, 1876-09-29
.,, Beardsley Explains How the
' commissioners Got Their Gro
ceries.
c,.vordcn Kimberly Put on
tho stand.
u,p uo Va, Led into Temptation
u'" His knowledge Of Shortage
,..~,, Of Mr. Tuloy's Interesting
Questions 1luloa Ont.
CONTENTION SESSION.

..,,n,y ras resumed III the Cr'mlhnl Iouft yes1
eoon,s' nnrnluc. The attendance Of spectators
tenaa} h'o' n. m "Wednesday, the case
vi. ahot 'ae oa. ~, fn,arcs,,ur features To
teemlngly possessing M 'p'e'''N''@ 'e9s"'.' ~
..on,e rho 1lnve leisure.
psTh Tho examination Of Jerome g. beartlalcy'
1.ss- ~ tho firm Of James Forsythc u co.,
nemper u Nv IT,. .o.tt}e,l M fo}1nwa: / can
WIS contInued' !le ..s .es'i" ,eot. ~ ~. Arm wh"t
tell By reference 10 Inc eouAs ~ s"o .,'."'ss
commissioners oblatncu groceries subsequent
~ HE I. 1S7j.
~ an,.th said the Witness must have m In
Af' enn'" e,,,.ttor e" ia cni,1d refcr To tho
dependent 1ee'i'e,'t0H. a. ~ ~ofr.s,,tro HI,
looks only Tor the pulloso VI 'eA'se"'ss 4'''
1,c,noty.
Tic Court nlloWed the 1act that tne ACCOUNTS
s.jtcd 10 be shown. =, can,,.,
witness turned to tho account ot aamuel
ill., Tulcy offered the account IN eVlucnce,
mi shIJ he proposed 10 lolloW " l'p ny pFoF'
ihc tbat Ashton got tho groceries. see
Wltncss--Tte tte.ns arc: luly y, Slo, anu
E,nt. 2A ls1i, SI.SV. Ihat Ii ~ AsHtoi ~
eftrr july !, 1911. Anot!!us aGc9unt Is !o!in
9stsa 9Esrtasvalord's-rulyd q s3O9@, and Doc. 1S, 1S!a,
siaA11 The next Is John JonGst NoF. ~ 42s4
frasI}. AL1O; Iu1io i 1eiot "su;tu; HoS; ~,
txl.;U: Dec. Is, $1so7. Anutl9r ts y. !. nMs.
tvl!'s,-Aus ~ lo14, s9pa4' seps' tIets;i II etS;;7'i
OcL ., $ss.su. ALolneF - a1s1PM "a
Sept. 9, 1s74, sGa.G9; Noy: 10, Sl1.@: Ihe
looNs show what Wns tinno M WIN tneso aeeouMts.
Afhton'a ACCOUNT, fG7.so, WIS cha1gca 70 pfoat
md lass Dec. VI, 18Th.
Q-h5 whose dtrcctioht
Mr. l1,7rey objected. '..--.....
str. Reed saIl theY proposed 10 prove II was
done by direction OF pcriosat~
sif. Harvey retl'nrked that tlio conspiracy HUI
not yCt bcen shown.
Tie question was Withdrawn;
Witness went On: Nearly III oil o. lh9 o. accounts n,
have been settled since ttey were eharsea 70
rrojt and loss,-eo,uo by receiving . note from
{. T, Ierielat for twc-thtrds Of tho amount
chalgM II profit md loss; ...,..,.,,,
The answer"as Objected to, ,l 5ccausc't brought
inaparty wIlo was not on tria!.
l'hr Court stlid lis recollection Of the law q
conspiracy VAS tlnt TIC acts anu deeiatAtions o.
ORG alleged consrltator were not, am cnalu ho1
he, evidence uEalnst ailotiGr, uni. tao % gon-
spiraey os combination lan been pso9ehi tnas'
largely to. tue discretion OF TUG Court. Iho
p'o5Iag Of conspiracy must very largely uo-
pend upon circumstances, nGts anu ucclafattons
Tlseton'y point was Is wletl!er tlo prosecution ,t
was hound to prove thc conspiracy ee1ofc prov
Ing tic declaTaifons. ......
