Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-25

Queslon-Can you say one cent of thi
WitneSs-No, sir
THE DEPENDENTS CHARACTER.
,Question-What has been the defendant
character Ior integrity and business? Do yol
NM. Know What his general character is9 Didn
you investigate 1t before employing him?
/ The witness said he supposed Mr. Reynaut
nad good character; he was already a mem
-, VI Ils .eSSsSocldbohi ana discharged hi
Twelve o'clock every night.
HE-EAAMINATI0N BY PROSECUTION.
Queston-Do you know what are the De
cnnlar{ circumstances OF defendant?
Mr. horr1gnn-1 object to that question.
Mr.. Anderson eontended that the prosecu.
ton had a right TO show the financial circum-
stances OF the defendant, and wanted the wifi.
ness TO state what he knew, of MS own per
sonal knowledge, respecting it.
MIR: Horrigan still opposed this A corpus
dehctt hsd TO be established before q man
could be found guilty of an offense charge ed
The fact of an embezzlement must be estab
llshed before man could be found guilty OF
embezzltng. No one could be guilty of a
crime, unless the crime, as alleged, had been
committed.
The prosecution contended that the prison.
er had not denied the embezzlement when
accosted by Mr.. Langstaff on the subject
! Th1s was equivalent to an admission, as the
/ guilty.
1 Qusstion-Were all donations OF money,
etc, published in the paperse
Witness Yes sir, after certain date,
! After the answer TO another objection, the
/ court permitted Mr.. Langstaf TO proceed
with his statement of
! THE PRISONERS FINANCIAL CONDI-
TION.
Witness, at the time the epidemic appeared,
4 was aware of Reynaud's financial condition:
knew he was out OF employment; defendant
told MIN he had no money. A party ap-
preached witness, and threatened to garnishee
Defendants wages. witness, with Colonel
Wss unable to pay the debt They asked If he
could not set aside certain part OF money, in
order TO pay IT,
Mr.. Horrigsn objected to such statements.
this7
WitneSs-At the commencement of the vel
loW-fever. yesterday defendant said he had
used four hundred dollars of his own money
for the association. Witness reminded him OF
the statement about financial embarrassment
maze When the association opened. Defend
ant said he had told him nb about that; he
put the money in, but gotit out.
Mr.. Anderson-Have you means OF knowing
what funds were sent 10 the Howards?
Witness-Only by the books. These are the
only means of telling this. II the letters were
ceiving the letters could have stoler thou-
sands OF dollars. Witness said he usually
opened the mail.
Mr.. Horrigan-Do 1 understand you to say 1t
was so in the association that parties could
open letters, take money, and destroy them
without any one knowing II?
Witness-1es, sir. II may be so In all busi-
ness. The witness said the checks remitted
were usually payable 10 his order, sometimes
honest clerk or employee coming in posses
sion OF letter containing money or check,
could steal the same.
QueStiOn-Is IL anything extraordinary for
men who have money TO deny It?
Witness-His position did not authorize 1t.
usually?
Witness-Yes, sir.
Question-Did you not keep regular set of
books In which were kept the accounts of the
treasurer and secretary?
Witness-Yes, sir.
Qqestion-Have the accounts been exam
WitneSs-Yes, sir.
The witness stated that there was no loss
except the natural discrepancies which had
had opened the mail.
Question-Gave you, from the examination
OF the papers, any means of saying he is
Witness-No, sir; only on her declaration.
THE TREASURER's ACCOUNT.
Mr.: Langstaf had now left the witness |
stand, and was in the middle of the room, |
when Mr.. Horrlgan asked him: "Were there |
any discrepancies in the tressurer's account?" |
= Mr.. MI Langstan-I am not sworn to state any |
ton Tor the purpose OF rejecting upon the |
Justice spellman-I wish you to answer the
question.
Mr.. Langstaf-Yes, sir, there was.
MrHorrigan-Were these discrepancies any
more suspicious than Mr.. Reynaud's?
Mr.. Lsngstaff-No, sir.
II was then made apparent that the dis
were of the character already ex-
ness.
OF VIM. THOMAS COLD.
