Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-03-09
MYERS STILL MISSING.
ANOTHER DAYS DELAY IN THE TALLY
SHEET RIAL.
Arguments to the Jury to Begin This
week-Efrorts by the Defense to Secure
the Presence of Mr.. Myers-An Affidavit
offered by the Defendant.
COLUMBUS, O.. March q

No witnesses were examined In the tally
| sheet trial yesterday ON account of the Alb
sence Of Allen o. Myers. Word was re-
ceived at nine O'Clock from Sheriff Custer
at Cincinnati that he nad Deen unable tC
| find the witness. Mr.. Converse rose soon
after court convened and state that it was
q matter of great Importance To the defense
to have Myers recalled. His presence was
considered necessary by the defense before
the case wasSubmitted tu..the jury. MI Con,
verse suggested that the case be adjourned
until next week, and the jury sent " their
homes under the strict instructions VI the
court
Judge Nash said that the State would re-
siSt this proposition. as they were not
aware of anything about which Mr.. Myers
could testify for the defense, as he had
been asked on crosse Iamination all of the
questions upon which the State had con-
tradicted him. He thought in view OF
this fact, it would be waste OF time TO
further prolong the case by waiting for Mr..
Myers.
Mr.. McSweeney made a full statement OF
the steps taken by the defense to produce
the witness and the information obtained.
dispatch had been received from the En-
quirer office TO the effect that inquiry had
been made at Myers home, but that his
wife did not know where he had gone. he
frequently went away, she said, in his
newspaper work, without telling where
he was going.
Word had also been received that Myers
last words on leaving the Eng Iircr Office
were that he was going To take the o'clock
train for Columbus. Further telegram
stated that he had gone east. He said that
the defense was extremely deSirous to have
Myers present and that they had tele-
graphed To great many persons III Clncin-
natl in order to ascertain his whereabouts
Mr. McSweeney announced that hc WAS en-
gagged in preparing an affidavit TO be sworn
TO by the defendant. which he would pre-
sent TO the court later. He called attention
10 the fact that special had appeared in
the Cincinnati Evening Telegram 20 the
effect that a capiaS had been issued by
Judge Pugh for Myers arrest for contempt
of court Although this turned out to be
a groundless rumor, it WAS possible that il
had the effect OF keeping the witness away
from Columbus.
Colonel Holmes was decidedly opposed to
the proposed poStponement of the trial.
He said that four days had been consu med
in futile attempts to get the witness here,
aud that it was useless to further delay the
case. The first Of these motions was to re-
store that part OF Peter Pottcr's testimony
on direct examination. relating 10 the con-
versation which took place st Crouch's sa-
loon. This was stricken out on a techui-
cality when introduced. After short dis
cussion. participated in by Messrs. Con-
verse. Holme. and Nash. the motion was
withdrawn by the State.
Mr.. McSweeney at this point announced
that he had completed his affidavit, and
would read il To the court. Colonel Holmes
asked that the Jury he sent from the room.
which was done. The affidavit sets forth
the vital importance tO the defendant of
the presence Of Mr.. Myers. and states that
the defendant believes that his rights would
be predjudiced by the absence OF the wit
ness He therefore asked for a stay of pro-
ceedngs, so that Mr.. Myers could be pro-
duced in court. The affidavit was signed
and sworn to by Robert B. Montgomery.
Counsel for the State opposed the COLI
tinuance, and. in 50 doing. called forth
from Mr.. McSweensy the emphatic declare
ton that they did not desire Mr.. Nyers TO
return. He intimated very strongly that
the counsel for the State had been acting in
bad faith in the matter, and charged that
they wanted the witness to stay away, 50 as
TO prejudice the rights of the defendant
Colonel Holmes denied the charge as en-
phatically As it was made. He said that
counsel for the State had been sincere in
their etforts TO bring the witness here, and
that there was nothing to give ground for
the belief that future efforts would be any
more successful.
Colonel Taylor then rose and spoke fur
ther concerning the special in the Evening
Telegram to which Mr. McSweeney had re-
ferred previously. He expressed hi. disgust
that the witness should have been fright
ened away by such a publication. Colonel
Tayler added that he had been informed
that this dispatch Was not sent by the reg
ulsr correspondent of the Telegram at the
trial, in which statement he was correct
He said that it looked very much as il
someone acting in behalf of the State had
sent the special, in order to keep Myers
away, 50 as 10 prejudice the case OF the de-
fendant Colonel Tayler charged that such
things had been done before by persons in
connected with the State. and
this might turn out 70 be some more OF the
same kind of work. Colonel Tayler said
that the matter would be thoroughly inves-
tigated. In thi, connection Colonel Tayler
referred to the fact that Mr.. Duf is now in
Mr.. Huling replied denying any knowl-
edge as to who sent the telegram. He said
that the defence was Just as liable TO the
charge as the State.
Judge Pugh said il was out of the oues-
ton to adjourn the case for any great
length of time, as in that event il would be
to release the jury. He was dis
posed, however, to adjourn the case until
this morning in order to give the witness
further time in which to appear. Accord
ingly the jury was called down. and the
trial adjourned TO teno clock this morning.
Before adjournment Judge Pugh eI-
pressed his sympathy with the jury. and
yentured the prediction that the testimony
would be closed soon, as there would be no
further delays He suggested to counsel
for the State that in view of the adjourn
ment, they should be able to begin argll-
ment Immediately after the testimony was
all in. Arguments on the motion to strike
out Mr.. Huling's testimony will be heard
this morning. at nine O'Clock The attor-
news for the defense were actively engaged
afternoon in telegraphiug to diff
ferent poiHts for the purpose of ascertain
ing the whereabouts Of the witness
At five O'Clock yesterday afternoon no
additional word had been received from
Sheriff Custer. The arguments will prob
ably begin tomorrow. although it is posi-
Die they will be opened this afternoon. 1t
Is understood that counsel will not be linn
tied as to time. II is doubtful If the case
will be submitted next week.
Ohio Pensions.
WAsHrsaroN, d. C., March Extensions
have been granted to residents Of Ohio ,.s