ma possible, it was but natural that Judge Guigon should seek to justify his action v ie premises—and this, I think I may be allowed to believe, was expected by shrewd a lawyer as Gov. Kemper. Upon this argument of Judge Guigon ( seemingly so) the governor decided against me, and on the ist oi January 18 rejected my petition. On rejecting it, he allowed the newspaper reporters publish a lengthy paper purporting to be his “ reasons therefor ; and, as ii turtify the same, he allowed them to publish, also, the prosecuting judge s art ment against me. Now, the constitution, while clothing the executive with the munificent povl of pardoning, takes care to protect society against its improper exercise by g qmring that in each case in which the governor exercises this power he sl« transmit to the legislature a statement ol the case. But no such requirement made in case of refusal to exercise the power ; because, it was never dr earn 93 iat any governor would ever refuse a meritorious case, especially when demand- i by the general public sentiment. And this was the first time, I believe, in the story of the commonwealth that any governor ever undertook, by an ex parte abdication, in the public prints, to inspire public sentiment against a helpless jisoner. On being informed of this publication, I ^ot Mr. Stern to go to Gov. Kemper id ask that the text of my petition might also be published ; for, as everything at could be said against me had been published, I thought it only fair that what ,uld be said in my favor should be published, also. But in reply to this reasona- i request only a wrathful refusal was returned. With the hope to remove the easons ” on which my first petition had been rejected, I then prepared another, aposing certain conditions as the basis for the governor’s favorable action in my lalf. At my request this was submitted to < lov. Kemper by Hon. James Lyons, '. Stern being absent from Richmond just then, as 1 was told. The following i copy of this second petition in which the proposed conditions are fully stated : PETITION OF WILLIAM D COLEMAN. -FOR- -LIBERATION UPON CERTAIN SPECIFIED CONDITIONS.- ilis Excellency, James L. Kemper, Governor of Virginia. * * * * * * The purpose of the present paper is to represent * that upon reading Your Excellency’s U| shed reasons for refusing your petitioner’s relief, it appeared to him that there is a practical eding by which the difficulties in the case may all be obviated ; and this he wishes to pro- and pray for its adoption. four Excellency affirms as follows : “ Stripped of all technicalities, the punishment of the iIa| oner must be considered as resulting from the larceny of public funds, in conned ion with B alteration of an official record, alleged to have been done and designed to conceal the eny. No attempt will ever be made to renew the indictment for that larceny ; but if this e not so, and if any additional sentence were procured in the premises, the Executive would nptly irterpose the pardoning power to arrest it.” 'our petitioner, therefore, is now given to understand that he is undergoing punishment for leged offences, which by statute are classified as separate crimes of different degrees of y, namely, larceny and forgery ; of which the former is the graver. Your petitioner aver* dthough he was indeed, indicted for both, he has, as yet, been tried for the latter only. Your lency must be well aware that in any criminal prosecution,'whatever else the evidt nee may o prove that the accused person may have committed, whether it be treason, murder, arson, eny, he may not lawfully be punished, either directly or indirectly, for anything else than s charged in the indictment on which he is tried, uniil he shall have been duly tried and ted of that something else also. If this were not so, a person might be convicted of If and hanged for murder without being tried for murder. uigCisHi => u r petitioner has now served out more than half the term of imprisonment for his punish- l JtV ]lpy the jury at his trial in their verdict ascertained. If the two crimes were of equal ‘ surely it would be conceded that he has expiated the alleged forgery, even if guilty of / J the alleged larceny is the graver crime, and the alleged forgery, therefore, has been over- id. :,! P d. The remainder of his punishment must, therefore, be solely on jccount of the alleged ge’s :t °f public funds. But he has never been even arraigned for this alleged crime, much i t lvicted of it, and, therefore, his punishment for it is altogether unlawful. ,, uctically, Your Excellency knows that aftei your petitioner shall have served out his ‘ term of imprisonment, if he is in reality guilty rf the alleged larceny of public funds, Clit® then ue tried, convicted, and punished lor it. Your Excellency has, indeed, suggested »r he| 10 attempt will ever be made to renew the, indictment for that larceny;” but Your eie :p* ;enl to itio 1 i had as n aett ted ■er die e ncy will, no doubt, admit that that depends upon the views of the grand jury and the fiy for the commonwealth: They may think that if there be probable cause to believe 94 that a person has committed a crime for which he has never been tried, he ought to be pr< cuted and, if guilty, punished for it. Your Excellency has, indeed, virtually promised that “ any additional sentence were procured in the premises, the Executive would promptly interp the pardoning power to arrest it ; ” but if Your Excellency will compute the time, you will that your term of office will have expired before you will have an opportunity, in that even! interpose the pardoning power: Your successor may not entertain Your Excellency’s vie if a jury deny the plea of autrefois convict , the governor might feel hardly justified in pardor on the grounds of prior punishment. Moreover and especially, suppose your petitioner, after serving out his present term of prisoument, shall be then tried for the Alleged larceny of public funds, as he certainly may and suppose he should be acquitted , as he has no doubt he would be . What remedy woulc have fox this then proven unjust punishment ? Your petitioner infers that he need not hope to change Your Excellency’s conclusion nc pardon him upon the grounds assigned in his said rejected petition ; but the measure of re for which he now entreats Your Excellency will not contravene that conclusion, and he tr will obviate Your Excellency’s objections. It is as follows: Your petitioner now humbly prays Your Excellency to pardon him UPON the condition he faiisirit/i submit himself to the officei's of the law, duly to he tried and lawfully dealt with fen alleged larceny of public funds. It would be but only just to stipulate that the same indictment against your petitioner the alleged larceny, should be renewed, totidem verbis, which was pending at the time of his for the alleged forgery. But such a stipulation would reduce the proposed condition of his pai to ft nullity ; because, as Your Excellency will be, no doubt, convinced if you will only rear said indictment in the light of facts now generally known, no grand jury now could be prevt upon to r*turn that indictment “a true bill.” By two years of penal servitude your petitioner has