, 1876-09-30

t'Nu." / Also told him there was a cl,aueu to
tnlndrtallze himself, Or something to that cf
feet, and 10 stick up to wllnt waa right, lot the
conscuncnccs be whnt they inay. | told Jones
that tes!olat got tho tnoney back, snylng he
wanted to pay It to iliqa; at,d I askci him Il Ile
got l. aud ,he said ho " would sec us.n think
say rerioat had sent lltn groccriGs-more than
liU urticrtd. I think Jones usod to pay money,
1 cannot Say as to tho oilers. Amounts werc
credited, but | couldn't say how, MS ! WINS bot
got 10 ..-....
KNOWLEDGE or THE FnAuDs;
It was long bcfosr 1874. Harris has not yet pa!d
hfa account according to the bouks.
Q.-f1Ava you ever seen Ptrlulnt hand the
Commissioners money In cnreopcst
Objected To, unless It VIE done sincp 1871
MI. Tuley snld lla desired TO show the rela-
tlons OF the pattlcs-that at tho timo u the
to tic store, and that tho defendants. except
Holden, went there afterwards; TINT thu money
WIS put into envelopes, 1ancs PIT OH tletn, and
they were seen to be handed to the defendants.
Tllnt wins In 1813.
The Court excluded the testimony because II
was incompetent Under previous rulings.
Witness proceeded: 1saw ftriolat iand Kiul-
berly clcck for $500; he wunted tue currency,
anil got II.
1'tero was no cross- examination.
=, Mr. neardsley vas r RECALLED. [is9ok containing
ness.l Tho items relate to the sear 1879
4Hlh uO0k Hiah cAClluEu QElOfU DECs1uSE IL HNE
suHposrl the entries wero made In 1871. :.
Witness continued: prriolat went out Of the
tlrin Jan. !, lS15. Ono of tho itens is dnted
Jan. y, 1876. All the cntrcs were nude by
per!ol@t's d!restlon: 0e rsaied arona tho
81 ,G1,Is, Is tho balance due Kimberly, y,-ollc-
third ot bill uf Eo0ds furnished the county.
| Kimberly and l'erlolat came Into the oillro
ono day. and pcsIolat sad: "George wanted
him sbuuil be pail over to matt and
thcn hs turned to Kimberly and sail, "Isn't
that thu 50, Georref. :. aud Kimhcrly said, nYcs."
Tnst aas Is ae sSat ws 4x w. sn Oh 1sa Noy 5o 1%
IsdEer oa 81. ID IS an fca satfy "K, Tor ior
Q.-Who ts "s. A." A.-samuc Ashton,
spppf' e jonss o. ) I 5s eous 6 f!s ssfs sssts IL, FL
amount OF thu "k. account " sncc July /,
1874. The ellarges GENERALLY were on account vi
| County Commissioners, usually for groceries.
| They Wero transferred to
"rIIOFlT AND LOBE"
The amount got by Perlo!at to pay Jones was 80
jones lias been to thy sture a great many tin,cs
to SO abont his biits. ilS saiI he was sbun4;
toii him there was 3 nothing agaInst him,
but two old BILLS were liscaycred, md be
seemed mitch surprised that lie was not
"yqunrc " IN tho bs'uks.. .llarr!s' account was
uny otter settlement. Itushci's was settlea by
IL nutu vi rcrtolut. Ashtnn gave elleck during
the lust investigation. pcriat wanted Inc To
snulle Il copy u tho original orlrr-bouls, but
told h!'n wanted 70 90 home, nnd MccEevcy
| Mr. Ashton handed witness paper, which
witness sad was u receipt Tor bis account 1t
WIS dated IL DeeernGer, 18Th.
hn.i dealt will tle tlrm ior lung willie, and
did 80 now. lClieck ,iandctl htln.l It Ia dntetl
Juno %, 1871, aud went through my hands, and
was deposltel In bunk ~ the firm,
1t ,was ior s35a, md wus signed "Jahn Jones,''
Receipts fur CrAwfurd's accounts werc also
plis IN s.y t'efas'ae.
wit"tss uroece'led:, 70 my knowledge Ilar-
n Commissioner. i unlerstooi hu was n mcll.
her Of the firm ot ]. l3utlcr y Co., hut do not
ki.ow Of llis recount hclng offset by their bills.
The Gat'ks do,s't show when Juncs' account WAS
"by cash, s;i50 H." Thu merchandise was not
charged to profit and loss, hut tho cash was.
Mr. Tu!cy offered III evldence the contructs
letwetn Forsytl.c d Co: aud perlolat ana the
county; also the requistao1ls and audited bills,
June, 1o1U, llr lhcn closed Ills case.
| F0N THE pEFEN3E.
Mr. Smith didn't tnlnA t'.cro Vas any case.
Wl,Ilo there WIS evidcncu showing conspiracy
rOlinuct tho defendants With It, anl he suppUsed
tho Court would rule Us II had already ruled,
and tile case como 10 IN cild.
Tho Gourt--The effect u that 10 TINT you ask
the Cohrt to instruct the Jury to lind the de-
ftntlants ttat gtlfttyf
Mr. Enthusiastically.
MIR. Ashton aa!d tho Supreme Court Ind held
that tho Court could do su where 10 case hnd
Mr. Reed remarked TINT that was tue practice
1 TIE COURT SAID
lie would be reluctant abunt doing 1t, unless II
was bcyonl!! NIL doubt TINT there wua no casc
a hf,tu krRF I'M nj In
and ti!e fact, and might, even niter such MI n
structiOn, return q verdict Of guilty. But tht
Court would, Of course, iiavc power 70 set Il
ass s xoaa III ps9 sa It, It, eR FsSs e 81 ILL.,. s s'9n 5
s9nG 't to eoaslus'on S by arguing IT. 9ueston'
ths thsro Incl ins'ination 1 e., o. Lis , Judgment
asa oau w %ay wea "r o RH.s ysf e
question was ~ to tho connection pf the defend
sp'ruey' o,uo.--
NJ. Tu!eY then reviewed tbs Testimony, claim
Ing TINT cYcE under the Limitation, of testimony
by t,ia Court, conspiracy Ind been proven y
Which the county was robbcu OF at least tla, OK
year n erosestes, and largo sums III Hour
meat, etc. The presumption was that I'll,
parties wtr1 cogulsant Of tho frnuds, HnrrIs
Jones, aud Holden being on the Committee o.
rans Cnatss ths ~ ad az, tas bills aud
To be dvcktrd by tho jury. and not by tie Court
Aside fE0su tho proof, was there man who hai
not d conviction that tho defendants wer'
gniltyl
Mr.. SWEET roso to reply.
TIH COURT
/ hAyo very strong convictions in this rasc, AMI
| do not know that II IL necessary to hear iron
, tho other side. This Indictment charges ten o
U t!ozun men Il do not know how many Will
, having eolnblnel ,cousp!rsl, and AGREED to
gethcr With the fraudulent Rna criminal In
tcnt Ut cheating mud defrnudIng the County Q
Cook out Of Thousands ui dollaf4 in goods uu'
: thousan4s Of dolurs III money, contrary TO III
, statute that VIC have referred TO 80 frcqucnti
: during tho trial, the statute which went Int
/ whlrl, the Indictment Ia found. What ia cou
! kptrney1 II ia the combination Of two or 1aor
/ puEsons With wtlfui aud criminal intent for tn