Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-15
SHERWOOD'S SORROW.
THE EX-PO6EMASTER 1T BRAINERD
ON Trial FOR EMBEZZLE1fENT.
His Wife and Child Anxious Spectators
Their Display of Emotion-The Defense
Eloquent but Technical-C Charge of the
Judge Bearing Heavily Against the PrIs-
oner-The Jury Out All Night and Likely
to Disagree.

LILO OAaeou Otdt56 OlSIl1CG court mas Deer
engaged for two days upon the case of r. S
V. Sherwood, the Brainerd postmaster, VIII;
is charged with the crime of embezzlement
to the amount of $4,000. There has beer
| no little interest conferred about this case
and it is one having some of the elements Of
the tragic in it's intensity. -..s.
Sherwood is man who has been of good
repute, who has enjoyed the trust and conf.
dence of an entire community. He resigned
the position of conductor on the Northern
Pacific railroad to accept the position of
postmaster, to which he was recommended
by Gen. Averill, of this city. s.f
P1THU1 PICTURE.
Sherwood is married. His wife, q comely
woman of evident refinement, and their
child, q beautiful young girl of II or ID wears
of age, have attended the stricken husband
and father in court.
They have set apart from him during the
trial; together they have watched with in
tense interest every moments progress of
the case. The wife has been wounded time
and time again to tears, and the daughter
has essayed to comfort her. A most pitiful
picture: =
Sherwood, too, has evinced to the fullest
degree sorrowful appreciation of tho posi-
ton in which he is placed.
THE HISTORY OF THE CASE.
The history of the case is familiar
to the public, made so through the
columns Of the GLOBE, at the time of his
arrest for the alleged embezzlement. He is
indicted in all the technically of the law for
converting "money order funds'' to his own
use. This discovery, and the amount, was
made by special agent S. B. Child along
about the Doth of July last.
THE PROSECUTION.
The trial was begun, as common in such
cases, without marked interest on the part
of any one, until attention was invited by
the devotion of the wife and the story of
Sherwood's defalcation. Hon. G. D. O'Brien
assumed charge of Sherwood's interests, and
Hon. w. w. Billson has conducted the case
for the government.
The testimony was given in for the prose
cution on Monday; and consisted manly of
Special Agent Child's account of the discov-
cry of the shortage, and of Sherwood's &C.
acknowledgement. Following this other evil
dence was submitted for the government,
both oral and documentary, to establish tbs
fact of the deficiency in the funds, and
Sherwood's inability to account for the
same.
The defense both in evidence and plea,
did not conirovert the fact of q deficiency,
but contended in proof and argument that
the defendant had not "couverted the
money order funds to his own benefit
MIR. o'BR1EN's ARGUMENT.
In giving the case to the jury, Mr.. G. D.
O'Brien made an eloquent argument and
appeal in behalf of his client. He instanced
as evidence of defendants innocence that he
confessed to tho deficiency in the funds, and
that Re made every effort to repair the short
age. It was set up that tie total deficiency
was an accumulation of months, and begun
in such small sums that they passed the OBJ
sorvation of defendant. At any rate he had
derived no profit from them, didn't know of
them, and had tried to repair the accumulat-
ing loss. The peroration was an appeal
both eloquent and forcible, though at the
same time counsel disclaimed any intention
or hope of swayiDg the jury by sympathy to
the utter abnegative of their Judgment.
MR.. B1LLsoN's ADDRESS.
MI. Billson followed for the COVER nment.
He contended the evidence proved the guilt
of the defendant. The government had
made out prima facie case against him. and
though the duty was sad one, he felt
called upon to demand of the jury verdict
of conviction.
THE CHARGE TO THE JURY.
The court charged the jury at great length.
He began by inviting the attention of the
jury to law. It provided for the money
order business, defined what constituted
''money order funds" such as were received
in payment for money orders, and
stated that under the law certain acts
were denounced as crimes. Among these
was 'the conversion of any money order
funds to the personal benefit of any one en-
trusted with their keeping This was en-
bezzling, and crime of the highest degree
under the law and regulations duly provided
for the postal service. The court affirmed
that it was justly so considered; it comprised
breach of trust as we'll as that of theft, and
was one which when proven should not be
overlooked or palliated, for in the admins.
tration of governmental affairs it was of the
highest public interest to have faithful off
GERS of sterling integrity. Continuing, the
court said the act of Congress
providing for the money order
business, also provided for the
proof, or stated what was necessary to prove
a prima facie case of embezzlement. It
consisted in placing in evidence transcript
from the records of the sixth auditors office
of the Indebtedness, and establishing the
fact that demand for such moneys was
made upon the party by an authorized agent
of the postofice department for the funds,
and failure to respond thereto.
This left the burden of proof with thesde-
PENDANT, to controvert such evidence as the
law thus required.
In reviewing the evidence submitted in the
case, the court stated the special require
ments of the law had been
fulfilled BY the prosecution. The
transcript had been submitted, and
even more, the prosecution had proved the
indebtedness by the defendants own books
as postmaster. He had failed to respond
when applied to for the funds. In detailing
the evidence, as submitted, the court said the
further proof was adduced that the shortage
had accumulated month by month until it
had reached the present great proportions,
for which accused stood indicted and had
been tried. This deficiency had come month
by month to the knowledge of the defendant;
he had failed to report it, but had screened
or covered it by process which in
itself was criminal. He had borrowed
the money on the specified agreement
that he would furnish IN the future post
Office money orders for the sums thus loaned
| at such time as the parties from whom he
borrowed might want them, and in such
sums AZ might be desired. The law explicit.