fully expiated the alleged forgery, < if gailty of it; although he would not have been convicted, as Judge Guigon has duly infor Your Excellency, “ in the absence of Mayo’s testimony ; ” and Mayo was not prosecuted bee he was proven insane—one of the evidences of his insanity being, as Gen. Johnson testi that he was, at, or about, the period of your petitioner’s trial “ incapable of making a statei of facts.” And now your petitioner only asks that Your Excellency will interpose your high and nificent power of pardoning for his relief from the further infliction of this punishment on act of the alleged larceny of public funds, until he shall have been duly tried and lawfully corn - of that alleged offence. He only asks, in all good faith, that he may have a fair trial upor real substance of the charge that he has s'olen funds belonging to the state, before being fu punished for that alleged offence. He only desires substantial justice and humbly prays Excellency to accord it. And your petitioner, as in duty bound, will ever pray, etc., etc. WILLIAM D. COLEMA A few weeks after this petition was submitted to Gov. Kemper, I was infor that he would not favor it. Mr. Stern came to see me and told me that in a terview he had just had with Gov. Kemper, he had suggested to him to with* this petition and held out the intimation that if this were done he would fat bly entertain a new proposition for my relief. By Mr. Stern’s advice I const to its withdrawal. On obtaining possession of it afterwards I found it end( as follows: “ Governor’s Office, 21st Eebruary, il “ Respectfully referred to Judge A. B. Guigon. While I am reluctant to trouble Guigon again with this matter, yet it seems to me that this petition to renew the proceedii the premises in his court should be examined by him. I can see no proper ground shov executive clemency unless Judge Guigon can suggest it. J. I.. KEMPE “ Hustings Court, February 21st, 1 "Of course I do not propose to try Coleman again, and can only account for his proposition by the fact, natural enough in his circumstances, that, in brooding over his case the weary days and nights of his imprisonment, his imagination gets the better of his cc sense. Very respectfully, A. B. GUIG Now, I respectfully submit it to you, Mr. Wise, or to any other fair-minded an, that the “ common sense ” which this proposition contained was the very aracteristic of it. It seems to me that my “ imagination ” if at all at fault was ily so in respect of attributing to Gov. Kemper sincerity in assigning his pub- hed reasons for rejecting my first petition ! A number of visits were paid me by Mr. Stern while Mr. Lyons and he were ting for me in the presentation of my case to Gov..Kemper, and in one of these ;its he asked me to explain an incident which he related but did not understand, p said that Mr. S. Sprigg Campbell had procured a number of signatures to a commendation to the governor in my behalf, but had come to him afterwards desired to withdraw the same, alleging as his reason that he had heard that, imnn a/I if hia a ■» r i-A (( ___J > ) /_1. . __ 1 ' . X 1 1 • leased, it was my purpose to “ throw mud ” (as he expressed it) by making ications through the newspapers. I told Mr. Stern that I knew no explana- unless it was that I had said that I intended to publish all the facts as soon V. -- ------— --- WH. / tvtro CIO ouun could, and Mr. Campbell might have heard that I had said so, and knew that ong the facts were the exchanges of “ consols ” for “ peelers ” in which he had ticipated. At Mr. Stern’s request, J then related the particulars of these ex- „ ;• He was very attentive and I afterwards remembered that he said this the most interesting interview he had ever had with me. For some time after this Mr. Stern continued to visit me, at intervals. He had eral interviews with Gov. Kemper and generally communicated to me the stance of what passed during the same. In one of his visits he told me that had given Gov. Kemper an intimation of what I had related to him touching exchanges of “ consols ’ lor “ peelers,’ and that the governor had shown an erness to hear the particulars, and had hinted that he would pardon me if I ild make them known ; his idea being, as I understood from Mr. Stern, that ould lead to the implication of certain parties. Mr. Stern urged me to make revelation and counselled me that by that means I could obtain release from cn, and in his opinion by no other means. When he told me that he had Gov. Kemper this intimation about the “ exchanges ” of “ consels ” for elers,” I was surprised, because, when I told him of them, it was with no that he would repeat it to anybody. My idea in telling him was to give him }nly explanation I could conceive for Mr. Campbell’s remarkable conduct rds me in the instance of which he (Mr. Stern) had informed me ; although ended to publish all the facts myself whenever I was at liberty to do so. But when he informed me that he had given Gov. Kemper this, intimation and ■rted me to make the revelation as suggested by the governor, in order to n my release, although surprised, I listened attentively and considered his ments carefully. And then I absolutely refused to do anything of the A But Mr. Stern renewed his exhortations with further arguments; and then I Witiid to take the subject under maturer consideration, still telling him, however, ait was altogether averse to the idea, and that I did’not believe it would ac- E Mi|li s h anything. I knew, indeed, that there was nothing criminal in these Hjhanges ’ of consols ” tor “ peelers,” and that my evidence about them J l not tend to eliminate the particular parties whom I believed the governor ially desired to see implicated. >hortly after this, I was visited by several members of the legislature, former s of mine, several of whom told me that they were on intimate terms with ■Kemper, and had repeatedly approached him in my behalf, but always in t,G n One of these gentlemen now told me that Gov. Kemper had informed him v it Mr. Stern had intimated, as mentioned above, and urged me to make the a. :1 revelation. He gave me a graphic account of an interview he had had 96 with the governor in which the latter introduced the subject, stated what Stern had told him, and added that “ it would be a good thing to get sotm these respectable gentlemen and arraign them in a criminal court,” or word: that effect. From this eagerness of the governor I was advised that complia with ftis suggestion would certainly secure my release. I replied that 1 was s the governor had an exaggerated idea of the information I could give ; that I ! committed no crime myself and therefore could not implicate an} body else as accomplices in any crime. The only crime I could prove was that of perj which had been committed at my trial, but not by the parties to whom G Kemper was probably referring. Soon after this Mr. Stern came to me again and renewed his exhortations comply with the govern >r's suggestion ; informing me, too. that Mr. Lyons s me the same counsel. Thus prevailed upon, 1 agreed to make an effort in direction indicated, and gave Mr. Stern my views as to the manner of making He went then, at my request, to consult Mr. Lyons on the subject. The next < Mr. Lyons sent me the draft of a petition to the governor prepared in accorda with my views as communicated to him by Mr. Stern. 