Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-09-24

hr H. L. Wallis out of draft on New York for |
Sl,OOos was further investigated before Justice |
Dom, at IL O'Clock M in the presence of the Dis
trtct Attorney and Captain Goddard, the defend |
ant $ counsel being Mr.. c. :. walach, Darlington
and brother, and Mr. Wharton.
The mag strate announced that there was a |
charge also against Frank Steer and James E. |
Dunawin. Of conspiring with Dubant to defraud |
Wallis out of the value Of the draft. Il
Mr.. Darid Walker was called to testify on the |
part OF the prosecution 10 the negotiation of the
draft by teller in the banking- house with which
he Is connected His testimony related only to the
fact that while Dubant was in the bank, he was |
called upon by the teller TO identifohe person re-
ceIying the money, and knowing Dibant, he told |
tho teller so. and that the extent of his knOwl
edge of the transaction He remembered To have |
heard some one whom he Is impressed was Du- |
bant, say, while the negotiation was pending, IL
will thank you for Bank Of Commerce notes -
JanisS T.. DHHGrctH was sworn, and warned by
the District Attorney that as he was a party |
charged, il was his right to reserve any informa-
ton which would cTiminate himself. The wit |
ness replied that he was not party TO the tTansac-
ton, in any shape or form, and was in no fear of
eliminating himself Dunawin then went on to |
state that he had occasion on last Friday evening"
20 transact some money business with Steer, aud
locked up bis Office and went To his house, near
by. where he went up stairs, sat down in Steers
room and transacted the business which had
called him there; while be sat there, in came
first, Strong. then DuOant and then Wallis one
after the other, and, stepping up to the sideboard
took drink; in few moments Campbell came
in, and twas proposed to play game Of seven-up
foT pleasure; they sat round table. and Strong,
Steer Campbell and Wallis played three or four
games; after which Wallis proposed to play for
money, saying that though he had no money
about him he had that which was equal to money,
and drawing forth a pocket book. he produced
check for $1,000 drawn TO his order, on the Bank
Of the Republic, New York which he offered to
bet upon if any would cash il; the draft was
handed to witness who deals in paper of this sort
10 obtain his Judgment as TO its genuiIeness, and
witness looking at il, saw that ii was all right,
and as good as so much money, gave his opinion
accordingly. Steer then counted out to Wallis
for the draft, five 500 notes, of Washington cur
renew, and one $50 note on a Baltimore bank-a
full thousand dollars-in exchange for the draft.
and they commenced to play witness thinks no
played with Wallis after il was proposed to
play for money, but Steer. 1t was remarked by
some one that the draft was worthless unless en-
dcrsed by Wallis, and Wallis volunteered TO en-
dorse it. and after signing his name to il sat down
TO play. Wallis refused to play faro, but Slid he
could play seven-up, or old sledge.
Witness don't know anything about the game
they PLAYED, except that Wallis bet SJOU on the
cards he held, which were an ace, a Jack and a
deuce, as witness had remarked, and Steer won
the game, he having in bis hand four kings and a
ten; witness never played cards in his life knows
nothing about playing, and don't know one card
from another when he sees them; never bet at faro
any other game, and only judges of the game
they played by the announcement made by Wal
lis that he could play = seven-up' witness knows
that they PLAYED an hour and a half, during which
time Wallis lost the whole 81 -Ot0 and then got up
Id luck in his life; he was "a little sweet" but
appeared perfectly conscious what he was about:
witness does not remember who made the propo-
sltl1n TO play cards; they put up chils which
were marked with the figures -, which, as wit
ness thought, represented SOS each; when Wallis
took the draft from his pocket he laid il the
table in front of him. and when Steer paid him
for II, be took the five Notwithstanding notes,
and the one five-hundred-d note. and pushed
them across the table to him. and Wallis placed
the notes in his vest pocket; after the game was
over, Wallis and Campbell and Dubant and Steer
went out. and appeared To walk up the street
towards the National together; witness went to his
Office near by; the next morning witness saw
Steer, who asked witness how be should proceed
TO negotiate the draft witness proposed to deposit
II in bank for him for collection, but Steer did not
seem to like the plan. and said he would get some
one % present Il at bank for him for payment
witness don't know one card from another and
never played any games at cards; thinks the prop
oslnoa To play for money came first from Wallis.
