National Republican., 1876-12-20
DOCUMENTS
4GlN ~ -
SECOND TRIAL OF cR4s. @. FISHER.

SECOAD IhIAL w Ch1O. U. rIOdEh.
he Is Charged with Stealing Inaiet-
ments and Appeal Bonds from the
Clerks q Gftice-Progress of the Case
Obtaining a Jury-EVidenee OF the
Witnesses-HOw the Deed WAS Dome
"A Black and-tan Dog Wanted.
There was q large attendance Of spectators in
the courtroom yesterday, gathered there osten-
tibly to witness the proceedings in the trial of
Charles G. Fisher, which had been previously
assigned for that day.
The defendant cameEinto court early, accom-
panied by his counsel, Messrs. Henkle, Warden,
Close and Judge Fisher.
General Henkle said that this was the day as
signed for the trial Of M Fisher and the defend
ant was in court ready to make q defense, and he
asked that the trial proceed.
District Attorney Wells and Mr.. Merrick,
counsel for VIM. Tyler, said that the dithculty
in the way was the case Of Tyler which really
had begun.
Judge Fisher asserted that 1t was a hardship
for them to come from a distance and be kept
here awaiting a hearing, and under q heavy ex-
pense 10 keep their witnesses.
Mr.. Herrick suggested that the Tyler trial
should be passed over unil this trial terminated,
and in that case proposed that the court adjourn
for the Christmas holidays.
District Attorney Wells remarked that last
year the court only adjourned for Christmas and
New YEARS. day.
His Honor thought that they would be able to
do little business during the holidays.
After further discussion it was agreed to let the
case go over. This is the
SECOND TRIAL OF THE DEFENDANT,
the jury failing to agree on a previous trial
The Indictment charges Charles G. Fisher, on
tain cases, which were the indictments and ap-
e hfn
stolen amounted to forty-six in all
the following result: james F. MaRuife. ac-
cepted; Robert B. Howison, accepted; Robert A.
HOoe had formed an opinion; Charles H. Demar
an opinion; John H. Butler accepted; Sayles J.
Bowen, accepted; John D. Magill had some feel
ing against the defendant and was excused; VIM.
Tucker, challenged by the defense; John F.
Dyer had formed an opinion; W. O. Mitchell, ac-
z B. Brook Edmund T. EckIof Alex. B,
BOhrer and Jacob Borl had formed an opinion;
James E. Miller, challenged by the defense; Jas.
+. WOllard and Thomas G. Magruder had
formed an opinion; George Gsddis, challenged
by the defense; John B, Crowley had formed an
opinion; Edmund Handley and T. q. Clifton were
This exhausted the panel and the Court
ordered eighteen talesmen summoned, from
whom the following Jurymen were obtained:
Edward Edwards U. H. Ridenour, VIM. H. VIII
lams and W. A. Barnes
District Attorney Wells made a brief opening
for the Government.
INTRODUCING THE TESTIMONY.
Geo. r. Herrick property clerk of the Metro
pOlitan Police force: Had the charge and custody
Of all the papers coming into the possession of the
that came from Chief Detective ClarYoe, Papers
shown and identified.
E ]. Middleton, sworn: Had been assistant
clerk for more than nifty years. Diapers shown.)
Recognized the papers. They had been in box
the appeal cases were kept in separate boxes by
themselves. The desks where they were depos-
tied were directly back OF Witness seat in the
ofice. The door was secured by lock and tas-
tened by witness.
Of September when witness attention was called
TO the fact by Mr.. Camp that the papers were
missing; made an examination and found that a
when Charles Fisher ceased to be Assistant Dis
trict Attorney. While he occupied that position
disposed, and might have taken papers out IL he
felt so disposed. Did not doubt but that the Dis
trict Attorney often had papers in his ofice be-
zee that he took papers out Of the office; had no
Fuch suspicion. Mr.. Meigs had keys 70 unlock |
sent. Could not tell when the papers were seen
last before being found and shown at the Police
Court. Gould not tell definitely when the witness
saw the papers. The defendant had been con-
nected with the District Attorneys Office for four
or i've years and had free sccess to the papers in
Redirect Could not tell the day exactly the
papers were missed: The District Attorney did
cut saying something about It.