1 transcribed the sa signed it, and returned it to Mr. Lyons to be submitted to the governor. ' following is a copy of it: WILLIAM D. COLEMAN’S THIRD PETITION. * To His Excellency, i Jas. L. Kemper, v Governor of Virginia, j Sir : , The petition of William D. Coleman resp ctfully sheweth that he is now in the peniten Virginia, under a verdict and judgment of the hust'ngs court of the city of Richm n, to convey to the public an idea upon the subject exceedingly unfavorable and atrociously unjust. 98 Some weeks afterwards Mr. Stern came and told me that this effort for release had failed, and confessed that my judgment as to the governor’s disp tion towards me (as I had expressed it to him) was more correct than his. I : that Mr. Stern had been deceived in the hopes held out to him for me, and t him that I believed the object had been to injure me in public opinion, assured me that both he and Mr. Lyons had kept the matter entirely secret, ; were surprised, as I was, at the publicity given it. At my request Mr. Stern t promised to get all the papers back from Mr. Cabell, which I had sent him. was, however, more than a month after this before he succeeded in getting tl back, and when he brought them to me the letters and notes referring to transactions between Messrs. Parker Campbell & Co. and myself were miss Mr. Stern said that he had learned that all the papers after being examined Mr. Cabell, had been in Gov. Kemper’s hands for a time, and afterwards in Ju Guigon’s. On applying to the latter for them he was told that they had h mislaid but would be “ hunted up.” When, after numerous applications, Ju Guigon gave them to him, the letter and notes had disappeared and could no produced. On getting these papers back I asked Mr. Stern to take them and, toge with the petitions, I had sent Gov. Kemper, (of which Messrs. Lyons and St as my counsel, had copies), give them to the newpapers for publication in I wanted the public to know all the facts and considered that I had the righ make them known through my legal counsel. But Mr. Stern said his pers relations with the governor were very pleasant and might be disturbed were 1 make the publication I desired. I made no further request and never saw Stern any more until after my release from prison. Towards the cloe of the year 1876, after I had endured the misery wretchedness of my imprisonment two long years and a half, I conceived idea of making one more effort for relief by craving a personal interview Gov. Kemper to present my case to him myself; for I fancied that face to 1 could convince him that justice and fairness demanded my release. He hac granted personal interviews to other prisoners, even visiting the prison hit for the purpose, and I hoped he would not deny me what he had permitti others. Accordingly, through the acting superintendent of the prison, I aske writing, the favor of such an interview. But Gov. Kemper refused to perm to see him. I was, however, graciously permitted to write him a letter ; am following is a copy of it: LETTER FROM-WILLIAM D. COLEMAN TO GOV. KEMP The Penitentiary, Richmond, October 31st, 1 His Excellency, The Governor. . Sir : — The acting superintendent of the pen tentiary has notified me that, on yesterc delivered a note which, some weeks since, I was permitted to write begging to be alio appear in person before Your Excellency in my own behalf. He informed me that ^ ou * lency said that public engagements will not allow of your giving the desired permission, b I may reduce what I have to say to writing and it will be considered. In praying for a hearing viva voce, my idea was that ihere might be some points in 1 have to say on which it might be Your Excellency’s pleasure to hear the details, and I con that I could state them in that manner most readily and satisfactorily, catechetically. gladly and gratefully embrace the permission to write and, with a hope of a favorable now humbly beg Your Excellency’s consideration hereof. ( At the outset, I deem it due to that ingenuous frankness which I mean to manifest have to say, to declare that my objective point herein and hereby is simply a speedy relea imprisonment. There remains now only about a year of the term of imprisonment to ' was sentenced, but I desire to save, if I can, this modicum of valuable time from the w 99 y life and devote it to the needful work of repairing that disheartening wreck as far as possi- e. Besides, there are peculiar circumstances, of a painfully delicate nature, some of them, in ew of which I would seem callous to the holiest of human emotions and be false to the strong- ;t of earthly ties, if I failed to make every proper effort possible to secure my speedy release r the sake of those dear ones whose lives are by nature and affection, intertwined with mine. It is necessary, I think, to premise a statement as to certain circumstances connected with y case, some of them at the time of trial and some subsequently. And of these, as I shall ate them, I humbly beg Your Excellency’s consideration in conjunction with what I have terwards to say. The indictment on which I was tried alleged the forgery of a public record and specified e offence as the alleged erasure of the numeral “ i ” in a certain entry in the warrant book of e sinking fund with a fraudulent intent. In proof that I made the said erasure no evidence latever was adduce' 1 , save only that of Col. Mayo, who, directly against the truth, deposed that fad confessed the fact to him. The nisiprius judge who presided at my trial has stated in a blished letter that l would not have been convicted “ in the absence of .Mayo’s testimony on is point.” At my examination at the police court Gen. Johnson was acting as volunteer counsel ■ me, and to him I pointed out incontrovertible evidence, in the nature of a physical fact, cer¬ tiorating my declaration that Mayo’s testimony was atrociously untrue. But just before the j y fixed for my trial Gen. Johnson retired from my defence, alleging his need to do so in order exculpate himself in a certain transaction mentioned in connection with my case, but to which, appeared in evidence at my trial, I was not a party ; though Col. Mayo was. With Messrs. %urnoy and Barksdale who conducted my defence in court, (they, in the emergency of Gen. mson’s desertion having been sent in haste to my assistance by a friend at Danville,) I have 'er had any consultation about the merits of the case, and they remain to this day in utter orance of the real facts. I was in a reduced condition of body, mind, and spirits, almost as pless as a child, and in that condition was forced to stand my trial, wholly unprepared. In ir ignorance of the real facts, my counsel made no real defence in my behalf, but only attempted ecure.my exemption from the penalty of the law by an ineffectual “ legal stratagem ; ” and only question contested by them was not whether I was guilty of the fact charged in the in- ictment? but it was whether the fact charged in the indictment was an offence against the ? Not whether I had made an erasure in the warrant