Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-07-25

1UTTOri-
ties, was placed on trial day or two ago, in our
Criminal Court, on a charge OF obtaining money
under false pretences from Mr. Benz Cham bers a
worthy citizen Of the Third Ward Of this CITY
The defendant was represented by Mr. Rstcliffe
who afterwards associated with him Mr. Norris
Mr.. Radcliffe in the beginning of the trial oh
yected to the competency of tue testimony of Mr.
Chambers, and Of his son. the two prosecuting
witnesses; giving a reason for such objection
that there is an uncertainty as TO the religious
belief of said prosecuting witnesses they being
by common repute dsbelievers in the Christian
religion; but the Court questioned each of them
and each expressed firm belief in the existence
OF Great First cause, a superhuman power to
which all men morally accountable either
during life or after death for all actions done in
this life. The Court regarded these replies as
suthcient, and admitted their testimony
They accordingly testified that the accused
obtalned the signature of the elder Chambers to
Two orafts Purportlng to be drawn on one VIM
Francis Mclean, of New Orleans through the
citizens Bank of that city. under the solemn as
surance to him that in thus signing the drafts he
Incurred no responsibility whatever; and that the
only effect OF the signing to indicate to
Mclean that he (Chambersl was the marty To
whom he (McLean) wds TO send the amounts ex-
pressed on the faces Of the drafts 1920 and S32)
WhIch amounts Bargy alleged were due him by
Mclean. In point of fact, that Chambers signed
under the representation that Me lean would on
receipt of the drafts, enclose the money to him
and that lie was to be its custodian until such
time as Bdrgy should require il for his own use
Mr.. Chambers fattered by the confidence reDosed
=
In MIN, and being further assured that ali was
right by Bargy producing and reading in his
presence letter Purporting to be from Mclean
TO BargY, in which Mclean acknowledged r q
right to draw on him for the amounts specified i'm
the drafts, readily signed them, and thereby I'M
consciously became responsible for the payment
9 o. tne entire amounts. They were negotiated by
Bargy, In this city--one to Mr.. Morrow and the
other 10 Mr.. Sutherland went on to New Orleans
for payment In due time they were returned
protested, and the holders came down on the ac-
on han har \ rl,E III
Instead Of receiving the funds which they repre-
sented from Mclean, according to Bargy's repre-
sensations, Mr. { found to his amazeInent that he
had been duped to the extent of Sl52 When
appealed to by Mr.. Chambers subsequently, in
RELATION TO the matter, Bafgy drew M another
draft for 800, which be induced Chambers to
sign under the representation that by SO doing he
would release himself from all responsibility
incurred by the non payment of the Others. but
after signing it, Mr. c. began to grow suspicious
and, waiting on Bargy recovered il before il
went into the hands Of any broker, though efforts
had been made nd interim TO get it negotiated at
two houses by Mrs. Bacon zone of defendants
wltnesses) on Bargy's behalf
The witnesses for the defense were John FIJI
ana MS son, who testified to McLean's identity,
and 70 his having been in Washington in June
or July, 1889, and authorized Bargy to draw on
him Tor certain amount; Charles q Bacon
VINO also testified to his knowledge of the defend,
ant, and to the Indebtedness of Mclean TO him:
Mrs Bacon, who also testified to an acknowl.
edgment by Mclean when here of Indebtedness
TO defendant Mr.. Milton, who testified to the
same; MI h Mason, who testified to being pres
ent at Chambers when the second draft was
signed; Mr.. A. Duval, Mr.. Fill and Mr. McFar-
land, who were called to impeach the credit of
the prosecuting witnesses on the ground of their
holding peculiar opinions respecting the money
istence of the deity. and a future state The last
three witnesses could not give an instance affect
Ing the veraCity of the two Cham bers' based upon
any Traction OF the laws of truth and rectitude.
