National Republican. (Washington City (D.C.)) 1872-1888, 1886-01-22
TIE NAVY Fraud cAsrs.


When the criminal court resumed It's session
yesterday morning Justice Macarthur directed
that the Jury, which had been out all night
considering the case Of Grcnvillc A. Whitaker,
charged with presenting false vouchers TO the
bureau Of medicine and surgery OF the Navy
Department. be notified that the court was ready
to hear from them, ana in return they sent
word that they dld not wish to come into court
Justice MnCAtthUr then directed the govern.
ment to proceed with the next case on the as.
signmcnt, which was that of William II. Demp.
sGy charged witt, presenting false voucher to
the bureau Of medicine and surgery
Hon. lcre NJ. Wilson asked for n long panel
from which to select a Jury.
Justice Macarthur declined to grant the ro.
question the ground that 1t would not be posi-.
bic TO tell when the panel out would come In
and in addition, had been over n week on the
case they, were considering and he thought
IL would be unfair to place them Immediately
on another case when they did come in.
Execution was taken to the ruling, and the
court directed the impancling of q jury in
the case in which VIM. II. Dempsey and Daniel
sections 5i2l and ii3ssor the Revised Statutes,
In presenting false voucher to tho bureau of
20, 1883, in the namo Of H. ], Mclaughlin 4
Co, for gRlvanO,iOradic machine, SC, for
Sl,62260. District Attorney Worthngton
stated that, under previous ruling oftho
court he would enter nolle pros. MS to the
first two counts under section 5l2l, and ask for
severance, having no desire TO try Carrlgan
at that time unless the defendants desired t.
Justice Macarthur inquired why Carrlgan
was not gotten rid Of entirely In the case
Mr.. WOrlhingtOn said the only reason was
on account OF some evidence he might wish 10
introduce, and which the other side might oh.
iect to If Carrigan was dropped out Of the in.
diCtmCnt
The court granted both motions, aud the Sc.
curing Of jury was proceeded with. There
were only fourteen of the regular panel to
draw from. and challenging soon created n va
cnncy, TO fill which nine talesmcn were or
Int, .fafa
Assistant District Attorney Coyle opened the
case for the government and stated what was
expected to be proven in support of the indict-
ment
Judge wilson, for the defendant promised to
show that Mr. Dempsey had nothing to do with
the presentation Of the voucher TO the navy pay
Office and his only connection with 1t was
cashng the check which Mr.. Mclaughlin had
obtained ut the pay Office ON the vouchers
which had been presented there by himself
SOsi dscd S c S GnSntRg tRg TuSG Es
which had been out twenty.four and three.
quarter hours, be brought into court, and II was
done.
In answer to tho inquiry Of the clerk, the
foreman said they had not agreed.
Justice Macarthur wished TO know If there
was any way the court could mid them.
''lt seems not, your honor" said the fore
man, ''the jury disagree as to facts"
His honor said then II was question with
which the court could not Interfere. II was
important that justice should be done, and,
after citing the time consumed in hearing tho
case and ability displayed he thought they
should make another effort TO come 10 n yer-
dict, and directed the jury TO again retire and
further consider the case, which they did.
The Dempsey trial was then resumed, and
the routine proof presented as to the origin
and payment of q voucher, which concluded
the evidence for the day.
Justice Macarthur gave notice that at $3.50
O'Clock he would return 10 the court house,
and wished all interested in the Whitaker case
TO be present.
AT the hour designated quite number of
persons had gathered in the court room, await
ing the arrival of the judge. As the Jury were
retiring at O'Clock Foreman Caperton stepped
up to the bench and Informed the judge that
one of the jurors John Berry, was quite sick.
When evening came on he became much worse,
and Just before tho court met tlo bailin in
charge Of the jury came down stairs and stated
that his case was quite serious
Justice Macarthur arrived at Q o'clock and
Immediately had the jury brought in, aud the
clerk asked Il they had agreed and was In
| formed that they had not.
as there no prospecl?" asked the Judge.
81 don't think there Is" snid the foreman,
at is good Jury, but we disagree" His hon
| or regretted that such was the case, as he
| had hoped n verdict would be secured. lie
| understood that one uf the jurors was sick
The foreman stated that Mr.. Berry had been
very sick nll the afternoon, aud was still quito
| unwell His honor said that he would take
| the indictments, and discharge them from the
| further consideration OF the case. The Jury
| was out twentY.ninc hours, and before leaving
| the room ench Juror signed q paper agreeing
| not to divulge the number of ballots taken
| or how they stood.