The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-05-01
BATTLING FOR BAUM,
The Defendant In The Cotton Cases
Fights Hard.
ABBY OF wrnugliug Over The Admls'
sion OF Eyidtnc'.
Fol- Proceedings ia the court Room.

The 40 OF II, Baum, implicated with
Cammack and others In the famous cotton
cases, came up 10 tho distrlc. court before
Judge Aldridgo at 0 o'clock Monday
morning. There was an unusually large
crowd In the courtroom. Baum appeared
quite recovered from the illness which post
poned the csse on Saturday, and sat NJ the
fable with his counsel. Lohsnstein wao
also present most OF tho day. sSa AFTER Yer
the court n.Do,s was Of 'p shs court called
Rsnm's case on the indictment
oharelns him with swindling Oliver d
Gripcs out OF SO 600 by means OF fraud.
, .ulent bill OF lading. Both prosecution and
Hie.ense announced themselves ready, and
the twen,y.four jurors forming the panel
for the week answered 70 thelr NAMES . ~
ersl question to the jurors as to, whether
they had sny opinion which wonid affect
= their verdict, whereupon Francis Fendr'ck,
one OF the panel, proceeded to state that he
had decided views on the subject and
Thought tho defendant guilty, wbereat
Baum's five legal advisers jumped up to
object, and tho court excused Mr.. Fen
drick from further duty. Mr.. Ciint then
asked his general question again and
receiving no response turned the same over
to Colonel Crawford for examination.
THE TESTIMONY.
S.A. d. Sears was the first witness called,
He testified as follows: Reside NJ Emporla,
Kansas, and am agent Of the Pacific EE'
P isss. was 'A''' III 0'''''' ''1 N'''''''
Mr.. Clint-Did you have ouy business
dealings during that time with IL. Il. CLARK!
Colonel Crawford objected TO the ques-
ton as irreleyan there being no averment
in the indictment Of any business trsns-
action in the state OF Kansas, or OF any
transaction, except at the office OF Oliver d
GIlggs, in Dallas.
M. Clint said that the object was to prove
a conspiracy between the defendants Lohen.
stein. Eastop, Cammack and others to com.
init q swindle. He submitted that any
testimony tending to establish such con-
spirscy was pertinent. 1t was the purpose
In establishing the conspiracy to have the
right TO use the declarations and acts OF the
others In the conspiracy.
The court wished to know whether the
prosecution sought to get ut the transac'
lions or statements Of these other parties
Mr.. Clint said they wanted to get the
transactions first frat, and then uss the dec!ara'
Colonel Crawford said the state proposed
to prove o conspiracy. Now the indict'
ment lays the offanse as committed on
October LIST, 1888. The prosecution, to
pI owe this, offers to show acts happening
subsequently,. This we contend Is not
proper, and statements made subsequently,
TO the offence would be only hearssy and
not competent evidence.
The court suggested that while the trans
actions OF conspirators might be proper eVi
dence, their declaration would not be COM
pe.ent, II made after the crime was COM
mitted.
Colonel Brown agreed that while declara'
a.. 81 III I'D irn ri %
be inadmissib!e, yet in the case 1t would be
shown that they were in furtheranceota con-
spiracy and therefore competent. He sug'
pested that the court before ruling on the
objection To the county attorneys question
should take tAe opportunity OF learning
what the prosecution would prove in the
hist Dry Of the case.
Jury to Withdraw from the court room un-
ill be could learn more from the witness
story as to the competency OF his testimony
The Jury being out Of the way, Mr.. Sears
trelated his tale as follows: CLARK came into
1my office on October Fad for package, com
Ing by way of Sherman; there was a lady
with him; he received a package and signed
- fis'i to the receipt; he came in subsequently
and sent a package TO e. d. Easton al
Sherman; he also came in several times; he
said he was expecting package containing
the model OF G patent worth $lO0; he was
frequently in the office and used 10 set uI
the cigars often, and witness got to think
good deal Of him, the package finally came
IL was q box weighing thirteen pounds
Clark took this away with him, having pslc
eighty cents duet it.
Colonel Brown stated to the court thai
while ordinarily this evidence would
not be admissible, the prosecution wished
to offer it now as the witness was liable to
be called back to Kansas at once, ana a. q!
though his evidence was .chronologlcsiJ
ont Of order, 1t was material and would b
connected with the case.
Clint said he expected to show that thu
first package contained hat, and was sent By
Baum to Cammack, who was going by tn.
name of Clark at that time. The hat dit
not suit and was tod sent ta IT, ~, PACE tSa
the thirteen pound box contained 9,OCo
and that the $1,000 obi aimed from Oliver
Griggs, as alleged In the Indictment, form
ed part OF the money so cent and was Oam
mack's share OF tho swag. The question
before the court was important, and h
hoped the court would not ru'e on It unit
the prosecution had an opportunity to pro
Moior Wright, for the defendant, objected
to the prosecution introducing irrelevan
testimony on It's promise to make 1t com
petent by other facts to be introduced. IL
commended that the court should not bent
the rules Of Justice in favor OF the witness
convenience: Counsel s',, S C,tea autnof'''e
The court overruled the objection az tt
the transactions in October and November
but held that the declarations would be In
admissible.
The defense excepted, and asked time to
have the exception put in proper form;
The were then efGusns GaGa s ana 1on
again asked the witness. The defense re
newed their objection, and or; being over
ruled again were given until this nornin
to prepare their exception. The case wal
then adjourned until O'Clock this morn
ing and the jury given In the sherif'
charge with instructions not to separate Q
communicate with any one outside tn
Jury room.
sHooND Days TRIAL.
The second day of the trial OF Il. Baum
the alleged cotton swindler, opened sathe
iaauspiciously in the district court Tues
day morning. When the hour tor begin
ming srrVf "a aSs cnr SsSd
Judge Aldridge, the. defendant and tn
iurv. None Of the counsel were present
>. and there was nothing for the judge, jur
and defendant to do but listen to the raj
patterlng against the windows Of the court
Presently the county attorney and Colone
monotony Of the morning was broken b
he formal opening Of the courI
and the lusty lungs OF
she. IF shouting the names
the five attorneys for the defendant fror
the court room window. Then there wa
another period Of gloomy silence, whic
was at length broken by the judge, who re
lievel his feelings and preserved the atmol
pheric purity of the temple. Of justice b
summsrily fning q senegambian whom TT