National Republican., 1883-10-25
BEFORE THE BAR.
Detectives Finder and MCElfresh on Trial in
the Criminal Court
Other Legal business Transacted Ycstcr-
day-Whnt the Record shows.

property The events upon which the in.
dictments are based occurred in November
1852 On Nov. - Joseph Banner, of Mont
gomory, Ala, employed at tho capitol, was
robbed of gold watch while standing with
n crowd watching military procession.
Finder was then private detective and
McElfrcsh was detective on the police force
of the district. Tho charge is that they re-
ccived this stolen watch and tried to eNtort
money of Baumer rs a condition for returning
it to him.
Gov. Wells and Mr.. Taggart conducted the
case for the government Mr.. Williams APP
pcared for McElfrcsh, and Mr.. Smith and Mr..
Pelham for Finder. Mr.. j. w. Thompson,
president of tho citizens committee, sat with
the prosecuting attorneys. The court room
was crowded. Tho jurors selected were Eli
II. Hughes, John L. Voght w. B. 7. Davis,
Horny Bailey, Thomas Lucas George w.
flanagan. Walter II. Evans, b. w. Page,
Edward F. Simpson, Andrew Archer, Clarence
Bcall, and Felix Wheldom. The panel was
exhausted in choosing them.
Mr. Banner was the first witness sworn.
He told of the loss of his watch as above re-
lated, and said that he reported the matter at
police headquarters. He was then advised TO
offer a reward through thcncwspapers Of 500.
He did so. This was on Thursday night, and
on the following Monday Finder called on
him and presented the card OF the National
Detective agency" telling him that he knew
where the watch was, and that it was in Bal
timore. He offered to get the watch for
Bqumer if the latter would give him the
money. lie told Banner the number of the
watch. Baumer offered S3Oand said he would
lay more when the watch was returned.
Finder replied that If he couldn't
get 800 he would not trouble
himself about it. Afterward Mr.. Odlum in
troduced Banner to McElfresh, and Banner
told of his interview with Finder, and Me-
Elfresh said that was strange, for he had al
ways found Finder n clever fellow, and he
would see him about it. Afterward MIR. Brs-
tow told Baumcr that he thought he could
get the watch from Finder, but after seeing
Flinder said he could not get it until aftor
the detective scandal was over. Bristow
tried it again. and told Baumer that Bristow
said he could not get the watch for 81 ,OOO be-
cause he had written letter to the citizens
committee.
That rart of the testimony concerning what
Brstow reported that Finder had told him
was afterward stricken out by the court as
hearsly. Tho cross.eXamination developed
nothing of Importance.
Frank Il. Nuyes, n clerk in the Star Office,
identified copy of the star of Dc. l3, lsS2,
and Mr.. Taggart read from that paper a letter
experience with tho detectives This testi-
mUIy WAS aiterward all ruled out.
John I. BrstOw testified that he went to
Finder to get Banners watch. Finder said
liauacr had offered 500 reward, but would
uaIy give him a paltry $50 or $50, but he
wal sec what he could do The next time
iudrr said he was afraid he could not get
iht watch because MrThompson and the citi-
yrna' committee had made such disturbance.
lie did not remember that Finder said any
,hing about letter, or that he could not have
. Inc watch Tor ~ 900. The witness desired to
sac, however, that his mind was sometimes
;.t fault, OWING to the use OF chloroiorm pre-
sc bed for his asthma. l....
When Thomas DOnahue was called Mr..
Williams objected to his testimony because he
had cen convicted of felony, and produced
tho record OF his pleading guilty of larceny in
1e65, and being sentenced to the penitentiary
Tor three years. The court overrued the
objections. Donahuo testified that in 1882
he lived at 1ilO New York avenue. He
bought the watch the day after it was stolen
of n man who said he "wrung it OUT of
another man. He bought it of Eddy Smith
or "Smithy." lie knew it was stolen
property. That same day McEl'rcsh
came into his shop and asked him if
he had the watch. Donahue showed HIM
the watch aud told him from whom
he bought it, lie thought Smith was in the
shop ut the time. Mcliircsh said he would
take the watch to Finder and they would try
to squeeze the 800 reward out OF the sucker.
McEllresh brought the watch back in few
DAYS, saying that Banner would only give
$50 Finder told DOnahuc the same thing,
and that he could do rs he liked about it,.
Donahue kept the watch until the grand jury
met and then he gave it to Mr.. Taggart Mr..
Thompson told him that he would SEQ that he
was PAD for the watch.
On tho crosse Xamnation the witness ad-
p,ittnd that he had received stolen goods
twenty or twenty-five times. Mr.. Smith
asked him if he had not tried to put up job
with two other men TO rob Judge Wylie's
house to got even with him for sentencing
him to the penitentiary, and If he had not
applied an opprobrious epithet to Judge
Wylie i'll that connection. Inc witness re-
piled that he had not
IL have omitted the language used out OF
re Spect to the court" said Mf. Smith.
1T was complimentary language, Two nc
doubt" replied the judge.
Donahue admitted that he got the proceeds
of the robbery of FisChcrs book store, and
that the goods stolen from Gen. Ketcham' S
house we've packed III his shop. Tho detect
tives knew the goods were there. lie denied
that he had offered Nicholson and Berry Slt
to swear that they often saw Finder in hi
shop, but admitted that he asked them abou
it, and told them to stay in the court room, ~
they might be wanted for witnesses.
closed for the government.
Mr.. Smith moved that Finder be dis
charged, be, ause it had not been shown thai
tho watch was ever in his possession.
Mr.. Williams moved that the court direc
the counsel for the government to elect which
one of the defendants they would proceed
against for receiving the property.
The court overruled both motions.
McElfresh was then put ON the stand in hi
own behalf He had been on the police fore
since 1862, and detective since 1870 II
first met Baumer the Monday after the rob
berry, and was told by him that he had en
gagged Finder. Witness said he would SCI
Finder about it. He did sec him, and wen
to the different pawn shops and int
Donahue's shop. He remarked TO Donahu
that man had offered 800 reward for
watch. Donahue said he had seen the no
tice. McEfresh asked him If he knew any
thing about Il. Donahue said he thought h
could reach il. lie did not show the watcl
TO witness, and witness never saw the watc
until it was exhibited in the court room. III
said nothing to DOnahue about shaking tn
sucker down for $lG0." Ho never took tb
watch TO Finder Ho went back TO Donahu
tho next day, and told him the man woul
not pay but $50 Then DOnahue said, II
can 90 TO holl. Ho can't have the watch"
On tho cross-examination by Mr. Wells
NcElfresh said that he was accustomed to G
to Donahue's shop three or four times weel
10 look after tho thieves who went there
Ile never arrested but one man there. ii
had been told by Donahue and Others tina
Donahue received stolen property, but neye
l..