book of the sinking fund with intent efraud the commonwealth? but whether the said warrant book was a public record , or not? I been in a condition capable of directing my own defence, I have no doubt I would have acquitted ; as I certainly would have been had my counsel been in possession of the real and conducted my defence accordingly. Immediately after my trial a commission de lunatico inquirendo adjudged Col. Mayo insatu he was taken to a lunatic asylum. Thereupon a new trial was asked for me on the ground ;is insanity. That I was convicted on his testimony was not then denied, and if he was ne he was incompetent to testify and his evidence should have been set aside. But the aslii ion for a new trial was over-ruled, and, an appeal being taken, th enisi prius judge in certify- ' the case to the appellate court declared that Col. Mayo was “ not laboring under mental bility whatever,” although “ it was evident that he was, during the trial, drinking deeply.” the supreme court of appeals in affirming the judgment of the lower court declared that learned judge who presided at the trial * * * was of opinion that he [Col. o] did possess the requisite share of understanding; and it would require very cogent and lusive proof to the contrary to induce this court to interpose under such circumstances.” le light of which declaration it seems to me, Your Excellency, that in order “ to induce this to interpose” in my case it was required that my counsel should adduce such “cogent and usive proof” against the certificate of “the learned judge who presided at the trial” as t have been sufficient to sustain his impeachment by the legislature ; which, of course, they 1 not do. And thus my right of appeal was virtually rendered nugatory and of none effect, might as well have taken no appeal, but just abided by the decision of the nisi prius court namely, that Col. Mayo was not crazy but only drunk. ^ong after the supreme court of appeals had rendered their opinion affirming the jucjgment 2 nisi prius court, and I had been long incarcerated in the penitentiary, Col. Mayo, having ned under treatment in the lunatic asylum about eighteen months, got better and was then ed for the alleged larceny of certain public funds ; the charge against me for that offence g in the meantime (in the absence of proof to sustain it) been dismissed by the prosecution , ng nolle prosequi. A jury being empannelled for his trial, they ascertained front the evidence them that he was itisane on a certain day when it was alleged the larceny was committed fit day was but a short time prior to my trial) and that he was still itisane many months ffl'ards—at the date, namely, of their verdict. This jury’s verdict clearly implies, I think, ■ is insanity commenced at a period prior to my trial, and that it continuedt\W long afterwards ; arily including the particular day and hour when he falsely testified at my trial. That this 1 W ;ry d ew to#s ta n lii lent rat atVoq idoM eedy re T 100 is, indeed, the meaning of this verdict becomes entirely evident in the light of the fact that important part of the testimony on which the jury ascerta'ned Col. Mayo’s insanity, was thal Gen. Johnson who deposed that one of the evidences of his insanity at the time indicated ' that he was “ incapable of making a statement of facts”— Gen. Johnson’s reference undoubte being to Col. Mayo’s testimony at my trial, which Gen. Johnson knew was false and not statement of facts ” Hut, whether Col. Mayo was insane or not? is, after all, a question of fact which if moc before my trial would have had a powerful effect upon my fate. I believe that even a suspic oi his sanity would have reversed the verdict of the jury which convicted me. Now, howe since my trial is all over and there is no way in which this question can be brought before a to try my case, it is perhaps useless to discuss the subject further. Hut I think it worthy conclusion, to remark that this question of fact has been decided both ways as a matter of opin and with the gravest consequences on each occasion. The nisiprius judge who presided at trial was of opinion that he was not insane, and in consequence of his opinion I have bee the penitentiary ever since ; but I have very good reasons for believing that if he were to exp his full opinion he would say that Col. Mayo never has been insane. The verdict of the jut Col. Mayo’s trial was that he was insane, and in consequence of their opinion he was rele: from custody and has been at liberty ever since; but their opinion was based upon the 0 mony of many witnesses and made up from the developments of a special investigation ext< ing through several days. For my own part, I only know that Col. Mayo testified falsely at trial. In my own sad meditations when I try to determine for myself whether to attributf false swearing to insanity or inebriety, I have to choose between the verdict of the jury and opinion of the judge. I would rather accept the verdict of the jury. After the jury had pronounced Col. Mayo insane (up to which time I had been, as I amt hopelessly enduring the hardships and humiliations of a convict’s life) I was allowed to pre a petition for executive c.emency ; and, in doing it, prayed for relidf on the ground that Mayo’s insanity had now, at last, been ascertained by a jury , according to law—the onjy w; which it could be lawfully ascertained—and as I had been convicted on his testimony, it demonstrable that I was not a guilty criminal but the unfortunate victim of a madman’s vagt This petition was duly presented to Your Excellency about a year ago, and you then reject! It was Your Excellency’s pleasure, on rejecting it, to give your reasons, which were publi in the newspapers ; and I was indulged with permission to read them. It appeared to me Your Excellency had refused to pardon me, although I would not have been convicted “ it absence of Mayo’s testimony” because (as it was represented to you by the nisi prius judge presided at my trial and to whom my petition was referred) that there was evidence at my eaclusive of Mayo's testimony, going to prove me guilty of the larceny of public funds ; being the alleged motive of the alleged forgery. Believing that such were Your Excelle reasons for refusing my prayer for pardon, I sought to obviate the difficulty, and wdth an hu hope of doing so, 1 obtained permission and prepared another petition praying to be pare! upon the condition that I should be tried for the alleged larceny of public funds and, if g punished for it. This petition Your Excellency also rejected. I refer to the subject here with a view of making an humble explanation. Knowing full well, upon the testimony of a clear conscience, that 1 had committed n o*ny of public funds, I felt entirely confident that now, with restored health and vigor of and of mind, I should be fully able to defend myself successfully against any such alleg Nothing, therefore, could afford me intenser satisfaction than a fair trial upon the real subs of that allegation. And when I prayed Your Excellency to pardon me upon the conditioi 1 should stand that trial, I meant it in all good faith and ingenuous sincerity. In pn which I beg to state that fully expecting to be