National Republican., 1883-11-07
THE COURTS.
The KilbOurn Case Given 10 the Jury WHIT
Are Deliberating on It
Continuation OF the Bigelow EmbezZlc-
mcnt CRse-Other Legal matters.

In the Kilbourn case yesterday District
Attorney Corkhill concluded his address to
tho jury. Senator Voorhees, followed. Dur
ing his address, to which the large audience
plid close attention, Mr.. Voorhees, referred to
the English barons at Ruunymede, to Hamp-
den and his associates, and to the men of
Boston in 1913, who stood only for principle.
As q climax, he referred to the sutferings Of
ST. Paul, and said doubtless some sharp faced
lawyer went about the streets of Jerusalem,
and said IL did not matter, he merely stood
for principle.
"St. Paul." observed Mr.. Wilson, "did not
sue for damages"
1T doesn't matter" said the senator. "He
got a bigger verdict from public opinion than
any other man ever got. / have no doubt the
judge is right. Ho is defending somebody
with whom he is in sympathy, who sneered
at Paul Mt that time"
The senator, after glorifying the plaintiff
as q martyr for principe-who stood for the
liberties of mankind-discussed at length
the causes leading to the real estate pool in
vestigation aud Mr.. Kilbourn's imprisonment
He declared that, rs a matter of fact, the
government never had, and never could have
lost dollar through the operations of Jay
Cooke & Co., and that this investigation wa
started by excessive zeal upon false trial.
Judge Cox charged the jury briefly, holding
that the case was for compensatory damages,
and the jury were expected to assess the
o'clock, and the judge waited until o'clock
when he left. The jury will bring in Il sealed
verdict this morning.
CONTINUATION OF THE BIGELow CASE.
In the trial of Benjamin +. Bgelow, for
embezaemcnt from the National Bank of the
Republic, which was continued yesterday
before Judge Wylie in the criminal court, one
witness--Mr. G. s. Bradley, the cashier-oc.
cupied the stand all day. The proceedings
were so monotonous and uninteresting that
most ofthc audience which had come with
the expectation that little Horace" would
be examined and would tell what he knew
about the ex-detectiyes, left the court room
early, and few beside the lawyers aud sum.
moned witnesses sat the day through.
Before any testimony was taken Mr.. Cook,
attorney for Bigelow, asked and obtained
from the court an order upon tho United
States marshal of New York enabling him to
summon witnesses in that state. Mr.. Cook
also filed plea of former jeopardy which the
court overrued. Mr. Cook objected to Brad.
ley's testifying concerning any other accounts
than that of J. F. Stevens, which was the
case they had elected to try. The court over.
ruled this objection.
Bradley then read from the letter blotter
credit to Stevens of April %, 1882 of S3,290
and several credits to other parties. He
showed that in several instances there were
credits on the pass books which did not ap-
pear on the bottGr He identified u note oil
bearing & Johnson for $1,000. and said that
on June o1 Bigelow had given it to him and
tod him that it had been paid and he had
pinned the money to it and forgot to
pay 1t over at the time. The
pass book showed that the firm
had deposited $4,000 some days before. The
witness showed from the accounts of +. X.
Ward, Spicer Il Compton, w. b. Downing &
Bro, and Others, that amounts had been
credited to these parties on their pass books
which did not appear on Bigelows blotter.
Hin idnptiHnd of EhilIa G. in
SI2221, which had been paid, and for which
no credit had been entered on the books o.
the bank.
On the cross-examination by Mr.. Cook the
witness said that he did not know, of his own
- EnQw'edee, that Bigelow ever embezzed any
of the banks money. Ho did not know that
any officer of the bank ever used any of the
banks money for speculatng in New York
Mr.. Cook tried to show by the witness that
he had some animosity against Bigelow
because tho latter was trying to get
his position as cashier. There was
long and tedious cr2ss-examination
concerning the deposit tickets as to when
they were kept who had charge of them, and
how they were handled. Mr.. Cook produced
q large map of the interior Of the bank build
ing, and showed by the witness that it was
possible for other employees to go to Bigelow's
desk. The deposit tickets were put on spin
die, and sometimes when Bigelow was very
busy he did not post the amounts for some
hours afterward.
Bradley WAS still on the stand when the
court adjourned, and it is probable that his
examination will take up to-day's session Of
the court.
NOTES.
In the equity court yesterday decree was
passed divorcing Hannah G. Foulke from
Chas. w. Foulke and giving her the custody
of the children She is also permitted to re-
sumo her maiden name of Miles
The will of Ellen Edmunds was filed yester-
day. She leaves all property to her children.
The will of Albert NJ. Perrottit was also filed.
All property is left to the children of his de-
ceased brother Louis
THE RECORD
Court in General Ierm--Chicf Justice Carter and
Justice Jlnes-Roed vs.. Harmon; urgd and sub
Keller VS.. Ashiord death of deft sug. and case
contin.
Circuit Court-Jud0e Cor.-Kilbourn VS.. Thomp,
son Jury out.
EQUITY Cout--Judqe Ha1ner.--Byrnes VS.. Berry
rat. OF trus. rept. ord. Mari VS.. Barry; leave 10
file repi. nunc pro tune granted Johnson vs..
Johnson o a. te, BET j. CFuiSsnank ord tax But
party deft Calvert. vs.. Calvert j. 4; CoughaI
app gdn., I'D lit. Walter vs. ucrnehle; leave to
time to take Test extended, Cannon VS.. Cannon
w.tnes, arcted. to prdc, reed. Gc shattuck vs.
ices gc,n,ei barbour vs. % Teddy and adj Leddy y"Ss, vs.
Leddy suppl. rpt OF aud, rat, Bush vs. Stanton
II, Finkel app. trus to soil FoulGo vs., Foulke
divorce vim mat. granted.
Criminal Court--Jud1e WUte.-B. Il. Bigelow en-
be2zement on trial. samuel lIessler and Jane,
Collins asst. int. to kill arr. and p, H. &. Andrew
Bender asst int, to kill ; arr. and p. n. &.
NEW SUITS
No. S,T72. The Westman Granite company VS. j.
f. Cannon et al. iudgt, creditors bill. Hagne
d Maddox solicitors.
COURT CALL,
General Term-Chicf Justice Cartier, Justice dnt
Jdmss,-Nos. 10, y, %, %, 2S, 80, and 81,
Equity COurt-Judge Hagner.-Flrst ten cases oi
calendar.
CrCuh C5rt--Jud0e Cor-Nos IS, 81, 81, 100, l0l
102, lOS, l0i, 95 ., % II, q, 20, 90, aud 81,
Criminal Comt-JHdge Vgte-The Bigelol
cases,
ToCcoA CITY, GA.-Dr. j. p. Newman says
Browns Iron Bitters are very popular an
their use always results satisfactorily"
Contracts for Cannon Awarded.
An ordnance department officer stated to
REPUBLICAN reporter last evening that tn
contract for manufacturing one hundre
Il halo s.,al r..