Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-06-30
LOCAL NEWS.
The Estate Of Mrs. Tore,

TIE CHARGE OF DIAMOND ROBBERY on TRIAL IN
THE CRIMINAL COURT.
To-day In the Criminal Court, Judge Mac
Arthur presiding, the case of Lafayette Waters,
Oliver Waters. Robert Waters, Oliver Ambrose.
Oliver A. Daley, and Louisa Waters on the
charge OF robbery OF ChaS. II. Torrey on the 10th
OF May last, by making an assault on him and
putting him In bodily fear, and taking from him
lars was taken up. Mrs. Waters not having
been arrafgned she came In with Mr.. John
Amber Smith and entered plea OF not guilty
and Immediately returned to the marshai's
Office Mr.. Smith subsequently reported thai
she was quite unwell and unable to remain In
the court room, and the court directed that the
case proceed as to the others MT. 7: A: Lam
bert appeared for DR.. Daley, and Mr.. Smith for
the Waters family and Mr.. Ambrose.
Mr. X. X. Perry opened the case to the jury.
simply remarkiDg that the case grew out OF a
the principal witness the Court could determ-
Inc whether or not this was a case OF robbery.
Mr.. ToRRBY TESTIMONY.
Mr. Chas. II. Torrey took the stand and testi-
Corcoran street. On Saturday. 18th OF May. his
wife, Mrs. Mary A. TOrrey, died and he left the
room with Oliver Ambrose, going up stairs to
the third story for the sake OF quiet. Witness
talked to Oliver, saying that his wife had left
him (Ollverl in his (Torrey's) care. and he would
see to him, and that whatever was his (Torrey's)
him. Within twenty minutes there were five
different calls for witness, and finally Mrs
Waters forced herself into the room, and Oliver
Ambrose went down stairs.
SIEGE OF THE BEREAvEB HUSBAND WHILE HIS
w1FE's CORPSE WAS In THE HOUSE.
Ambrose and Lafayette came up Shortly after
wards and made demand for the diamonds
bIeastpin, necklace and rings, which witness
Wife had told him were valued at 3. 500. They
also asked for the note for 1000 drawn by Dr.
DALEY. When the demand was made witness
said he did not wish to talk OF business until
after the funeral Next morning he went with
DIR. A. Waters to the Congressional Cemetery to
see ABOUT the grave. and on the way DIR. Waters
Sa eG Ssd have 10 give up the
pistol with which to enforce the demand. On
sunday about II O'Clock the parties named all
came into witness room. They then made
formal demand for the diamonds and note. Wit
ness said that he did not propose to do anything
until after the funeral They said that he
would have to, and Oliver Ambrose said that
there would be HI to pay il he did not give
them up. Witness then proposed to go to court
but they declined to accept the proposition.
A PROPOSITION TO DIVIDE.
IL Was then proposed that the effects be d.
expenses out OF his share. Finally witness said
he would give them up the diamonds and note
II they would give him receipt subject to the
will and the decision of the court. The receipt
signed by DR.. Daley was produced and wit
ness read it. Mrs. Waters was In an adjoining
room at the time. He gave them up because he
an hour after his wife's death Mrs. Waters
forced her way into the rOom-grabbing him by
the beard and his lighted cigar set fire to his
beard. Next Lafayettee Waters and Oliver
Ambrose came into the room, and the latter
said that the diamonds belonged to him,
and he wanted them now. Lafayette Waters
spoke up that he was there to protect his
cousin. Witness told Waters that It was none
OF bis business. and left the room. Next was
Dr. Waters statement on the way to the GEM
etery. He was quite pleasant at first, and said
ollie had pistol, and had been told to use it,
and he was afraid he would use it. The next
occurrence was the five coming into the room
Oliver Ambrose had since stated that he was
oVerpoWered by the rest Witness attempted
TO get Out OF the room, and they refused to let
him go out. There were no blows struck at
this time, but five induced witness to give up
tne effects, ior he did not wish to die by his
wife's sons hands while his wife'S body laid
dead In the house. Witness had not found a
Will, for he was not allowed to'search for 1t.