VIM. Thomas was next examined as a wit
ness for the prosecution. His evidence is sub
had been porter at the Howard association
office; his duty was to take care of the office
and run backward and forward over Mem
pbis.
QuestioD-Do you know Miss Lotta Finley?
Witness-Yes, sir.
Questionable you ever see her in the How |
ard association office?
WitneSs-Hes, sir.
Questlon-Were you there when any money
was given her by Mr.. Reynaudg
Witness-I was; / saw Mr.. Reynaud give
her money once after dark, one Saturday even
Ing, on Second street. 1t was il brown
envelope, with three seals on it; 1t
was an express package, If that's
what you call an express package with
three seals. Witness was in the middle
when a white man brought the money: didn't
know who IL belonged to. This was before he
quit the association. He had been away three
weeks next Tuesday. There was q good deal
Df money in the package. This occurred two
weeks before witness left the association. He
had seen Miss finley, three or four Saturday
evenings, after dark, at the associations Of
ice. Defendant gave her money whenever
The came there. He didn't know where de-
endant got the money.
NOT AFRAID OF THE TRUTH.
"Have any persons been talking TO Won
lbout this matter?" asked defense.
Thomas said some parties had been irving
o scare him away from the city. He did not
Know who these parties were.
ANOTHER OBJECTION.
Mr.. Horrigan objected to this statement be-
ng made unless it were shown that such In
imidation was done by an attorney of the
efendant or some responsible party.
Thomas proceeded and said Mr.. Robertson |
nly ten minutes before tried 70 force him to
ertain measures. Witness refused because !
le lwitnessl was "furriner." Mr.. Robertson
hn fhNrawNa Ill
e must say, in the presence of Mr.. Mansford
nd Mr.. Langstaff, that he didn't drink cham
CROSS EXAMINED.
Mr.. Horrigan-Does it intimidate you for a
nan TO tell you to tell the truth?
W1tness-No, sir; never get EReered,
Mr.. Horrigan-Where are you fIom?
WitneEs-I am from the city OF New York.
Mr.. Horrigan-When did you see Miss Fin
Witness-Two weeks before leaving the as
oclstion. {
Mr.. Horrigan-was she a nurse of the asso-
Witness-I don't know, sir.
Mr. Horrigan VINO brought that envelop to
witness-I didn't know the man who
rought 1t there.
MT: Horrigan- WAS 1T an express package?
Witness-If three seals on II make IL an ex-
ress package, then IL was one.
Mr.. Horrigsn-Where were you when the
ackage was brought in2
flee.
Mr.. Horrigan-Don't you know that only
he oiiicers OF the association could get money
rom the office?
hat.
Mr.. Horrigsn-Have you ever seen other ex-
reSs packages received there?
The witness said he had seen thousands OF
hem delivered. This man had no bag, like 9
NpreSsneni had no book. saw defendant .
pen the package. The man walked out and
10 receipt was given. Witness knew he was
10 expressman, because he had no sack /
colonel Anderson-That is, so far as you are Z
Bile 70 Judge from this fact, you only Judge 80.
Wttness-Yes, sir. 5
The witness stated that parties tried To scare
i'm into measures, and Mr.. Robertson raked
p old dolngs about the office on Court street,
tc.
A NEW ACQUAINTANCE.
Mr.. Langstaf was recalled and subjected TO
mother examinatlon by the prosecution and ,
efense.
Question-When did the association stop To-
Giving contributions?
Witness--December 18th.
QuestIon-When did you instruct express
ackages TO be delivered TO you direct?
Witness-About that time.
Mr.. Gammon-Do you know Miss Finley?
Witness-ies, sir; since my acquaintance Of ,
esterday, when ] met her in Chief Athy's
flce.
Mr.. Gammou-DId you authorize the pay. s
lent OF any money by defendant 10 her. {
WitpesS-No, except when he Hired her as
urse. He could pay money out TO nurses. i
Mr. q GaInmon-Was she q nuESei
Witness-She had been, but was not now,
fe said that nurses were paid whenever IL
Tas ft, though Mondays, and not Saturdays,