tried as speedily as the case could be gotten 1 the court, and designing to conduct my own defence, I had proceeded so far in getting rea' the trial as to prepare the instructions to the jury, which I would ask the court to give, with enclosed I submit for Your Excellency’s inspection a copy of the said instructions (m A.), and I think it will appear that they are such as the court would not refuse to give, course, have full knowledge of all the facts, and intended to admit them all before the jur I know that under these instructions my acquittal would be certain. May I not now in the hope that this humble explanation will receive Your Excellency’s approbation ? But, to the end that nothing in my breast may be concealed, for I have no desire to the least concealment, 1 beg leave to add a few words further before I leave this subject. It is certainly true (and I have never denied that), that, in association with several < I did, while in office, effect the exchange of certain “ consols ” belonging to the sinkin; for “ peelers” without paying into the treasury any bonus on account of said exchanges in every instance in which I did this the operation was an actual physical exchange, on th of bond for bond of like denomination, and dollar for dollar of their face value ; where sinking fund, however, did not and could not lose a single cent. The theory on which 1 101 my conduct was that “consols” and “peelers” both belong to the same generic class of : bonds, and are equally valuable to the sinking fund. For the full payment of each, prin- 1 and interest, the good faith of the commonwealth is pledged, equally as to each In con- ive proof, however, that my theory was correct, I need only point to the fact that the present missjoners of the sinking fund, and the secretary who succeeded me in office, entertain the e opinion, and are still acting upon it; which fact is shown by reference to their several ral reports, published since my incarceration. It is also true (nor have I ever denied that, either), thal, although the sinking fund did not, could not lose a single cent by means of these exchanges, yet I, and those associated with did gain some profit by them. But this profit was acquired not by reason of any real sub- tial difference between the intrinsic values of the two series of bonds exchanged, respectively, solely Dy reason of the speculative schemes of the brokers in the stock markets of the itry. They were speculating upon the good faith of the commonwealth towards her creditors, we made a profit out of their lack of confidence in the people of Virginia. Ought this it to have been paid into the treasury to the credit of the sinking fund ? I think not, because ave done it would have made the commonwealth a gainer of money by means of legislation :h had engendered a distrust of her own good faith and honest purpose towards a portion— unprotected portion—of her creditors ; which would have been disgraceful, ow, at my trial the testimony as to these exchanges was very vague and some of it quite vocal. It was well calculated to mislead and bewilder the jury as well as the judge. My lsel were ignorant of the real facts, and hence did not seek to elicit the truth by cross-exam- g the witnesses ; besides, I observed that they were so wrapped up in their scheme to secure ‘•acquittal” by means of their brilliant “legal stratagem” that they were unmindful of dy every really important point presented in the case. But I am entirely confident that if he facts in regard to these transactions had been laid before the jury they would have been r inced beyond a'doubt and promptly have decided that my conduct in the premises, if even iUrable, had certainly not been criminal. And—even if some, indeed, had judged that I had i in a venal manner, I think that in the light of justifying precedents and the persuasions of kipatyp my venality, even if imputed, would have been considered venial.* I pass on now to an occurrence of more recent date, and I beg Your Excellency’s patience le longer that I may briefly explain the same in conclusion of the statement I desired to ; before coming to the subject proper of this letter. After Your Excellency had rejected my second petition, I became hopeless of relief from 'retched situation. About this time it was suggested to me that if I would make known the i’s of the other parties concerned in my transactions, legal steps would be taken against and Your Excellency would pardon me in order lo use my evidence for their prosecution, •st I declined to entertain the suggestion even for a moment ; but my wretched situation icially by reason of a peculiarly painful and delicate circumstance) becoming every day and more intolerable, I consented to consider the matter and finally came to the following usion: ['here was no way in which I could now get the facts before a jury in my own case and i a verdict on the question whether the exchanges of “ consols” belonging to the sinking for “ peelers ” was criminal or not? Yet I felt thoroughly certain that if all the facts could ite gotten before a jury, they would render a verdict in my favor. If now, therefore the parties concerned in these transactions, having shared the profits, should now be tried for participation, I had the same copfideace as in my own case that they would be acquitted of riminalitv. But such a verdict in their case, on the merits of the question, would have jndous moral weight in exculpating me. With this view, and with a hope of a speedy lib- |n, I was at last induced to state the particulars of all these transactions, in detail, giving mes of all concerned. our Excellency has recent knowledge of, and will no doubt remember, the steps I took on g to this conclusion and I need not rehearse them here. They, however, accomplished g- long with a statement of all the facts as to these exchanges I also submitted a paper i* ture of a lawyer’s brief reciting the facts and pointing out the evidence to prove that the ony of the second auditor at my trial, as certified to the appellate court, was contrary to 1 th. y purpose in doing this is humbly explained as follows : My counsel had staked my cause — Te.— I deem it only due to myself to say that I have ever held myself bound to pay into the ivtt fund the bonus on account of these exchanges, if ever the same should he adjudged to be due . Winking fund. And l say now that whenever this shall be done, if ever, every cent of it ever Sjd by me shall be duly paid. I have looked upon the transaction as one of business, that is of s t° principal from an agent, to be determined upon a settlement of accounts, and altogether liilw if any thing/ike an animus furandi.] 