On The part OF the prosecution. MesSTs Caleb
Buckingham, l.. Newton, ID. Clagett Edward
Owen, Geo w. Phillips, c. 5 Wallach, ESQ
+ Fendall, Esq and other gentlemen of hig IA
stantlng in this city testifie to their knowledge
OF the elder Cham beers, TO their confidence in his
integrity, and to his high character for truthful
ness, based upon an acquaintance covering a
space Of thirty years.
Upon the conclusion of the testimony Nessrs
Ratcllt fe and Norris addressed lengthy arguments
to the jury, in which ii was Contendpd on the one
hand that the jury ought not to believe the testi-
mOnY of the prosecuting witnesses and on the
ether that Bargy had committed no criminal Of
fence though the testimony was believed; but that
Chambers had remedy in civil court where
he might bring action for the recovery of the
amount which had been paid by him on account
of the transaction
To these arguments the District Attorney re-
piled at some length, in which he commented in
strong terms upon attempts which had been re-
sorted 10 by the defence, To break down the DrOs-
ecution, and their signal failure in every such
attempt He drew striking contrast between
the elder Chambers, and prominent witness for
would
lieve Chambers on his oath, because he heard that
he was an intidel This same witness Mr. Ould
urged did profess TO believe in the three great car
dinal principles Of Christian virtue faith, hope
and charity, while he did not practice one of them
while Chambers who did not profess to believe
In any Of them, practiced them all, as was shown
In the evidence given In the case The sneaker
recommended to this witness the words of the
great apostle, who said, e. Though | have faith
sufficient to remove mountains, vet if / have not
charity, am as tinkling brass, aud Il sounding
cymoal-" After commenting with great force
upon the character of the defense in its various
aspects the district attorney proceeded to sum M
the evidence in a manner evincing great perspf-
cacity and legal astuteness.
The case was then given to the jury, who, after
remaining In retirement about one hour returned
a verdict Of guilty as indicted.
Bargy was standing at door In the eastern
wing Of the City Hall at the time the verdict was
given. and a moment afterwards was missing
he had fed. His TecOgnzance was Immediately
forfeited, and bench warrant issued at the in
stance Of the District Attorney for his arrest
Armed with which, Deputy Marshal Phillips and
his posse Immediately started in pursuit After
run Of about one hour through various portions
Of the city, Deputy Marshal Phillips proceeded
to the house of Mr. Norris, Zone Of the prisoners
counsel in Seventh street, which he entered
and searched, and where, locked up in a chamber
he found the fugitive secreted He was soon
again in custody and taken to jail, where he
awaits sentence.
When Mr.. Phillips arrived at Mr. Norris
mouse, he made known his business, informing
Mr. y. that Bargy was concealed in his house.
MIR. N, who had Just arrived at home from the
court. and was sitting in his office. replied that
ne thought not Mr. Fill, who was present In
company with Phillips, replied that Bargy was
there, and that he had accom- panied him there,
and had left him sitting in the office when he
went away. Mr.. Norris expressed surprise and
immediately proposed to go through his house
with the officer in search, which was done, when
after examining the premises, they discovered
that the door of chamber was locked on the in
side, and on forcing it Bargy was discovered at
window, with his feet cooked up on the win
dow sill, engaged in reading newspaper. Ii is
scarcely necessary to say that Mr.. Norris assured
the deputy marshal of his entire ignorance Of
Bargrs presence there, and that his being there
was not known to any member of his family.
DROWNED IN a CANAL Lock AT ALEXANDRIA
DIR. c. w. Chancellor, Coroner, held an Inquest
yesterday upon the body Of James Murray, found
drowned in one Of the lock-pools of the Alexan-
dria Canal. Ii appeared from the evidence that
deceased was seen on Monday night about eleven
O'Clock, under the influence Of liquor 1t is sup
posed he laid down to sleep on the side Of the
pool, rolled into the water during the night and
was drowned. The jury found that the deceased
came to his death by accidental drowning The
deceased was laboring man, and leaves a wife
and family.
OFFICERS ELECTED.-At the annual communI-