Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-02-02
THE NAVAL VOUCHER CASES.
THE TRIAL OF W. Il. DEMPSEY BEGUN,
no VERDICT In THE DREW CASE.

! . W.
Drew and Mr.. VIM. H. Dempsey. and others in
! terested in the navy voucher cases. MI Dempsey
sat with his counsel. Mcssrs Jere WILSON, George
Il. Corkhiil and A. b. Williams, at the counsel table
The jury in the Drew casP which retired at Il 50
O'Clock Saturday, remained stu locked up Ia The
! jury room, no word having been received from
/ them indicating an agreement
| THE CASES AGAINST DEMPSEY AND KfRKwoop.
The district attorney announced that the cases
against Nh. Dempsey and E. {. ktrkwood, indicted
with Mr. Carrigan, were for trial to-day. Kirk
wood he said, had been sent for, and he believed
| the van was then on Its way from the jail.
The court decided TO wait few minutes for
kirkwo9d's arrival
About nve minutes later Mr. Kirkwood entered
| the court room.
sMr WorthlngTon arose. and again announced his
! readiness TO take up the cases
Mr. Wilson made motion TO have the defend
ants tried separately. lie sid that they anprc-
hended that there would be certain testimony in
| troduced In the case which would be applicable
alone TO Mi. kir&wool, and not 10 Sir. Dempsey.
de called attention TO the fact also. that evidence
similar To that introduced in this case rs 10 Kirk
! wood would be similar 10 that offered Ia other
/ C passed upon by the same panel. e submit
! tcu that such a jury would be inc3npGtcnt, and
that the jury would not be unprciudicei.
MR. pEMPsEY's AFFIDAVIT ASKING SEPARATE
TRIAL
| Mr.. Williams then read an AFFIDAVIT by Mr. Demp-
sey setting in due form his belief that injustice
would lie done him he were tiled Jointly with his
co-defendant ana his belief that large portion OF
the testimony to be offered by the government
| lated to entries made CT omitted TO be made 10y
! krkwo0d as clerk oil the bureau Of medicine and
surgery in the books Of that bureau, matter OF
which the aianJ has no knowledge, ANA could not
DE held responsible. The AFFIDAVIT also expressed
the belief OF the affiant that evidence would be
| troduce! as to the movements Cf Daniel Clirigan
In Boston and New York in August, 1883. and OF
! transactions between the bureau with n. = Wet
more. Luke r. Jones and Others with which the
all MT had 10 Connection whatever. Mir Dempsey
expressed his conviction that his interests In the
case would be greatly injured b. joint trial.
MI Williams said this affidavit Related 10 only
! portion OF the evidence that had been introduced
J against MI. Dempsey. lie thought that In this
case, more than an. other. one feature would be
efforts the part OF the Uuitel states 10 intro
/ duce testimony as To Mr klrkwocd, which viii be
intended, or VIII, a. 4 matter Gf Ilct, prejudice
Mr. ID ainpseys Interests, although he nld no con
hectlon win the transactions referred 10. He re-
teried TO the difficulty jury would have in carry
/ ing in their minds The testimony applicable only TO
! one DEFENDANT or the other. Speaking of Kirk
I woods case, Mr.. Williams said That he thought a
further prosecution OF kirkwood would be persecu-
/ ton
Mir. W0rthingon said that he was surprised al
/ the insight into the governments case shown 10y
/ TINS affidavit The government, ne said. had no
intention TO Offer evidence % The movements OF
! tairgan lii August 1888. or a. TO any transactions
/ except that IA which the uw0 defendants were
I Jointly implicated. He did not, he said propose to
I offer in evidence any voucher winch had been used
! Ill The preceding lie SugEeSte1 that the
| case OF kirkwOod might b. preudlcei by tie fact
! jhat some OF the jurors the panel had sal in
! previous cases in which hIrlwoOd was Interested
| 10 ar as he WAS concerned, he was willing and
transactions 10 evidence had Yet been presented in
regard 10 them, ana he expected to algde TO hem
Ia these cases, but not To connect the defendant
| dempsey with them.
| THE COURT oyERRUIEs THE MOTION FOR SEW
| FRANCE.
! Judge Wylie said thiSstatement disposed OF most
OF the reasons on which the motion was based. He
referred to the fact that one defendant might be
| convicted and the other acquitted IL WAS the
| duty OF the jury to discriminate in the testimony
The government ought not TO BE- obliged to fndict
every one separately, especially where the crime
charged ag INST one WAS not complete " thout the
action OF the other He did not think the cOnvic-
ton of one IN former case could raise a eudice
/ against another who had never been tried. III Mr.
