The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-10-09


Mr.. Strout-Your honor will hear counsel Of
course; your honor only meaning to say that
such is your honor's impression at this time.
The Court-Of course.
Mr.. Strout-This is an offense constituted by
the statute, and must be strictly construed, as
Judge Fox ruled in the case of the striking
engineers. The only person who can commit
a crime under the statute is the one who has
devised or who intends to devise" and the
deyising of the scheme is as much a part of
crime as the taking of the letter from the post
office.
The Court-The Court is with you SO far.
Mr.. Strout-lt must be shown as alleged
the abuse of the Post office department for an
unlawful purpose, which in this case was the
"devisng" of the scheme. A conspiracy is
charged between these three persons, and to
carry out the conspiracy charged in the in
dictment at least two of them agreed first in
eonceiving the idea of misusing the United
5 tates mails in an unlawful manner; and sec
ond in the taking of the letter from the office.
The conspiracy is the whole case, and before
any act can be shown the gist of the indictment
being that these parties conspired in a certain
way to do certain thing We hold it TO be
necessary that the government shall show by
competent testimony the existence of the con-
spirscy, before undertaking to prove an overt
act.
Mr.. Strout here read from Greenleaf on
Evidence, page so, sec. 90. We submit that
the learned District Attorney did not show
a conspiracyIhad been entered into. The defence
hold that there is nothing in the indictment to
allow~of the admission even of testimony to
prove conspiracy or at least to hold
Mr.. Bragg, one of these respondents
The Court will hear the evidence.
Mr.. Strout-Your honor will save my excep-
tions?
Examination proceeded.
Witness was handed copy of the Bangor
Commercial
Mr. Barry objected. No reference had been
made in the indictment to the advertisement
in the Bangor Commercial
Evidence admitted.
The witness testified to the receipt Of the
copy of the advertisement Copy put in evil
dence marked government one."O
AN IMPORTANT WITNESS
Arthur William Hooper of Boston took the
stand. Is acquainted with James w. Harris
Henry M. Bragg, William e. Harris and
Luther w. Harris. Ofico of Harris & Co. is
room by u. Witness is fruit dealer, and
is employed evenings at the Boston Theatre.
William E Harris was also employed there.
Visited Portland in August, in company with
William E. Harris. Visited Portland post
Office with William E. Harris, who went in
side. Saw him near where are the words
cashiers Room" Outside Harris pointed
out box and said 81 fear this won't be large
enough" Later, while on Exchange street.,
saw William E. Harris write the name of
Thomas A Campbell on card. Harris
from Portland to Poland Springs Heard of
the arrest of James w. harris Monday follow
ing the arrest in Portland. Visited the store
where Harris & CO. have their office. Saw
William E. Harris also saw Henry NJ Bragg
also saw Superintendent Skelton and gem
tleman he now knows to bave seen Deputy
IT, S. Marshal Marble. Was there about fif-
teen minutes, looked into the Office of j. w.
Harris & Co.. is sure Bragg saw him. 1t was
here proposed to offer in evidence the details
nj a NVi1lian1 r
and the witness. Objected to and excluded.
the court deciding that no conversation with
William E. Harris not in the presence of
either James w. Harris or Henry M. Bragg
could be introduced at this time. Between
twelve and one O'Clock, Bragg came to his
place of business.
Evidence objected to.
Mr.. Strout argued that this conversation
could not be Regarded as proving conspiracy.
Mr.. Lunt said that there could be no limit
set to the time when the acts connected with
the conspiracy were performed Bragg had
been active IN the assistance of Harris.
Mr.. Strout-To assist him to get bail?
Mr.. Lunt-In this case eg-bail.
Evidence admitted.
Testimony resumed Bragg visited wit
ness at his (witness) place of business between
twelve and one o'clock, Sept. Is. Requested
him to leave Boston, this he refused to do, and
asked Bragg why he should leave the city, and
Bragg replied that it might save himself
tEOuDl6 Wu5u bl6 OlICbTS Game afOuQu. Bragg
offered to pay for his time if he would leave
Boston. Told Bragg he had nothing to fear
from the officers, as the witness refused to
leave town. Told the whole story to his father.
Considerable sparring took place between
Mr. Lunt and Mr.. Strout and Mr.. Barry,
while the examination of this witness was be-
ing made. eve object" was heard to almost
every question.
The court adjourned until half.past two
o'clock.
THE AFTERNOON SESSION.
The court came in at 230.
Mr.. Hooper took the stand.
MI. Lunt requested permission to introduce
witnesses, who desired to leave for Bangor
Mr.. Strout offered to admit that certain let
ters were received BY the ladies' in attendance.
Mr.. Hooper was directed to stand aside.
Miss Nettie Herd of Bangor, took the stand.
She read the advertisement published Aug.
30th.
Mr.. Barry here objected to further questions
in the line of finding out whether the witness
did or did not respond to the indictment He
argued that as there was nothinggin the indict-
ment connecting the respondent with the
writing of ttha letter, there is nothing show
ing that the respondents commenced the cor
respondence with the witness.
Objection oTerruled
Mr.. Lunt asked witness if she Replied to the
advertisement She replied that she did and
received a letter in reply.
Mr.. Strout asked if tho District Attorney
| proposed to put the letter in evidence.
Mr.. Lunt replied that he did Mr.. Strout
objected in the same being presented as not
connected with the respondents. Objection
| overruled.
Mr.. Lunt tried to read the letter.
Mr.. Barry objected. There was no connec-
tion shown between the letter and the
respondents
Not sustained, letter read and marked
| Government"
The witness identified the letter, which she
received from Thomas A. Campbell Sent
one dollar to Campbell in reply to his letter
informing her that work had been obtained for
her.
Mr.. Lunt- When was this letter sent?
Witness-September 4th.
Mr.. Lunt-And heard nothing more from
Campbell?
WitnesswNo.
Mr.. Lunt-And have not bsen engaged as
| coyiest ever SINCE
Witness (Smiling) No.
Miss Susie B. Spratt, Mrs. Bella G. Parsons
Miss Annie L. Buzzell Miss Alice j. Cum.
mings and others testified in substance the
same aa the first xuifnacc apd ha On