102 upon their "legal stratagem” of showing tint the warrant book of the sinking fund was n public record. And by reference to that point in reviewing events, it is now demonstrable my conviction and punishment resulted from the failure of this scheme of their’s. But it wa reason of the adverse decision of the supreme court of appeals on that particular questio issue, namely, whether the warrant book of the sinking fund was a public record or not? my counsel’s scheme did fail. But the supreme court of appeals in forming their opinion u this question were necessarily guided by the matters of fact involved, as the same were sum up and certified by the nisi prius court. Chief among these matters of fact, as it seems to which the appellate court must have considered in forming their opinion as to whether the variant book was a public record or not, were the facts as to the character of the said war book and the puqroses for which it was kept and used. This, indeed, is very obvious from text itself of the appellate court’s opinion. Now, the nisi prius court, in certifying to the aj late court the matters of fact involved, summed up those pertaining to the character of the warrant book and the purposes for which it was kept and used, and specifically certified th; “ the second auditor testified.” And the appellate court, in rendering their decision that warrant book of the sinking fund is a public record, expressly indicate that their opinion is b upon the character of the said warrant book and the purposes for which it was kept and use the same were represented by the nisi prius court to have been stated by the second audito his testimony at my trial. Now', therefore, in proving, as I pointed out the evidence to pro\ the paper I submitted, that this testimony of the second auditor was contrary to the trul showed that I was warranted in asserting, as I did in my first petition for executive cleme that " if the real facts had been certified to the supreme court of appeals their decision w have have been the reverse of what it was. Aad now I humbly beg permission submissive add that if all the real facts as to the affdrs of the sinking fund and the manner in whic business was conducted were now' to be fully and truly stated, it would be evident to any i ligent mind that the commonw ealth could not be defrauded by any erasure that could be r in the warrant book in question. Moreover, in my opinion now, my counsel might have suet ed in the “ legai stratagem” which they attempted at my trial, had they themselves j acquainted with the real facts and hence had known how' to elicit the truth concerning the; comprehensive cross-examination of the second auditor and other w itnesses. But, (it is d myself to say it, here) had I been consulted and my judgment been as capable as usual of cerning, I never would have consented to such a scheme of “ defence ” as was attempted i behalf; for, although it might have saved me from the torment of this imprisonment, it v have left the moral stain of guilt upon me as fully as if I had pleaded guilty and sufterec penalty of the law. Having now, as it were, cleared the way of approach to the subject proper of this let beg Your Excellency's patience but a little longer that I may present a compendium of facts as I am confident will be convincing that it would be right and proper to pardon me. I stated at the outset that my objective point is simply a speedy release from this impi ment. In making this declaration, I desire and design most humbly to submit that, under ing circumstances, it is not practicable for me to prove that I am not guilty of the often which I was convicted. To do so would be to virtually reverse the verdict of a jury—a h lean task to the accused even when circumstances favor, but to one in my miserable situ harder than any labor assigned to Hercules; for he, at least, was not shorn of his strengt limited as to subsidiary resources. But,on rejecting my petition for executive clemency ,: ago, Your Excellency was pleased to say that you had examined the case “ with a strong t and purpose to grant a pardon,” if you could find “ ground to rest it on and this has encou me to hope that there may be circumstances in my case—unrestricted by the vigorous ru a court of law, as you are, sir, in exercising the sovereign powers with which the consti has invested you—which mav fulfill the required conditions of Your Excellency’s merciful position now in my behalf. With the most humble and submissive spirit now, after a further endurance of the hardships and humiliations of a convict’s life, I ask permiss renew my prayer for executive clemency, and in doing so most humbly beg to be allow'ed and show sufficient “ ground to rest it on.” I think it may be likely, for it would be bu natural, that there may be such grounds which may have escaped Your Excellency’s obser\ pre-occupied as you are, no doubt, by a multitude of public matters whose demands upoi time are too pressing to permit you to devote much of it to the consideration of my un case ; but which, alas, even a glimmer of hope amid the gloom of wretchedness which lil 'ents for me would magnify beyond the possibility of escaping the closer scrutiny of my q ble meditations, and “ The patient search and vigil long” of my wretched yearnings for relief. Your Excellency was pleased to mention my “culti and former social position,” as circumstances which render my punishment “peculiarly painfu these are the circumstances with reference to which I beg to state the first point—first, in ord 103 use mentioned by Your Excellency, among the grounds for pardon which I beg humbly to present r Your Excellency’s consideration. I beg leave, Your Excellency, submissively to say that in the hool in which I acquired the very cultivation with which I am credited I learned that it is the duty a good citizen under all circumstances to yield implicit obedience to the laws of his country administered by her constituted authorities ; and I have never seen the day when I was not lling cheerfully to practice in my own person this precept of my cultivation. And I am very ankful that I am now able, if Your Excellency desire it, to adduce the testimony of those who ve been in immediate authority over me ever since my incarceration that during- all this ■etched period—in many ways the most trying period of my life—I have never (to use their pression) been known “ to do or say anything unbecoming a highminded and honorable Chri *i :y, ng ico: ;S nil i(u era mis i\ve ie own to my counsel at my trial, which was the reason, I presume, that they did not^et'the to quash the indictment on the grounds which it presents. I am not a lawyer and besides • the circumstances, I may be prone to lean too much m my judgment in favor of myself cons ruction of this statute, and it is. therefore, with the utmost submissive deference to Excellency s superior legal acumen that I venture now most humbly to present the subie,I ■e from the code of 1873, chapter 190, section 22, as follows: P subject. Section 22—If a clerk of a court, or other public officer, fraudulently make a false entrr se, alter, secrete or destroy any record in his keeping or belonging to his office, he shall ifined in jail not more than one year, and fined not exceeding one thousand dollars ” 0W d th e indictment on which I was tried alleged that I was a public officer, the “secretary” y of the commissioners of the sinking fund the book, or record, alleged to be the sub jP rl J^ e ir uputed to me is described as “the warrant book of the said sinking fund-” e fact alleged is falsely and corruptly erasing the figure 1” etc., etc., “with intent to de- _ It seems to me, Your Excellency, that the specifications marshaled in this indictment j fsely such as fit the case to that class of offences against the law the punishment S IS 1 for under the statute I have quoted. And, if so, then, whether guilty or not gffilty Blk already been excessively punished beyond all measure of the excess. g Butj as I havf sa d' h the most submissive deference that I have ventured to introduce this point of law and JL V ^T 16 , ° f any a F ment Up ° n iC ' but sub m^sively leave the subject, humb¬ ling Your Excellency to consider it, and feeling that I shall be fully satisfied if in Your J^t y marbe e enXdt atl0n ° f tWs P °‘ nt ° f law -“atever mor'al weight. 