r. ID. FTbgaH. bOOk-keeper at the National. tes-
titled that he knows Wallis. and saw him on last
Friday night at 10 o'clock; he came in at that
hour, very drunk and exceedi ngIy stupid. and
had SO little command of his person as to stumble
down against the wall; witness called some wait
erS, who sisted him TO bed; he stayed at the HO-
tel until the following Sunday morning at 10
o'clock. when he left the city
M Wallis recalled-R eiterated the principal
facts narrated by him yesterday, and stated that
hs was drunk when he came to the city. and
must have remained so while here as he knows
nothing Of what he did while in town. except the
fact that the hrst night Of his stay here he wan
cered up and down the streets nearly all night;
witness mas but little recollection Of what he said
D yesterday In giving his evidence, and may have
said that he didn't know any game Of cards; does
not know any game of cards well as to under
take TO gamble by means Of them; can play little
seven up and a little whist with ladies and youn"
persons in social company, but never yainbled
when sober; has not sufficient knowledge OF any
game To do so.
Nc DerHlot;. the National Hotel bar keeper. was
recalled, and repeated the testimony before given
by him In relation to The status OF Wallis
The evidence closing here. Mr.. Ould addressed
the presiding Justice, briefly reca pitulating the
points Of evidence bearing on the ca &c, and sug-
costing that of the parties charged Steer and Du-
blnt be held to bail for their appearance at the
Criminal Court.
MIR O., in addressing himself to the case. char
acteriZsd u rs a base swindling OF. ratiOn, and
those guilty Of the act rs a set consprinp together
e. commit an outrageous wrong uDon a bpInlcss
drunken man. Mr.. o. allnded to several circum-
stances in the case as showing strong ground for
the belief he professed 10 entertain in relation 10
The transaction; among which was the one drink
taken In Steer house and the Over-wilIinpness of
Steer 10 advance the full value Of tue draft There
was no discount demanded and hut one oninion
70 be formed as to Steers design. which WIS of
course, to win this advanced money bar K a.rain
which lie Immediately proceeded 10 do If the
case was not one of conspiracy. il was in his opi,
ION worst was case Of PalPabls forgery and
the confsderdtes all aided ard abetted the tranSac
ton hr. o. dweit upon the wide discrepancy
O-tWeen the testimony of Strong and Dunawin in
severe terms the fact that Strong testified that
N
S2u gold pieces, and Dunawin testifying TODAY
that Steer paid the full face of the draft and that
ia slOO notes and 500 note. was suspicious i'm
the extreme. There was No doubt in his mind Of
the nrst proposition, that Strong, Campbell Dun
awin ana Dubant, were all engaged in this gen
eral Tascality. No doubt they all partiri pated I'm
the first games, which Were played ostsnsibly for
pleasure.
Mr. Wharton replied, denying that there was
evidence showing case of either conspi racy or
forgery There was Certlnly no evidence rouD-
ling DubaEt with the transaction in criminal
point Of view. He had acknowledged his agency
Ia procuring the money from the bank but il was
properly endorsed, for experts had examined and
compared the endorsement with tue signature of
Mr. Wallis written in the register at the National
Hotel, and had declared as experts that the two
signatures were. in their opinion. by one and the
same person
Mr.. Darlington followed on the same side. ,Iso
DENYING that the government had made out ra<p
Cf sTindlng against either Of the parties CHARGED
Or the government witnesses Were tu lie. b.Iicv.l
the Jnitrd states would hardly be cxpect.d 70
IN X Judgement where the evidence was 81 di
Ircyly contradictory. lie cOntended that because
man 50, at 4 table aud played cards with several
parsons and happened to lose his money that was
any evidence Of conspiracy By them to defraud or
cheat him; and Is their hIving become possessed
al 81,