The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-13

Thomas Finley, postmaster, To keepa watch on hess
| parties, aud that wss my reason ior oeins uieio'
recognized no Others connected with the company 10
| the Office at this time, but Messrs. Brown Eiiis
| Gilmore. The bundle wtSch MIR Gilmore carried 10
/ the depot too small lor merchandise l saw inc
letters put up. Mr. Gilmore has ayo~ed since 10 N,
presepce that he was concerned with this American
post Office and said they did every biDg open ana
| above board This said IN front oil their o''"
Office; and subsequent believe, TO the institution o.
these suits he added "we do moi "ant 10 copcea'
| ANYTHING from the Goyernment-we want The mat
Ter tested and brought to the issue" They have,
/ however used all possible means to conceal tnsh
mail On the night referred TO- went win the oe
PENDANT far Canton In the cars, and saw nun 30
| on TO Philadelphia 80
I'm D,fendanfs Counsel Il went 10 the Office OF the
company on the night in qu' stlon TO mail letter
dad mail II aud pay for 1t have been oil.h aoou'
their Office both before aud since went 10 wa'eh
their proceedings they expressed no objection to my
being there on the night referred TO Mr. Gilmore
| went down to the himself; walked at iitlle
distance f ON him Messrs Brown and Ellis wraPt
up the package, while Mr.. Gilmore prepared for his
journey Mr. G had the package in his hand when
he left the Office but put il into his pocket or yalise
before he got to the depot told MIR. Craw ford there,
that Mr.. Gilmore had the mail of the company with
him The remark referred TO, as made by the de-
PENDANT made in the presence OF several gentle
men connected with the company.
| by Mr.. Lee "A stamp representing an eagle on
red ground, was pot upon the letters.
by DEFENDANTS Counsel don't know that there
we're any packages carried away that night over the
road Tor Mr. Brown; the only person saw leave The
| office was MIR. Gimore know that AIR. Brown
conducts express office, but don't know th.t he
! sent any one over the road daily
.4iied Crairtord, siuOrr.-I Of the agents OF
the Baltimore, Philadelphia and Wilmington railroad
company On the 9th February, the name of Mr..
Gilmore entered on the books-,hc evening, as
passenger. Mr. Mears has frequently pointed out
persons the agents Of the American Mail Company,
but whether MIR. q. pointed out the parcu'
lar evening cannot say have observed him at vari-
Gus lungs can't say positively at any particular time
what ms baggage 10 the best OF my know ledge he
mas been pointed out To me OF the agents OF the
Letter Company thinks atterly he has passed over
the road two three times week Did moi prevent
his going on the 9th February.
By Defendants Co,msel.-A publication which APP
peared in the papers of Philadelphia and Baltimore,
prohibiting the passage OF any persons on the road,
as agents Of the American Letter Mail Company, is
sued by the President of the Philadelphia, Whining
ton and Baltimore railroad, presented in evil
dence.
james Murray, aoOrn is agent Of the Balti-
more Philadelphia and Wilmington railroad can
not fix particular date, but remembers that MIR.
Gilmore was pc nted out by Mr. Mears as one OF
the az, nts Of the Americon Letter Mai Company
lie has passed frequently on the road recently.
DIR kennedy, s,corn.-Is special agent of the Post
Otce Department; the railroad in reference is a
post road OF the United States, over which the mail
Is transported at cost of some $4,000 to the Go
vernment Of the United States.
Mr.. Craiejord, re-eaiied-It is usually the custom
OF persons travelling tn obtain tickets at the office Of
the depot, and their names then entered the alb.
sence OF a name on the passenger list any given
day. would be no evidence that the party did pass
over the road on that day, persons no are hur-
RED by being little late frequently get into the
and buy their tickets of the conductor on the way.
ByDgendIni's Counsel II conductors do not take
The names OF persons who buy tickets IN the
! los not remember ever TO have stopped Mr. Gil
more one night asked him to show his baggage but
as he positively denied having any baggage the mat
ter passed over. Saw no letters Mr.. Gilmore the
| evening he went over the road.
| Mr.. .ibbou acorn-['The passenger books produc.
| ed Mr.. Gilmore went over the road positively on
the 9TH Of February. His name is entered the list
OF the 9th; he could have gone both days. the MIR.
Gilmer entered the 7th, is the present defendant
remembers Mr.. Gilmote purchasing ticket and not
using it, and bringing to witness to endorse 1t for
use al future day.
M. Bremen arorH is clerk at Johnston & Lees
Exchange office acquainted with the desk as II
now stands III the office OF the A l.. NJ Co; is salts
he'd that person standing the sill OF the door could
not see what was doing behind the desk from the
window, if there were no curtains in the way, no
other obstacles, you might behind the desk you
| might anything dong before the desk from the
door when the shutters not closed, you might see
into the office from the opposite side Of the street
M .Nea1is recalled for the q. Son the 9th Feb.
suspicious then Mr.. Brown and Mr.. Ellis were in
the Office and as soon as Mr. Gilmore was ready TO
start, I saw either MIR. Brown MIR. Ellis hand the
packet OF tiers 10 HIM, and he left for the cars and
| | left at the same time; when saw MIR. c. receive
the packet stood the step just without the door
| The package made up upon the counter ad Join
ing the desk, and could be distinctly seen from my
position then II could not now, | assure YOU does
not know where the light situated then, did not
expect TO be called upon TO throw much light on
the subject as that the package was letters 1 saw
them | would have seen them # they had been put
up on the desk, from the window; and il they had
closed the lower shutters would have got upon the
railing aud To- ked over.
By The Court The letter mailed was TO Theo
dore Wilson, of Philadelphia | paid Mr.. Ellis 6
cents on mailing IT. IT was Immediately stamped aud
placed with other letters.
At the close of the testimony several prayers for
instruction TO the jury were presented by Mr. Lee,
District Attorney, on the part Of the United States
and by Messrs. Brown and Bruno for the defence
which thoroughly argued before the cour, on
Friday and Saturday. Judge Heath this morning de-
li,ered an elaborate and lucid opinion in relation 10
the prayers Of the counsel succincty reviewing the
entire arguments, closing with the following instruc
tons TO the Juiy;
i The Government Of the United s ates has the DOW
| or under the Constitution, to establish Post Offices
and Post Roads-to declare what T, ads shall be post
roads, and to regulate the mails carried thereon
| That when the Government has by law declared
route to be Post road, j, has the exclusive right TO
carry Tor hre letters upon said road and TO prohibit
their being carried for hire upon such road by any
individual, comb nation OF individuals or company
That II the jury shall find from the evidence in
this case, uat the defendant did, the 9Th day Of
February last at the city OF Baltimore, receive a bet
ter package Of letters, which a certain sum for
postage had been paid and did convey such letter or
package on that day out Of the Mail Of the United
States, from the city Of Baltimore So Philadelphia
| IN the railroad Of the Philadelphia, Wilmington &
Baltimore railroad company (the same being Post
Road If The United States,) and did carry the same
in car OF the said railroad company, which regu-
larry performs trips said raroad-then the said