104 In conclusion, I beg Your Excellency to allow me to add that there are certain pressing cumstances. of a peculiarly painful nature some of them, and all of them obliged on account their nature to have a life-long effect of the gravest importance, which render my speedy rele essential to my future, even comparative, peace of mind and usefulness. ortured by these < cumstances I cannot resist the impulse to appeal to-the humane feelings of Your Excellen. heart in entreating vou now to exercise in my behalf the munificent power with which you invested, and terminate my sufferings at once, at least to the extent of removing the obstruct and allowing me a chance, without further delay, to commence a manly struggle to redeem blighted prospects of my life-as far, indeed, as that can now be done. At the best, I shall h to re-enter life at an advanced stage of manhood, penniless and comparatively friendless; x no accumulation to draw upon save that only of a varied experience m life ; virtually ruinec every human resource, and with but little left to sweeten life and encourage effort except s hope of God's favor as a chastened spirit may humbly entertain. But these very circumstai make even a year of TIME in the brief span of human life inestimably valuable to me, and me with distressing solicitude now in begging it of \ our Excellency as a mere item of sa from the wreck of my life. Most respectfully, Your Excellency s Very obedient, humble servant, WILLIAM D. COLEM THE FOLLOWING ARE THE PROPOSED INSTRUCTIONS TOT JURY, REFERRED TO IN THIS PETITION AS MARKED ‘‘A Commonwealth versus William D. Coleman. Prosecution for Larcen Public Funds. Proposed Instructions to the Jury. i. In a prosecution for larceny, unless it be proved, or admitted, that an actual los been sustained by direct reason of the fact alleged to be a larceny, the accused cannot l^e vie ted. ^ anything she does, or omits to do. the commonwealth causes, or permits, hir good faith and honest purpose towards her c-editors to be distrusted and to become a subjc speculation it is against sound public morals for her to receive any pecuniary profit the either directly or indirectly ; if she were a citizen it would be fraudulent and unlawful. 3. In a prosecution for larceny, if any state bonds be involved, their value is then value ; unless they could be sold in overt market for more than their face value, and then value is their market value. ,, ... 4. In the case of a public officer entrusted with bonds issued by the commonwealth an longing toher: If when duly called upon, he produce bonds of the same generic char though not the same identical bonds, amounting to the same amount (the face value), t discharged his trust. .1. 5. Unless the jury believe that the evidence proves that the accused did actually tak fraudulently convert to his own use some of the bonds purchased by the commissioners < sinking fund, or transferred to the sinking fund by the board of public works (such bell only methods by which bonds did come into the sinking fund) ; or that he did, or caused done, some act which did, or of necessity, or naturally, might have diminished the amour face value) of said bonds, they must find him not guilty. To this letter Governor Kemper never deigned to make any response if he did, I never heard of it. Whether he £ver even read it or not, I d know. . . . After the assembling of the legislature that winter I was again visit several of the members, formerly personal friends of mine, who told me of v: efforts they had, unsolicited, made in my behalf. I had kept a copy of my to Gov. Kemper and now showed it to some of these members, and they • U The comment of every one was that if the governor rejected my prayer tor as made in that letter it must be because of a prejudice against me on acco something not embraced in the charge on which I had been tried. And < these gentlemen, I remember—it was Dr. Henry E. Smith, then a member house of delegates from Amherst county,—took the copy ot the letter awa 105 and kept it several days, in order to consider it carefully. When he brought ick, at his next visit, he said it hid deeply impressed him, and he had sought nterview with Gov. Kemper and tried to prevail upon him in my behalf; but lout effect. He told me that, in his opinion, the real reason of the governor’s sal to pardon me was that he (Gov. Kemper) regarded me as “ one of lker’s pets.” It was true, indeed, that I had been an ardent friend of Gov. lker both before and after his election, and he was always a iriend to me also; I have never been the “ pet ” of any man, and I told Dr. Smith so on the :. Gov. Kemper’s animosity towards his honored predecessor has been a g of public notoriety, having been evinced even in his first message after us¬ ing the gubernatorial office ; but if he allowed this animosity to blind him to nse of right and justice towards an humble friend of Gov. W ilker, so misera- situated as I was then, it would show a pitiful spite unprecedented in a rnor of Virginia. , And I would lain imagine that Dr. S nith's opinion was quite correct, or, if it was, that Gov. Kemper was unconsciously the slave of >wn passions. But from all the circumstances I beca me convinced that no could ever come to me as long as Gov. Kemper had the power to prevent it hasten now to conclude this communication. Having abandoned all hope lease before the expiration of the period for which I had been sentenced, I now to endure my wretched fate with fortitude and patient philosophy. In allowing spring, however, as I was informed, another petition, drawn by sell, Mr. Wise, was presented to Gov. Kemper urging him to pardon me. It signed, I was told, by nearly all the conservative members of-the legislature, large number of citizens ot Danville and Pittsylvania county, and also by prominent citizens of Richmond ; also by a number of ladies who had y interested themselves in my behalf. But I never saw this petition, was no to it, except in a passive sense, and, although grateful for it, had no idea that ild avail anything. Its only fruit was another ont-sided and unfair version ' case from Gov. Kemper’s pen, which he embraced the opportunity to write ive the newspaper reporters for publication, to further injure me in public »'m. ’here was an incident however in the presentation of this petition which I relate just here. It was presented to the governor by a number of the '),! jers ol the legislature in a body, who were accompanied by Gen R. Lindsay Capt. John A. McCaull, and perhaps other gentlemen kindly disposed s me. After the petition had been presented and when the gentlemen who ted