T0RREY CROSS EXAMINED.
Cross-eXamtned by Mr.. Lambert: Witness
came here from Cincinnati; was born In MaSsa-
chuSetts; enlisted and served seventeen months
in the army; married Mrs Ambrose July ID
1873; she was widow at the time: don't know
what was her age. Witness declined to say
Whether he was WfdOweT at the time. He
was at liberty to contract marriage at the
time; had been divorced at his own Instance
out did not bring the bill he forced it. On
the 18th OF April, 1876, he was divorced, but
ne ne forced his wife to bring the bill.
Dld not know that the last Mrs. TOTrey had any
property other than the G street house, which
DR.. ID. deprived her of. Did not inquire about
her property, and simply asked her telling his
salary If she thought that they could get along
together, and She replying affirmativeiy he said
that was enough. Always thought that Ollie
was was not OF perfectly sound mind; Gid not see
Iissol, III put & was certain Ollie had one. The door
was not locked, but witness was Dot allowed to
~ out, ana when called to the door some ono
lolioWed MIN; he was not allowed to oo to 1is he
own room without being followed. ~ o. " niS
r, OTHER TESTIMONY.
Dr. Frank 7. Howe TESTIFIED that be ros o,
WI -ni; loIIey mouse about i2 O'Clock on Sunday
ana asked to see him, and he came down and
ters sseo ssEsd Ii the front room Lafayette Wa
called him into the dining room and MIS- fuus nsr.
Iell was called into the same room. Witness
Was there when Mrs. Torrey died: did not hear
hn any threats @ then; Torrey did not complain OF
pelng under dureSs at the time.
MT. VIM. H. Hazard testified that on the dav
OF the death of Mrs. Torey he found a pistol
under Wes me Me lounge, e, and It was loaded.
Mrs. Mary q. Hazard testified that she was at
Mrs ToTey's house about noon. She was in
me lront room, and there was a conference or
business meeting OF relatives going on In the
Gfnet tbnt fGoa tbat saw MI Torrey come out; don't
Ihls closed the case for the government
FOR THE DEFENCE
MI. Lambert, for the defence said that he
consnered IL his duty to ask the court To in
ssGet EroI ,h inat tne case had not been made out
From lne testimony OF the prosecuting witness
uinseI IL appears that he gave up the articles
on The sentimental consideration that he did
Hot ueSiIe IHaI JneTe Sn0ul0 be any disturbance
ln tne mouse where his dead wife was living. He
got 10 the point OF saying that he was fright
ehed because some one had said that one of the
party nad pistol, and he man who had been
on on the battlefield at the cannon's mouth.
ii ne oOes not show that any personal vio-
ience was used. Then the demand was made
py lhe one who supposed that he had right to
Inc art1cles, for he was the son OF the deceased.
This may be urespass, but it is not robbery. He
took it that these defendants ali believed thar
tne property belonged to one OF their number
ana the receipt shows that the articles were
held subject 10 further demands. It was be.
neVed tnat the property was to go to the son.
Inc articles In dispute were given to the trnS
tee Within short time after this Occurrences
Dr. D. turned them over to him (Mr Il as one
OF the collectors of the estate The court sue.
gested that 1t would be more satisfactory fo
present their side. ="
Mrs. c. P. Baker was thereupon called. ana
testlned that she had known the Defendants for
upwards OF 30 years; Mrs Torrey Wss a niece
OF Dr Daley, a sister to Mrs Waters. an amnt
OF tne other Waters and mother OF Oliver Am.
prose; knew that Mrs. T. owned a house on q
slIeet ana q set OF diamonds. On Sunday morn.
,ng WMle MIS- =. was lying corpse In -s.e
nc neuse witness went there and DIR. Dail1aame
We sen and would not up
IN and said that he would IKE the diamonds
and put them In a safe s,olect 10 the orders Of
them up' and mer-6ned the proposition 1haf
the Diamonds i-Sdfvided. Dr. b. said: s.No the
bss6ng to Ollie, and the court must
settle ifrNTorrey gave up the diamonds and
DR.. gave the receipt Witness did not see