The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-04-30
BATTLING FOR BAUM,
The defendant In The Cotton Caste
Fights Hard.
A Day Of wrapglIng over the Acm!S'
sion Of Evidence.
Full Proceedings in the Couri'RoOm'

Mali lcsen persons IN the court heSide
Judea Aldridge, the defendant auu ,lhe
iurv. None VI the counsel were pre.ehh
and iharo was nothing FOG tue ludRe, Juiy
and defendant 10 20 nn, lsleA " IN ca,'t
patleT M against the Window OF ,hS C oIa,'
Presently the county attorney ana C9lon.l
BfsWn Put IN an appearance, anu w |
mouotOuy OF the morning was ol"-sH ~
the formal opening OF the so"i =,
and the lusly lungs % al
sheriff shouting mo a.,. naS rom
he court room window. Then there wa
anoiher period Of gloomy silence WhloA
was al Length broken by the judge, VINO re- |
iisve his feelings and preserved !he e.lhis
pbeflc purity Of The temple on lu,tso n!
summarlly ining Henegamoi.ainn whoi i, Wv
indlelpl eve detected sarrcpuuolsly sInS-
IT,, .hori.7r iu distant corner OF the
rc'to. Ttp u'c.t tmofis- az. haY rs the
neeJiui iucls To pas i.f Als pleasure, VAS
ordered into cugiody, ana az lie ulAApuy9'
81 downward 20 h!s dungeon, i0ur OF lhe
dshndAups couuCsl put ~ ah appear.
orcs. cousultng theiF wn'ohts
"a thev came, aud wearing thot
Iamb.lso look OF innocerca which an a't9r'
nov. after mayy yegTs' experience ~ the
nor can assume 50 dscorously when MS
isrdinoss has clogged the judicial machine
Tor long bali hour. a few moments laier
Colonel Crawford, the last OF the 9elln-
quen's appeared, ana then the u'"' ""'
resumed.
s.A b. sears CO linued his testimony 30
folloSt. Il yyas or the 9th o! NoyembSr
last that Clark received Mt the express olhcs
In Empofis, Kansas, the ibir!een-pophd
box, he did not open Ihe box tnerei out
took II under bis arm ena vent away He
did not come back again
Witness prod uctd his receipt baoE ana
sW.re Il Tho signature Of II. u. Clara
attached 10 the receipts.
Morgan Cammnck wns here, brought
into court, and witness ioentihed MN as
tho same person who had received the
ii. u. Clark on his books. Witness also
ide iifed Mrs. Cammack as the lady who
was with CLARK Both Cammack and his
wife were ~ the court room only moment
Just ong euough 10 let the witness take
!ook at them. ,,,-,-,. ,.
first package received was 81
common band-box; the box received
on October 25lh, catnc from Topeka, Kan
Gas: do rot know what II contained.
r 2 Jones, the next witness, testified;
was employed last October and November
by The Missouri & Pacific road ~ Sherman;
was shipping clerk at that place.
The prosecution asked wines. who was
agent Of the Texas d Pacific at that place |
al that time. This promptly |
brough; out ~ objection from
tts ,aiense, counsel arguing |
that the indictment charged Baum WITH
obtaining money by false bill Of ladirg,
and that the prosecution had no right 20
show that II was actually signed by EastoD,
as 1t purported TO be.
The court oveIrued tho objection aud
witness resumed Il. ID. haston YVES the |
agent of the Texaa & Pacific road at that
time; am familiar with his handwriting;
this is his signature identifying the bill OF
ladinR);am not acquainted with Joe Lohen- |
stein, the Texla Il Pacific did not receive
any cotton Ia LoheBstein's name during |
October, 1883: did lot hear OF any one buy. |
Ing or shipping cotton over the Texas Il |
Pacific. the cotton going ever the road |
from Sherman abou, that time went |
through the compress.
Cross-examned- Bills Of lading are gen |
orally signed before the cotton is actually |
on the care; do not know that the Texss
d Pacific ran 10 Sherman; tho road |
there was the Hransoontinent9l division OF
the Texas 81 Pacific: cannot say whether u |
was The Missouri Pacific or the Texas d
Pscihc that received cotton e. Sherman in
October and November.
The court here took recess until 1880
p. m,
At the opening QI the afternoon session |
the prosecution offered in evidence the bill |
of lading, on the strength Of which Baum |
is alleged to have obtained the money from
Oliver & Griggs.
The defense objected ind the entire after.
noon was occupied with o legal tournament
as to the admission OF the bill.
Judge Crawford argued that the bill Of
lsdiug, although headed Texas & Pacific
railway" was in reality bill OF the Mis-.
sour Pacific, and wae, therefore, inadmissi.
bic rs evidence under the Indictment. He
pointed out several discrepancies between
the bill OF lading as set forth in the indict- |
mept aud the original, which the prosecu- |
ton wished to offer in evidence. The
principal one7 were th,t Iohensicin was u
In the other he was "Jos" Lohenstein.
Jos" he commended, could ntand |
fo- Joshua, Josiah or Josephus equal
ly as well as fer Joseph: also, |
that the mill at Fall River, Massachusetts,
to which the cotton was consigned. was
described in one instrument as the "Mou.
tauk" mill, end in the other as the "Mon.
taup." Counsel dwell. ct great length on
these points, and argued that the variance
between the allegations OF the indictment |
and the evidence offered TO prove such allie
cations was fatal, and that, therefore, such
evidence ought not TO go to the Jury. Judge
Crawford fortified his position by reading
from a number of authorities and decisions.
THE OTHER EIDE.
Mr.. Clint followed with long argument |
on the other side. He commended that the
objections OF the defense were frivolous, and
that "Montauk"and "Montaup"c came und,r
the doctrine OF "ideln sonans," and were
not sufficiently different to constitute o
fatal variance. at was from the defendant
himself said Mr.. Clint. THAT we heard OF
the spelling o. the name"
"Ars you not travelling outside the re-
cord?" inquired Major Wright.
met at ALL" rejoined Mr.. Clint; "pe'ore
Baum told us. the prosecution knew 10
knows about holiday. We are prepared
to show ihis and We don't think he ought
to come into court and try TO take advan-
tsee OF such a variation which could MT
possibly work him any disadvantage"
Mr.. Clint continued his argument until
$3.50 p. m, when the court adjourned until
8 o'clock this morning, when Colonel
Brown will follow In behalf of
the admifsibility Of the evidence, and the !!
argument will be closed by counsel for the !
The question OF admitting the original {
bill OF lading Ia regarded as the turning !
point OF the case. Should the bill be ruled
ont, the prosecution say they will 20 on
With the trial, but II is quito apparent That
!he chances OF securing o conviction will
Be greatly curtailed. Both sides In the ar.
gument yesterday put forward their best =
light over the disputed point TO- day before :
!he matter 10 finally submitted TO the court I
lor ruling. IL
}. v. O., q. A. n. q
: NJ. A. g.. Afford, Of Baltimore, ]. VII
Demmauder @. A. r.. Department Of Ma. 9
ylsnd, states that while suffering terribly /,