Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-01-19
THE NAVAL FRAUD TRIALS.
The Jury SIN Out in One Case amt
the Trial Of Another Begun.

NAVAL
The Jury Ssill Out i'm One Case and
the Thai Of Another Begun.
The trial OF the cases OF Bell Mann, OF Chicago,
ana Edward C. Kirkwood, indicted with Dan lei
Carrfgan for presenting fraudulent claims through
the bureau OF medicine and surgery, Navy depart
mentfn violation OF sections 5ilS q and is revised
statutes United States, continued In the Grim
inal Court Saturday after our report closed
Judge Wylie Instructed the Jury that there was
no contest over the fact that the false claims were
presented, though Mann said he did not present the
claims for himself. but 10 enable another man 20
get the money uniawfully.s This was no excuse.
kirkwood said he did his part In ignorance, be-
cause directed to do so by his SUPERIOR Carrigan.
Lhls IS no excuse No clerk is allowed TO violate
law on the order OF his superior About $50 O'Clock
the jury retired TO its room. An hour afterwards
the balltn said that the jury was unable 10 agree
Judge wylie, after expressing his astonishment
at the failure TO agree, proposed 10 discharge the
jurors, but District Attorney worthington inter-
posed and urged that IL would be unusual TO dis
charge jury after so short a retirement Judge
Wylle said he could not allow sealed verdict In
this case. and could not take the verdict sun
day. He therefore sent the jury TO their room,
where they remained yesterday.
Selecting Jury In the Case of Sanbcrn.
This morning after the call OF the jurors Judge
Wylie asked the district attorney: "What case
have your"
Mr.. worthington answered that the case OF F. b.
S1hN'1a AZ WIN II. hHh"ctu anu
indicted for presenting fraudulent vouchers the
bureau OF medicine, Navy department, had been
set for to-day.
MI: Williams said he appeared for Mr. Kirkwood
ana MI. Pelham was the counsel for Mr.. Sanborn.
BE did not think that he should be asked 10 go on
with the other case undisposed OF.
,n inc so d M Jury IN that case Is up stairs
the trial TO proceed.
Mr. Pelham and his client were sent for and a
jury was called In the box. and defendants chal-
enged two, and the remaining juror OF the regular
panel was called, leaving a vacancy, which the
| court directed the marshal to NIL by a talesman
Mr.. Williams objected TO this, saying he was
entitled to the presence OF the other Jurors on the
panel
The court said that he did not know Of any law
giving him that right.
Mr. Williams said he knew Of no law other than
custom.
The court directed that the marshal bring In a
| taleSman.
The marshal brought in John Burns, and the
panel was completed.
expressed an opinion.
Several challenges were exercised and number
OF taleSmen brought IN.
The Jury in the KirkvoOd and BELL
Mann Case to be Kept without Food,
Light or Water.
Before proceeding further Judge Wylie remarked
as to the jury out, that he had not expected that
| they would have trouble. but 1t seems that they
have. The public was interested In ending lltiga
was better than protracting litigation. Under tht
common law a jury may be kept without food
light or water until they agree, and The
court has Stiil this power. Ii seemed
pretty hard TO Use this duresS in forcing d
verdict. IL The verdict be guilty." and II is
roneous verdict, the court could set 1t aside. and
"noc guilty." the litigation is ended
He Ielt compelled 10 give the marshal orders tina,
this jury be kept without food light or water until
The district attorney suggested that the Jury be
instructed 10 ind Bell Mann guilty, but the cour
declined TO call the jury down.
The Trial Of SanbOrn begun.
The trial OF the Sanborn case was then proceeded
with, the jury being VIM. I. Payne, Enoch More.
land, j. c. c. Snyder, George B. Harrison, James
Kennedy, VIM. Somerv1e, Richard Turner from
the regular panel; John Burns, And. j. Hoskinson
Chas. III. Wisner, Clement 3 Stull, and w. o. Knott
talesmen.
Cook, OF the fourth auditors Office, produced a
voucher OF F. w. Sanborn, of November 18th, 1882
Tor bottle clasps, test cases and rubber hose for
1923, delivered TO the naval hospital at Chelsea
Massachusetts,
Mr. F. v. Walker. chief clerk OF the navy pay
Office, testified TO paying this voucher.
AT this point Mr. Pelham for Mr.. SanbOrn. ad-
United that he presented the voucher and obtained
| the money.
The sd me point as to the validity OF the LIST and
Sd counts OF the Indictment Was raised, In the
Mann cases, and the court ruled them out.
DR.. p. S. Wales testified to his signature on the
voucher, but repeated that it must have been pro-
cured through theft.
At this point the district attorney ente red a
nolle prosequi as to Kirkwood, and the case was
continued as to SanbOrn.
The defense admitted that no goods were fur.
| nished and the voucher was collected
The district attorney said, .'As the defendant
admits all that, don't see what remains to be
proven and Will submit the case"
recess was then taken.
A GOOD COMMISSION.
Henry S. Wetmore, who was one OF the witnesses
before the grand Jury. testified that the reputation
OF Sanford for honesty and integrity was good as
for as he knew; that he met him here selling hose
and he spoke 10 witness about helping him to dis
| pose OF hose Some time afterwards Carrgan asked
witness for the address OF sanborn, and he gave
| restaurant, (Harding'sJ on New York
| avenue, between 14th and 18th streets
Carrigan gave Sanborn some papers. They went
| at the same place, and Sanborn gave witness 5000
remark1ng 1t was good commission. They met
again in the evening, and they went as far as Bal
VIM. P. Wood testified to the reputation OF San.
born being good.
| the St James and told him II he would help him
he would give him Is per cent on his first contract
afterwards saw him in New York. After he came
general wanted to borrow four hundred dollars
Carrigan brought him the vouchers and he
asked it was all right, for he had not delivered
the goods, and Carrigan asked IL he had not the
stock on hand. Witness then went and got the
money; paid $500 to Wetmore and 500 TO Carrigan.
Mr. A. B. Williams testified that Sanborn came
here and witness advised him TO go back TO New
York and give bail there and then come back and
see the Secretary Of the Navy.
j. s. DelanO deputy second controller, testified
| to the good reputation OF Sanborn.
The defense here closed.
The government called Dr. Wales in rebuttal
and MI. Pelham proceeded to argue the case.
Capitol Topics.
THE OCTOBER ELECTION IN OHIO.
Messrs Springer, Van Alstyne and Stewart have