, 1877-10-21

overwhelming, and could not be disturbed by
the nliserabiy shallow attempts Of the defense
by wav Of justification and explanation.
Last, but BY no 1neahs least, was McCaffrey,
and, as I'LL evidence OF his connection with tho
conspiracy, Mr.. Storrs referred to his political
and personal Intimacy with Pcriolat-his mell-
bcrslip in the Club, which organization COM
1 mentsd with with the conspiracy and died with the
Commissioner in December, 1874. The inter
view at Forsythe T. Co.'S store between kimbcr-
~ periulat and McCalFrry was then advcrted
to. The subject Ut that interview was demon
strated to have been the
FRAUDULENT SHORTAGES UNEARTuED
By tue Holden Investigation, and The manufac-
ture ol the frauuucnt book. Was it possible
to conceive that McCaf1rcy was present, as
Bcardsley testified he was, and not have been
party to the taks \ blank book was sent Ior
while lie was there. To show the character OF
the book, kimberlY's evidence was read. Did
he tell the truth! Where was McClevy! He
was in the city, aud could have been reached be-
fore the Testimony. closed. Above all, where
was the books Its history was continuous
Having been fabricated. it WAS demanded by
McCatlreY ut the investigation, was placed in
the hands OF the joint committee; and on the
strength OF it the sWindle was H'lliteWas11cd
for kimberly's Endorsement. Mr. Slorrs asked
the jury to pause anu consider the situation.
Whom the gods destroyed they first madc
mad Holden came upon the stand. III Deccm-
bcr, 1874, having Just been elected, he was
anxious to distinguish himself, so he set to
work investigating the atfairs Of the pQar.uonse
and insane Asylum On his own hook. it didn't
take him long tu6i:sCover tNu t@.'ngs: ~ 4
gross and outrageous system OF overrharEes:
and (a)a plain and unnistakaoc shortage. Rc-
fore Kimberly made his llasty trip to Forsythe
IL Co.'s store with the frightened exclamation
- 1t is all up" Holden had told him Of
his discoveries, and had asked for a
book shown. the goods received. In
the prcsencc of this calamity McCaffrcy WIS
called i'll to take counsel. Was there on the
Jury 1llan c!azy and dishonest enough to doubt
that there were shortages in December, 1874,
and that McCaiTrey knew it! Kimberly, having
teen vintlicatea and the ring sared, the laborcr
was worthy OF his hire Then clmc the 30th OF
January, when the payment Of 5000 was made
to AcCatlrey. Was that money paid to hitn +?
Why was the envelope addressed to a1cCaffrsy!
Why was it taken to the club-roonl. and how
happened it that at that particular time Perio-
II whom was the money charged! The entry
WIS "A1cCatfrcy, $3O0.' As matter of
course, Periolat would not have hand
ed over tle money. in Bsar,lsley's
prcsence. McCattrey would not have permitted
it. Was it to be supposed that RcaTdsIcy took
that money there without previous direction and
of bis own motlonl But the most
CONCLUSIVE FEATURE Or THE CASE
was that no one disputed that Hrardslcy did
actually take thai money to pcriolat for Nc
CatIrey. McCa1Ircy's version Of the affair was
that Rcar0slev was at the club-room when Ee
got there. Bcardsley denied that. McCalfrcy
said that he Was introduced to DeaFdsley By |
perioit. Bcar.lsley denied that. obviously be- !
cause he had met MeCafIrey at the store in De- |
cculber- AicCatErcy said there WIS a conrcrsa- |
ton about Beardsley joiniug the Club. |
Beardsley denied that. Which OF the !
stories WAS true! Was there any reasonable |
was false: and If it was false, he |
the money, and was euity bcrond all |
Beardsley by calling him US their own witness.
He had no induceincn: to testify, and Was
most unwilling witness ior the prosecution. J
Periolat practically admitted the receipt of $33UO
that day by the effort u1ad: to explain the dis
position Of the money. How absurd vas that
explanation! Tile sum paid was S::.l, but it an-
aeare nowhere to have been paid by pcrioIat.
llc matter was merely whether ilc had bcconse
security Ior Mrs. Rose, and tac presumption OF
aw was, in the absence Of prouf, that she fur
1lsiled the money. II Pcriotat furnished the
money lor her, why was rot Mrs. Rose called!
ii the firm OF ForsFtle d Co., and ii he himself
,aid the money, his hooks must necessarily
how it. Where We're tneyt Why SEND to For
ythe u CO. for mohcy to pay bill for which
hey were in no way responsible! The firm was
money to the clubhouse for su:h purpose!
Ind, why should Periolat lie about I'll The en-
RI in Jaegcr's book WAS the first payment made
hat day. Three others followed, anu tho money
;as paid about 4 O'Clock The whole story was u
10th. Mr. Storrs spokeof the effect Of fabri-
ated evidence, aud then alluded to the pay
lent Of the fraudulent bills OF Hogan anu tile
,tting Of the contract o1 May, 1915, to Pcriolat
croratlon on the subject OF McCaiIrey, he re-
AIRED to the cohesion OF ali these facts, saying |
lat, uAder thelt oaths, the jury could reach no |
ther conclusion than that
HE GUILTY.
After showing that Kimberly was corroborat- |
i in every particular BY the testimony Of
thcrs and hy the books, Mr.. Storrs |
poke OF tho threats Kimberly was
lcacd to have fnadc against Nc
afTrty, saying that Kimberly had not impli-
as idle aud frivolous. Under the advice Of !
:rtain attorneys and certain other persons he {
nd denied everything at tirst before the Grand I
ary, but who could say that the story he told
eiievc him him when he swore against his ac- !
,mpliccs as when he sworc for them: Carpcn- !
r hau squealetl, so had S'.ectzer; and
le difference between them was all
e cut loose from the ttRing,'' while they
ere still members OF it. He was assaulted by a
lc corrupt combination for exposing their. | !,
r, Storrs defended Kimberly, telling the jury
ICY should not sanction the code Of honor :
nong thieves.
In conclusion, he complimented State's-At-
rney Mills tor his devotion to Ills duty, and q
,pealed to the t" elve to keep the. evidence and
cir oaths before them, anu, in the Or cncc Of
stlce and OF God to do their whole duty, and |
ush out the foulcst conspiracy that ever dis
accl our local history.
The last word was uttered at quarter Of
clock, and the Court said, rs he had not had L
nc to look over the Instructions asked by the o
q RECESS would be taken until 6 q
clock. At that hour there we're about twenty !,
opte in the courtroom, and they we're disap- -
,intcd BY word from Judge Farwcn that n
would not be ready until s s
clock. Eight bells passed, and Still he came ~
It. Nor did he make his appearance at
clock. At quarter Of 10, however, he came
with huge roll OF manuscript under his I
III.
The jury we're at once sent for. They had |
en enjoying themselves By walking Up and
wn their narrow room and dancing aud
lging Sankey's hymns. His Honor read to
cm over TN hour before he exhausted bis |
copy"
The instructions were In the main legal, those al
reference to the facts OF the case possessing
particular interest, being in substance, .sif | 81
e jury believe this they must do one thing: if o.
cy believed that they must do the other
iilr,'' n
The twelve tired men filed out at quarter Of II
o'clock, and then counsel broached the qucs-
n Of how long the Court would wait Some n.
X occurred as to whether 4 verdict could be
:eived IN Sunday. ,
state's-A attorney Mills said not.
air. Kecd OF course maintained the contrary, y
got Gillman's reports to sustain his posi-