Dempsey was innocent there would be no trouble
at al in aCquitting him. As the nature OF the
crime charged invOy the assistance eli others Ia
the view oil the court it necessary to try them
together. The court would endeayor 10 keep cut
all evidence Is TO tAe Independent act OF one,
as it was possible TO draw the line. He overruled
! the motion for severance.
The court then directed that jury be called and
| the case proceed TO trail
SUMMARY OF THE CASES
The cases against MeSsrs. Dempsey, Kirkwood
and Carrigan are set out in six indictments, al
eging the presentation and payment of false
claims for books. medical journals, hospital sup
plies and surgical instruments ana appliances, IL
the following amounts: January 30. 1882, S2l5, Sep
TENDER , 1882, Ss9l January e, 1888, 81 035 90 Sep
em6er l. 1855, :3e2i; September 4, 1885, s2,l92 ami
october ~, lo.sl ,59.50, making total OF $915510
SELECTING JURY.
During the process of forming juryit was nee
/ eSSary to summon taleSmen Mr.. o. B. Billiard was
excused, because he was over 10. Mr.. Ryneal was
excused on account of Illness In the OF the
! examnatiOrOf Mr.. Ryneal he was asked whether
/ he was lawyer, a doctor or a minister, ana re-
! piled in the negative.
lie has no small vices, your honor said MI
! Wilson.
| Mr.. VIM. H. Crosby, of the National hotel. was
accepted. When asked 10y The judge II he were a
minister of the gospel ne laughed ana replied, "a
good ways from 1t
II thought" said the judge smiling, '.you looked
/ as though you might be minister
| Mr.. Robert o. E1lnonStOn WAS also accepted as
| taesman.
Mr.. Joseph O. Carroll was excused because he
had formed decided opinion generally as 10 tic
guilt OF krkwood
Messrs. Cruikshank ana Eaton of the regular
panel claimed that they had formed opinions : 10
hirG"ootS guilt, but not particularly as 10 these
| cases. The court declined to excuse them.
| During the examination OF the Jurors the de-
tense objected 10 all those jurors Hh0 had sat in
former cases OF similar Character, but the objec
| ton was overruled.
| The court renarking upon these objections rs to
the foundation OF opinion, said: 1.-The truth is that
these objections 10 JurOrS-0oeci0ns OF this CHAR
/ actar-aTe wonderfully maenied | think. as a
/ general thing, juror VINO has formed ANA ey-
pressed an opinion, after he has taken the oath
! and heard the evidence. is just as competent 10
! reach correct conclusion as any other man.
LAS To the general Influences arising from reports
anu newspaper accounts, he continued, "is really
/ very much oYerrated'
+ MIR. samuel Bacon. summoned as taIesnan, was
| excused because he had formed an 0p!hIOn Sub
! Seqnently the court excused also Juror Eaton,
upon re-eXanining MIN rs TO the character OF the
opinion he had formed. Mr.. James McDermott
was accepted as a taieSman- Mr.. W. W. Curtis
excused from service taIeslnan because
he is one OF the managers and treasurer OF the
! Industrial Home school, OF Georgetown Suisse
| Quently Judge Wylie said, after consulting the
statute, that he thought he had done wrong In let
/ ting Mr. Curtis go; hts impression was that the
statute said ''Inanager," but the statute, a
matter OF fact, said"keeper' OF charitable insti-
| tuition. recess was then taken.
THE JURY CoMSLETE.
| After recess the jury was completed. as follows:
VIM. T. Payne, Enoch Moreland, James Kennedy
Addison Day, VIM Someryille, Richard Turner
| Wm H. Crosby. Robert o. Ednonston, John b.
Kendall, Daniel p. Mealy, Andrew Goddard, and
Henry ID. Barr.
At two O'Clock Dir. Coyie began the opening for
! the government.
| Mr.. Coyle concluded about half-past two o'clock
| and was followed by MI. Wilson, Tor the defense
Nominations To-day.
| The President sent the following nominations to
! the Senate to-day:
TO be poStmasterS-Cornelius A. Field, at Hano-
yer, \. H.: Roswell G. Pettiboae, at ogdensburg
N H.; Isaac s. Alden, at Warren Pa; Christopher
c. Sheldon, at Athens Ohio; Z. K. Inghani, at