Evening star., 1877-08-30
LOCAL NEWS.
Thsss Mexican Claim Pa~~ru


IL red, were In the hands OF the propertv
clerk 81 police headquarters, a few iays
nce, and upon the disposal OF a case OF
sbeas corpus before the Supreme Court OF
the District, the defendant went 10 the prop
erty clerk and demanded the papers, which
were given 10 him.
tice 10 be served upon defendant 10 bring the
papers into court, and that defendant had re
fused 10 accepi the notice, wherenpoa tt was
oy Wilbur . direction, served upOn bis coun-
Mr.. RhoieS. a oour; haIlir. who served the
notice, testified in accordance Win the above
statement
Mr.. Miller counsel for defendant. was
called ss a witness, and TESTIFIED thai he did
not nave The papers nor did he know where
TESTIMONY or THE PROSECUTION.
Jasper W. Johnson teslified that lac WAS an
attorney for Mexican claimants He de-
scribed The character OF the papers missing,
which he said were the orig inal ones pre-
pared by the Claimants I'm Texas. who had
lost a great N sny cattle, horses SC, from
the notorious raider Cortlnas. and sent 10
witness as their attorney As attorney he
was TO receive so per cent. of the collections,
and bad power OF attorney in accordance
with the facts stated. There were I,G22 OF ths
papers altogether. He made the aclusint-
snce or wilbur IN this city, and al nus invi-
tation made his house an Office for the trans
action OF his business In connection with
tLese claims. Wilbur had stated 10 witness
mat ne represented a wealthy New YORK
nrm, and thought a sale could De negotiated
win thiA nrm. Witness had been engaged
I'm CON psring these papers with some copies
made of The IN AT the house of WILBUR fhts
was some Time in July. THIS l. The last
got
SEARCH WARRANT
Tor their recovery, believing them to he In
The possession Of Wilbur. Witness went
with the officer who made the search ant
Wilbur ordered him TO leave The room a.
once They succeeded, however. an getting
memorandum hook belonging to the
papers, and after further search tound the
papers IN Nalise concealed I'm a wardrobe In
Nllbur's house. Taere were some other pa
peTs-an abstract, &c, found with the mem-
orandum book, IN a bureau drawer. Tue
wardrobe was locked, aud also the valise.
Mr. Wilbur had mo- int crest whatever tn the
papers. witness explained that be took the
papers 10 WilhUr's for the purpose of making
= negotiation For their sale 10 the y sw YORK
nrm- as before stated. copies n al ID bs made
OF mem. which took some time. Finding
they could not sell them, " .tneSs was about
10 tske The copies away To find a purchaser
On his own account, Wilbur hecttst IN this
and also objected to witness taxing ayay tho
original papers. winch eNas yerated witseSs
very much, AMI he now began 10 suspect
wilbur OF some design. After this time
THE ORIGINAL PAPERS
were al The Treasury department., and Will
bur Induced witness To bring them back 10
hls room IN order to perfect the copies. Wit
ness hnally did so, and IL was AT This stage
Cross intrinsic value OF
the papers stolen was In the Judgment OF wit
ness 81 goo for fourth interest in them.
witness bad several Offers for them, one of
$4,000 Witness had acted as attorney for
1eIenoahi an claim against one OF the gov
ern mont departments.
Witness here explained the contrac, en-
tered into between himself, Wilbur and the
New York brokers. 10 the eff ct Tn AZ the lat
ler was 10 advance y per cent. on the face
value OF such claims that were sold - Wilbur
20 get ten per cent on The amount paid by
NE broker for the claims purchased. After
Ihe nrst copies Of the papers hal been made
witness TOOK The papers To the Treasury de-
partmeni, ahd subsequently WIlbur insisted
hat they must be brought back IN order TO
nave SET OF certified copies made for the
New York firn; these Wilbur said should bs
sertihed before a notary public. Upon this
witness brought the papers back To Wilbur's
house.
A pristed assignment was read 10 the court
which witness testified was drawn up by
wilbur, transferring one fourth interest OF
.hese claims TO the New York firm, but
which had never been executed.
X. d. MITCHELL TESTIFIED
10 going with johnson TO Wilbur's house 20
,emand these papers Witness was iutro-
fuced 10 defendant, when Mr.. Johnson made
4 oemaDd Tor his papers. WilOur remarked
hat II that was what they came for, they
might 80, as he had nothing further 10 say
10 them. johnson asked Wilbur II he de-
rlined 10 deliver them 10 him and w replied
ha; he did decline.
Here the prosecuting attorney restei his
T.
MOVED THAT THE DEFENDANT BE DIS
CHARGED.
lie argued the case in support OF his motion,
claiming that Johnson had no riglt 10 the
papers pending contract for ne gOtiating
hem which was being carried olt by defend
ant. Mr. Johnson's remedy was by writ OF
replevin.
THE COURT ovERRULED THE MOTION,
stating that the papers had been taken out
OF The custody Of the court without psTmis-
slon, ana until an explanation was male by
All tie testimony SHOWING how aud by whose,
authority IL had been q Dne the court world
not entertain such a motion, aud the court
thought that upon the testimony OF Mr..
Johps"n the government had made out a
case. Judge Mills here rectei the course
taken by defendant in repossesSing himself
oi these papers while they were Yet In the
custody OF the Police Court, although held
by the property clerk.
GEORGE X. HEkRICK, POLICE PROPERTY
CLERE.
here came into the court and was called TO
Lhe stand by defendant, and te u fed that the
PAL ers were put into his possession by Lieut.
Vernon, OF the detective department. He
gave them up on the presentation OF a certi-
!. aJd - iS, GSopy OF lhe VIII OF haoess corpus, on
harge OF TIE prisoner who presented the
certificate and demanded his property.
Crossexsmined by Mr. Miller.-Tnere was
hothlng presented To him 10 show that the
;sse had been disposed OF by the Police
Court. The rule be bad always followed
was 10 deliver the property up upoa "A esrti-
Nels OA u tsNlAdi sc VI q pIASOilcr Oy ito
Judge OF the court.
hr. Garnett renewed his motion IN dismiss
ne case, and IL was again overrule1.
THE QUESTION OF RAIL.
MT Miller asked that III bail be liked a.
-looOl, unless The papers were placed IN the
;usiocy OF the : tate department. in which
case he would be willing TO accept any
anI' unit Of bonds.
TIE court fixed bonds at 5000.
Nj. Brown, Tor the prosecution, said that it
Lad leaked cut That the papers were obtained
by MI McDeNiu on search warrant. aud
hey Were Of great value 10 them. He asked
hat the court issGe rule requiring the par
les 10 produce them.
Mr Garnet replied on behalf OF the ac-
FUSED.
VIEWS OF THE COURT.
Ihe court said he had been looking into
ne question OF contempt, and had come 10
he conclusion that the court would not take
urisifctton. Reviewing the duties of the
Pr perty clerk, he held that IL was his duty
% retain property until he received an order,
ar q ne having given up the papers without
'uch order be was espOns BILE. Mr. Herrick
he thought, was mistaken TO the usage: ii
lad been his uniform custom TO require the
y lIoduction OF an order. He thought Mr..
aerrick bad erred I'm judgment aud actod
Cne what precipitately. In connection with
bis subject he read from the act relating IN
ne police, as TO the dulles of fhe v,r,,,.rsv