it were retiring, Gov. Kemper called Cant. McCaull back and, in effect, him not to solicit my release from prison, hinting that if I were released the then pending political campaign was over I would “ use my pen ” a certain prominent aspirant for the conservative nomination for governor, ame evening Col. William Powell, a member of the legislature from Frank- nty, came to see me at the request of Capt. McCaull and told me what I ist related. I promptly disavowed any such intention and told Col. Powell vas ridiculous to attribute such an idea to a person in my wretched situation, his suggestion, I put my disavowal in writing and, as I have since learned, it ivered to Gov. Kemper next morning by Gen. R. Lindsay Walker. I hope ed the governor s apprehensions, though before it reached him he had . jhe petition, and my continued confinement did not secure the success of didate ior \yhom he was so solicitous. Yet, even now I cannot but think bsurd in the “'governor of the commonwealth ” to be afraid of the politi- ence which might be wielded by the pen ol “ a conyict in the penitentiary.” pidly now I pass on to the end ol this communication. The term ol int¬ ent to which I had been sentenced was reduced several months for ‘‘good m of' iw eyi acd ln( aibs ;a« 106 conduct” as provided by the statute. Consequently, it expired on the 26th October last. A few days before its expiration, my aged father came to Ric mond to welcome me back to liberty and the dear ties of my family again. 1 had an idea that he might secure for me a boon, which would be valuable to 1 on returning to the world again ; and, with that idea, addressed the followi letter to Gov. Kemper : LETTER TO GOVERNOR KEMPER FROM T. COLEMAN. To His Excellency, James L. Kemper, } Ricjhmond, October 25th, i£ Governor of Virginia. j Sir :— I have come to Richmond, from my distant home in another state, to get you to consider case of my son, William IX Coleman, in its present aspect. It has not been practicable for to approach you in his behalf at an earlier date because my exhausted resources have confii me at home in an arduous struggle to “keep the wolf from the door”—a struggle in which I h. 'adly missed the assistance of my son, always liberally rendered, whenever desired, from his b hood up to the hour when he himself was made helpless. Even now I have been enabled take this step only by making the utmost exertion. You are a father yourself, sir, and were I to indulge the feelings of my heart no doubt would in your own breast allow that from the very nature of a father’s affection for his son beloved son like mine who from his very babyhood, I may say, has always been affectionate his parenis, and whose filial devotion has made them the sharers of every success in life v which fortune has ever favored him—I have reason enough in the very circumstances of the c to feel something harder to bear than ordinary grief in contemplating the fate of my son. it is not my purpose to permit any feeling of either grief or bitterness on account of the irre rable past to appear in this humble petition to Your Excellency. I am an old man, sir, alre beyond the allotted term of “ three score years and ten,” and one whose life has been aln " as full of sorrows as the sea of sands.” It would be foreign to my nature now, I trust, as v as unnatural at my age to harbor animosities against my fellow man or be swayed by the sir promptings of harmful human passions. Yet am I subject still to a man’s emotions so fa least as they relate to future earthly hopes and fears of what may yet befall in life. Actut by this kind of emotion in approaching Your Excellency now, I come to beg your considera of my son’s case in its present aspect. He is now upon the eve of release from his long incarceration. The period for whicl was sentenced to a harsh and degrading punishment will in a few hours be ended. So fa the suffering of mere physical hardship fora term of years can do it, he has expiated his alle offence against the law. But there still remain certain civil disabili ies, as they are called, sequent upon his conviction which may follow and fetter him all through life, unless Your Ej lency now interpose the munificent power, with which the constitution has clothed you. for t remission. I beseech Your Excellency to do so. I entreat that you will now, only a few h in advance of the moment of my son’s release from his long imprisonment issue a pardo him, remitting the civil disabilities to which he is still liable. It were needless, I think, to offer argument in support of this petition. I will but br ■date its object and the grounds on which I urge it. l'he first, indeed, is obvious. It is tha regaining personal liberty he may be afforded as fair a chance as possible to redeem his blig life, as far as that can now be done. This chance will not be afforded him if Your Excel! compel him to remain under these civil disabilities. They will harass him at«every turn a life s pathway, enervate his every effort, and perhaps reduce him to .despondency, unless ’ Excellency mercifully remove them now. 1 he grounds on which I venture to urge this praver upon Your Excellency are two-fo their bearing, namely, his previous high character and his good conduct during the whole pi of his imprisonment. The first 1 might rest, perhaps, upon Your Excellency’s personal kn edge of the fact. But to the end that the record may on no point be incomplete, I submit 1 with a letter (marked A) from a distinguished gentleman who, at the time he wrote, it occi the highest position in the gift of the people of Virginia save only the exalted station of Excellency. In my son’s private correspondence, comprising several hundred letters reo during the decade preceding his imprisonment, there is abundance of testimony on this j direct and inferential, from many of the most illustrious gentlemen of the period, but 1 chosen this one to submit with this petition for the reason indicated. What it implies and it expresses will, I trust, favorably incline Your Excellency to grant this petition and thus my son from the sad fate of a political helot among a people for whose civil rehabilitatioi community he has unsparingly expended the best efforts of his life. 107 As to his conduct during his imprisonment I have been kindly favored by the authorities of prison with a certificate herewith submitted (marked B) which I trust will be sufficient testi¬ ly on that subject. Entreating Your Excellency’s prompt bestowal of the boon for which I have herein prayed n > Very Respectfully, Your Excellency’s Mumble servant, T. COLEMAN. EXHIBIT, MARKED (A.) „ _ “ Fredericksburg, Oct. 25th, 1871. 1.. Wm. D. Coleman. My Dear Sir :— My absence at the Synod at Lynchburg prevented mv receiving your letter replying sooner. ' 1 l am sure you credit me as sincere when I say that it would be very gratifying to me to see clerk of the Senate ; and very gratifying to my feelings to give you my personal aid in your ts to obtain it, and that I do distinctly recognize you as one of the Virginians whose labors counsels in the critical and imperilled crises of the state were valuable, and entitled to recoi nl fi. - r L99I46 Vol.21 DATE ISSUED TO . "71 _.. Iq.q\H_0, at