THE PAPERS IN THE CASES
Harvey, Jacob Richardson, Simon Dentz are out !
and have never been found
j. J. Camp. sworn: III 1875 witness was assistant
clerk TO the District Supreme Court and was en-
gagged with Mr.. Middleton on the papers of the
Criminal Court The papers were placed in tin
boxes enclosed on three sides. The United States
cases were kept in separate boxes from the Dis |
trict cases. The larger case holding the boxes
was locked at night and opened in the morning.
Mr.. Middleton carried the key. There was key |
in the drawer that would unlock the case and |
circuitcOurt closet. 1t kept in the drawer on
District Attorneys assistants were The onIT ones
that knew how and where the papers were kept;
carried the Key TO the outside door of the room.
One morning witness found that he cOuld not un-
lock il; saw something loose IN the lock; took i
knife and pushed IL out and found that ii was
piece Of a brass key.
The defense here admitted that the papers pre-
sented were those denOminated in the Indictment.
Witness resuming: The papers had been gone |
missed. Made search and found number miss |
ing. The papers were regular court papers in /
criminal cases. both United Sta-es and District of
Columbia cases. They did not lay in the same /
boxes together. They ran back to $685. and in /
point Of time beyond the year 1874. and the high
est number came to within short time of the /
date on which they were filed. All OF the cases,
with the exception Of four or fVe were filed |
Crpss-eIamined: The room where the papers /
were kept was public for these harS- business IN
ile pttee, There was only one case where the |
Griminal PAPERS we're kept.
THE ONE KEY WOULD UNLOCK ALL THE LOCKS
in the cases. The defendant was some time con-
nected with the District Attorneys Office, and |
went cut with his father when Governor Wells |
took possession. The defendant knew all abJut
chose. They were taken to the District Attor
ney's office at times; never knew Of paper oeing |
missing previous to that time Some Of the papers
were hled late as August %, 1875; did not know
when they were taken. There were many i'm
poTtant indictments that had not been disturbed.
Most Of these stolen were appeal cases in which
Detective James A MeDevitt testified to max
ing the arrest, and recovering the papers from
Charles hurdle.
Charles Bruce sworn: Brought the defendant
in carriage with Mr.. Sayre TO the east end of
the City Hall Fisher got out aud was gone a
short while, when he returned and asked If they
had seen small boy pass; was told no. and he
then went back. Afterwards was told to drive
across to the Columbia law building Fisher
came over directly, and said all right he had the
dog witness did @ not see Si.y any dog Fisher said
rage, and they went to Eighth and D streets.
and then on / street. between Twentieth and
mained a few minutes, came back and said, drive
to Mr.. Sayre's house. Went there and Mr. Sayre
got out, but remained OILY a minute or two. Then
took them
TO THE HOLLY TREE ROOMS,
on street, where witness was discharged. 1t
was not 10 O'Clock when witness returned to the
stable.
Cross-examined: Testified in the previous case
Did not know that his memory had frightened
since that time. 1t was about O'Clock when
they started. Went first to the owen house, then
back to Hurdles Heard the remark to Fisher to
drive over to Patsey Morgan's. 1t was not Hur-
die, himself Witness did drive over to MOrgan's.
Fisher jumped out and back, an a man got rig hit
in with him: Witness thought then that it was
Hurdle, and did not know any different vet. Two
or three days after that Hurdle brought Donohue
TO the hack stand and said that witness had
made a mistake, that it was DonOhus in
the carriage with Fisher, AMI not he
(Hurdle) Witness replied that he thought
it was Hurdle, and would have sworn TO it. This
occurred previous TO witness going before the
grand Jury. DOnohue was with Hurdle at the
time. and said that he was the man who got into
the carriage, and IL was not Hurdle. When they
reached the City Hall the moon shining
brightly. Sayre remained in the carriage and
Fisher and the other man got out. Fisher came
back shortly, and asked If they had seen q boy
come by, and then went down the gravel walk.
Witness did not notice where he went. When he
came back Fisher said TO Sayre that the man had
got the dog and gone. The man that went behind
the City Hall with Fisher did not come back.
Redirect: Did not brush his coat before Fisher
came to the City Hall. He asked witness to
brush it. He had dust on the shoulder and one
side. 1t was light in color.
Calvin NJ. Sayre, sworn: Had known Fisher
wears Had a ride with him on