Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-07-24
The Nail Robbery Case.

the prisoner Uc not put upon his defence, On
the ground that there is no proof Of property
and there can be 10 cmb, zZlcmeut without
proof OF property; that the coupons have not
been shown to be property. Another ground
Is that the prisoner stands indicted as "A mail
clerk on the Orange aHd Alexandria Railroad,
when the truth Is there is 90 such road 10 ex-
lstencc. The court must take notice Of public
statutes, and by public law that road has been
merged in the We. v. NJ e. q. S. r. r., and
quilted, II would be no bar to another prosecu.
ton Tor the same offence committed on the last
mentioned road. Another ground is that there
Is 10 proof where the endorsement of the let
ter occurred, DOR is it shown that it occurred
within the jurisdiction Of this court.
The prosecution contended that the embcz-
zIrncht was complete when the letter was taken,
aud under the statute 20 proof of property was
necessary. As to The poiut about the altered
name OF the railroad, the act of Congress makes
the Q. e. \. the mail route, and the State act
being private one, the court must take notice
OF the mail route as recognized by the act OF
Congress As TO jurisdiction, it is we'll estab-
llshci that where stoleu property is carried
through several countics, the criminal may be
tried ID any county through which he passed,
because the offence is continuing offence, and
III this case BY analogy and we'll settled law The
court obtains jurisdiction.
Judge Hughes ovcrrulcd the motion, giving
bis rcasous therefore at length, ia which he re-
viewed the law Dn the subject.
John }. Robson was sworn for the defence.
He testified as follows: Resides in Madison
county, Virginia, aud am farmer; have known
defendant twenty or thirty years; has known
james Kelley since March LIST, 1871; six or
seven months ago he was postal clerk on the
Lynchburg route; had occasion to 60 over the
Der aud spent the night at Lyuchburg: | met
in the morning whilst | was lying in the bed
heard some one come to the door; Taylor said
"hullo Kelley" they engaged in general con
yrrsatlon; alter this Kelley said he could pay
Taylor something on his board; Taylor said the
mouey was his wiic's, and she had spoken
about it; Kelley said lie had no money but had
coupons, and would give him two coupons on a
Southern railroad for the amount $500; Tay,
lor tod him he would take them, but if he
could not get them cashed Kelley would have
to take them back Kelley said they could be
Ca he'd in New York; Taylor aud Kelley wen,
out. ard afterwards whcu Taylor came back
asked him how did you make out; he said
[ got these. and showed me TWO coupons on a
Southern railroad; they we're for $35 each, and
had So in red figures marked on them (Ihe
two coupons were showu witness, who said
they We're the same or representations lie
first got aruuaiutcd with Kelley at Taylor
house. wherc Kelley was staying; last fall whilst
on NY return from the Lynchburg trip Was
III the postal car when DR. Wharton came il
very drunk and asked Taylor what he Intended
to do with those Two coupons he got from kel'
ley: Taylor said | will send them to New DIRK
to get them cashcd.
Cross examined There was no one 10 the
car but uS three; [ was close to them at the
timc: the train was in motion; was IN bed when
the conversation occurred 10 Lyuchburg; was
there getting testimony in regard to a claim be-
fore the government for property destroyed
during the war did not see the coupons given
t" Taylor; vince Taylor came back he said
Kelley gave them to him and showed them to
me- was tried for forgery, and was acquitted.
(Thc witness here gave i lcng account OF his
trial aud acquittaL)
Ida Taylor, ! years Of age, a daughter OF
the prisoner testified Kelley was at our house
about week after they got this thing up on
papa | don t think papa went up stairs after
breakfast; Kelley aid at our house more than
an hour alter papa wentouti papa cauIc back
at > o clock in the evening.
Eliza Gordon coored testified Live at Mr.
Taylor ;; am his cook Mr.. Kelley used to board
at Mr.. Tayor's; he boarded there about pine
months; | heard conversation between Mr.
Taylor and Kelley, and Kelley said he would
pay Mr.. TAYLOR his board when he got some
thing 10 do.
Cross examined conversation occurred
about three years ago; Kelley did not pay me
for the washing | did Tor him; | recollcct the
conversation very well.
I~nry NIX teStiiad-The second day of July
heard Mr.. Taylor and DR.. Wharton have a
conversation at Mr. Taylor house; Mr. Taylor
got me to be in the next room to ovcrhcar the
conversation; Mr.. Taylor told DR.. Wharton he
wanted him to be present at the trial OF this
coupon case as witness; DR.. Wharton said 30
he dill pot want to have anything to do with IT.;
that he (Wharton) had passed off twelve Of the
coupons in New York, before he knew they
were stolen, aud if he had known they were
stolen he would not have passed the two cou-
pons to him, (TayIor;) lie (Wharton) said that
Kelley had given him the coupons and Kelly
said he got them in gambling transaction.
This witness was subjected to a very rigid cross
examination of considerable length, the main
details Of which did not bear upon the merits
Of the case.
Mr.. b. +. Male, called as rebutting teSti-
moDy by the prosecution, tcStlfi"d-Reside near
Rapldan station; know John Robson; his gen
cral reputation Tor truth and veracity in the
community is not good; | caDnot believe man
on oath would tell a lie.
Cross examined-Mr. Robson was Union
man; there was great deal of prejudice agalnt
Southern born Union men; there is much pre-
udice against Republican.
W. L. Henderson, was called for the defence
but not examined
The evidence on both sides was closed, and
the Court then adjourned until 10 O'Clock to-
day, when the arguments of counsel commenced.
THIRD DAYS PROCEEDINGS.
The court met pursuant to yesterdays adj
tournament. The evidence being closed on both
sides, G.. Y. Worthington, esq. opened the ar
gumcnt on behalf ofthe United States, reca-