Mayor's Court, yesterday.
--Baylor, slave of John F. Hicks, was charged with stealing one side of sole leather and five candles. The accused stated that if time was allowed him he could prove honest possession of the leather and candles, whereupon the Mayor, in order to give him time to do so, continued the matter till to-day.Anna Conley was charged with receiving a counterpane, the property of Middle Brockett, knowing the same to have been stolen, but Mrs. Couley proved that she received it from a white man who claimed it as his own, and was there upon discharged.
Charles Pryor, a free negro with no papers, and having a pair of boots in his possession supposed to have been stolen, was ordered to be whipped.
Bathurst M. Davis, of this city, a young man about twenty-two years of age, was charged with stealing a gold watch, of superior quality, the property of Daniel E. Gardner. On Tuesday, the Grand Jury of the Circuit Court of Henrico presented the accused for the offence; but Judges Mdith, presiding in the absence of Judge Gregory, deeming the matter beyond his jurisdiction turned it over to the city authorities. The following is the testimony in the case:
Daniel E. Gardner, sworn.--I live in the Law Building. On Friday morning last, Captain Magruder, who has been staying with me for a few days, came into my room about 9 o'clock, while I was in bed, wound up my watch, and then hung it up where he got it from. I fell asleep, and did not wake up till between 11 and 12 o'clock, when I got out of bed, put on my pants, and went into the next room, where I found Captain Magruder, Colonel Magruder, Colonel J. Lucius Davis, and his son Bathurst, sitting around the stove. I was asked the time of day, and went back into my chamber to see, but my watch was gone. Besides these gentlemen, there were three or four negroes who had access to my room, and suspicion rested on the latter. I advertised the watch, offering a reward of one thousand dollars. In two or three days afterwards, Messrs. Mitchell & Tyler sent for me, and when I called to see them they handed me the watch. Captain Magruder went with me, and asked who left the watch there; but only received the reply, "Remember, no questions are to be asked." I have known Mr. Davis from his boyhood, and had not the slightest suspicion that he had stolen my watch.
Detective Lewis Charles, sworn.--On Friday last, Captain Magruder came to our office and informed Captain Doswell that Mr. Gardner's watch had been stolen, and he desired an officer to go with him to arrest a suspected party. I went with Captain Magruder, and Mr. Davis was pointed out as the suspected person. I arrested Davis, and told him the suspicions against him. He told me he thought the watch had been either sent or carried out of town by a man named Blake, but that he would endeavor to get it, and would leave it at a certain barber-shop that evening. He did not do so, however, and detective Williams and myself then told him it was useless to be fooling about the matter any longer, that if he would produce the watch nothing more would be said about it. We were then at the chief-of-police office. Davis replied that, if he had a horse to ride, he thought he could get the watch by Saturday. I went out after a horse, leaving Davis with Mr. Williams; but when I came back he was gone. In a few minutes afterwards, a negro came into the office and handed us (myself and Williams) the watch. We carried it down to Mitchell & Tyler's, the place designated in the advertisement that it was to be left at, and received a check for one thousand dollars, as advertised. Upon being asked who we got the watch from, our reply was that the advertisement said "no questions would be asked." I think Colonel Magruder and Mr. Gardner both told me they suspected Mr. Davis. Colonel Magruder pointed him out to me, or I should not have known him.
Colonel J. Lucius Davis, sworn.--On Friday morning, while myself and some other gentlemen were sitting in Mr. Gardner's reception room, (Mr. Gardner himself being in the next room sleep,) an old soldier, named Blake, who belonged to my command some time since, made his appearance and asked me to loan him my horse for a short while. I declined doing so, as I had to use him myself. Blake then went into Mr. Gardner's room and remained there for several minutes. Afterwards he came out and went off. I heard, subsequently, that Mr. Gardner had lost his watch, and immediately suspected that Blake had stolen it when he was in his room. Blake was in the habit of going through the enemy's lines as a scout, and on several occasions he has returned with a number of very fine watches, which he said he had taken from the pockets of dead Yankees whom he had killed. I know him to be a brave man, but know nothing of his moral character. Thought his conduct suspicious in going into Gardner's room, and concluded that, as he had a penchant for gold watches, he must have stolen Mr. Gardner's. I then, peremptorily, ordered my son, Bathurst, who was present, to go immediately in search of the stolen watch, and to leave no stone unturned towards obtaining it. Knowing that Blake came to Mr. Gardner's to see me, both my son and myself felt hurt that Mr. Gardner should suffer on my account. My son obeyed my commands, and started out in search of an officer to assist him. I afterwards, to my great surprise, heard that my son was suspected of the robbery, and that the case had been brought to the notice of the Grand Jury of the County Court. Upon informing Bathurst of the report, he wanted to go and give himself up, but I told him he was to do no such thing; that counsel should first be consulted, and he must be governed by their advice. My son reluctantly consented, and expressed his regret that I had forced him to undertake to find the watch for Mr. Gardner, as by as doing it had involved him in the difficulty. He, however, took a room on Main street, where he remained till this morning, when he voluntarily came here (before the Mayor) and gave himself up.
General William H. Richardson and Rev. Dr. Michelbacher were then called to testify as to the character of the accused, both of whom spoke of him in the most exalted terms. They had known him, and, in fact, all of the family, from their childhood, and could truly state that a more generous, honorable, and respectable family they had never met with. It was impossible to believe that the accused was guilty of the crime alleged against him.
In the absence of one or two other witnesses, the case was continued till such time as their presence can be secured. The Mayor refused to grant the prisoner bail, and he was thereupon remanded to jail. Messrs. A. Judson Crane and Daniel Ratcliffe appeared as Davis's council.
Owing to the respectable character of the accused, this case excited considerable interest, and during the progress of the examination the court-room was unusually crowded.
