Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-09-06
LOCAL Ne VS..
The Late Treasury Robbery
FURTHER HEArING IN THE L ASF or
THEODORE W. BROWN

THEODORE W. BROWN.
The further hearing of T. W. Brown.
charged with Ottman and Halleck with rob.
ing the Treasury OF 81 .O97 IS on tue 2i OF
June last, was resumed on Saturday after
noon before Judge Mills, of the Police Court.
Before proceeding with the evidence Mr.
Cook, tor the defendant, dled a plea 10 the
Jurisdiction or the court. This plea is that
Judge Nils Is without power 10 try the case
when the Judge is within the District unless
he is prevented by sickness or disability.
Also, that by the constitution OF the United
States all United States officers must he an
pointed by the President and confirmed by
The Senate, unless Congress shall vest the
appointment OF inferior officers I'm the PresI-
dent, in the courts of law, or in the heads of
the departments, and he further Saws that
Congress has not so provided I'm this case
The government nled demurrer AMI the
court said the plea was erroneous. That the
fects as alleged i'm the first plea are incorrect
as set forth, as the commission would snow
IL provides for pro tenn. judge % hold the
office until the judge shall resume the duties
He possessed no official knowledge OF Jutge
smell presence In the city, but had heard
privately that he was here and sick
Mr.. Cook asked IL he hal not given proof of
his presence and taken official action IN his
court by appointing clerk 10 the court in
the place OF Mr.. Dawson.
Judge Mills remarked that he had no Off
cial knowledge of the fact, and nothing of the
kind was done in the court.
The judge ruled that the plea was not sus-
tained, and directed the prosecution 10 pro
coed with the case.
Mr.. Wilson said that although IL was no,
IN the regular order of eVideBce, ne DropOSas
or baltimore, Md, about which there hal
been an understanding between the counsel
on the day previous.
Mr.. Cook objected TO the receptson Of the
paper as evidence
Mr.. Wilson stated that I'm Offering the am
daVlt The prosecution intended TO show that
some time after the Treasury robbery VIM
III. Ottman went to the city OF Baltimore and
Whlie there got Thomas Philbin 10 go 10 a
bank and get $500 bin changed.
Mr.. Cook objected to the papers reception
as there was nothing therein contained an
plying directly or Indirectly 10 his client
The court said the point might have
weight before jury, but he would admit IL
here.
The affidavit of Philbin was read. p. teSti-
hes that he keeps a drinking saloon at No. 6
North Gay street, I'm Baltimore; has known
Ottman about ten years; recOllectS %. coming
TO his place about two months since and ask
ing if witness could change a $500 and wit
ness went 10 the bank and procured change.
Mr.. Horace Whitney testified that the mo-
ney was received in the regular course Of
business, and il was part OF the moneys OF
the United States. CrOss-eNaminei: CouId
rot say positive, but thought there was fully
$4,000 III $500 bills that had been put out by
the Treasury department that day
William A. Evans testified that in a con-
yersatiOn after the trial on Thursday evening
Brown admitted being at the Bay State
House, in Worcester, Mass, on the day testi-
fed 10 by witness. Cross-examined: DO MOI
know that Brown is the man who registered
at the hotel.
Moses H Low, the teller Of the Mechanics
National Bank at Worcester, Mass. was re-
called, and testified that on Friday after
giving his testimony Brown inquired of wit
ness IL he recognized him: replied that his
face was familiar, but could not place him
as the man who bought the draft.
John Woodwork testified that he was a
clerk In the cash-room OF the Treasury de-
partment, known as shipping clerk: was
there the I'd OF June last; went with the pack
ages that day to the elevator. end afterwards
to Adams Express Office. When the money
was delivered TO the express company they
proceeded to call of, and the packages were
checked as called. They had gotten nearly
through the list when they found that thev
were short the package containing the
81 .tSI.C5. After the calling off was through
with, and they found that they were one
package short, he called up stairs TO conuu-
nicatt the fact, and Mr.. Halleck came 10 the
batchway OF the elevator. He told Mr.
Whitney, who came down stairs, and a
search was instituted by the secret service
men and others in the department.
MI. Henry y. Noyes sworn:-Is repre-
sentative OF TIL EVENING STAR; remern-
bered the arrest Of b. ID. Halleck, and Tn
fact or the Treasury being robbed. II wa
ore OF public notoriety. There was consider
able talk about il. and a number OF pubIica-
tions. Saw Mr. Halleck after his arrest: had
a conversation with him, and took IL down
in writing at the time.
Mr.. Wilson.-Will You please repeat IL?
Mr.. Cook objected. raising the points re-
peatedly made, that Brown and not Halleck
was on trial, and that no connection had been
established between the parties.
Mr.. Wilson argued the right of the counsel
to the evidence, aud said that IL was only
step in laying the foundation Of a larceny,
by showing that Benja b. Halleck took
the money. After that they proposed to con-
nect Brown with ii by being an accessory
after the fact.
Mr. Cook said that the prosecution had
virtually abandoned the charge under which
his client was arraigned, and were fishing
about trying TO get together a case on which
they might convict Brown. The prosecution
did not know if Brown was arraigned on the
charge OF being an accessory after the fact.
but that he would plead guilty. They took
too much for granted. He was now arraigned
for larceny, and il was on that charge that
he was being defended. If the prosecution
wished TO amend their information Major
Richards, the complainant, was of easy ac-
cess, and they could do so, but he must OBJ
ject 10 this form Of procedure on the part OF
counsel for the prosecution.
This point was discussed by Judge Fisher
and Mr.. Cook, and, without reaching a deci-
sion, the court adjourned until tomorrow AT
O'Clock.