MIR. SWEET coSTrnnEn ..
That the riie of lay was tint tllo evidence q
lhe declarations and acts Of co-consplrators did
net beiong ~ thc case mil she unlawlul CON- @
bltattol had been proven ~ independent testE-
n9py. u..,.,. .,,o ,,,.u
Nj. Reed admitted that the osdfnary Iaic was
urged that ttc or!ler Of tho cyidence was dscra-
t!onary With tho Court. .......,
~. Smith argued tlat + was not not proper, 70
ALLOW tle peoplu to Introduce the RESERVATIONS
Of 4 that 3 was lis co-eonsptrator until It. was
nT*s thoHn That was tue agent Of u, OFF all
u13e, that he was In tho conspiracy.
NJ Tuley, IN reply, contcnded that The acts
o. tEc palsGs charged wtsh Composing tue con-
epmasI e,,g' could DO shown IN oraer to prove tho
a.. An houf ana hall WAS spent IN tho alscus-
6on' ....
Ihe CouFt-ln this Indictment, conspiracy is
charged against dozen men with the Intent
u"d I uFpOss s cny o @ lyrtaa
trs aa@ certain moneys. All arc Charged With
ta1lsprar5, hut four or five have taken change
ti 81 senaai tle others ute on trial: The prosccu-
t'on pTnp@ses to prove q fact which they say
aebas 10 sow tg conspiracy btt taat iact y an
tlelsl!da1,ts WHO Is not on trial. It is objected
~ taH testimony, among other things, that It
sal!not W introduced BECAUSE he (l'eriolat) ts
M. na,,s',, OF alal. It Is not evidence in tl,is
t,.usplrary,but apprclend Ii man has takcn u
tsat$c IT yenuu or forfeited his bail, or been
k'lled' or d!etl. and WIS not Oh trial, that you
,;n WIZ, s'n~ on. t,at he was ons Of ths eonsp!raors
,'M Mi.sn .he o1Eefs aIo being tried. Thc Court
6ala VI 'tons shall be received as evidence by
thy Jury until tho conspiracy Ia established,
h!li also tho connection Of the marty With It.
u tic faet to 10 shown tends to show d con
'P'raey 10 deiraud Cook County, haye
FAILED 70 sBE II.
n ntends to show tl4ut sumo men had accounts
listed for conspiracy, and Lint the neco,,nts
Ecle tlmrgcd to p.ot|t and lpss. II in rrtnrf,
e'tinlony, Int cannot even SIC tie tendency ia
saIA the objection, Il bc!ug understood that
70 not ucttle TINT tho art5 md tlcrinrefIona III
.; rs1Innt a'! ef kin,erly car.uot be evidence tc
Ycp hasc t. eonnect @ s I'm iSithe
soaai vnsss that sap be .louc there Is no use ot pro
~. EuIry asked for q r,,Ic on the Count,
Ietk to a1law Ills tTuleytsl nartnsr tn insnct:i
nc lapers ce1l1eclea with tin transnrti"na n,
i%,tsyte Il Gu. Will tGo county, sIucs Lib ha,
ie'ussd to permit them 10 bo exatninei r. cIran, @
" w., t9Fder Of the Court. '>@'['@>'
III Llel was nut iii etIlpr ri Eh, '.c,,rt "
4 Asu'mrna tiuees tocum wa ti,srcfr,c ,.ar,t,
The EXAMINATION of mr. nnaratsv ~ .'sIu ~,
Resulted. NM t''''
,,V->tatc whether tte,o .ro onv o,,r,o, =,
tu Aoks showing anythio @ annnestc y'tb tS =,
1r1lnts III thc CvmH,jssjnncrs' s,,nsrn,ent ~ r.
ths's teng rharseI un t., ,,roas and 1oss -
A.-frs, sir. Tlin hoo1,s a,,t,sy thnt +ho,
. %eFu settled by Il notn rrr"ivni frorn p.r,,'1
lof tAu-bhjttls ri Tho n,,nnnt ..a'Im a. o - y
Itrlp]atsh nhte INV e,,,i' se' G't"s ~ -