St. Paul daily globe., 1889-06-26

Wadell, F. Chalmers, Joseph Surch, w.
H. Carr, S. w. Turner and George
B. Hush. In opening the case for the
state Frank NJ. Nye detailed the course
of the prosecution, and outlined the
evidence he intended giving. ut
seems" said Mr.. Nye, ''that at the time
of the committing of this crime Harley
was working for d. c. Moak q Co., and
one Mason was working at the Union
elevator. We expect to show that the
two entered into scheme to overload
cars consigned to MOak and divide the
profits. We shall show that Harley and
Mason met at saloon and hXed
up the plot. We shall show that
in pursuance of that agreement num-
Der of cars were overloaded and sent TO
Moak. We shall show that the extra
amount placed in each car varied from
10 to Is bushels. We shall show that
Mason left in his rooms at 225 Washing
ton avenue south record of the num-
ber of the cars thus overloaded, that
Harley went to the room and got the
numbers, and at different times left
money for Mason as the latters share OF
the sWag. We shall show that Harley
confessed the whole scheme to the ele-
vatOr company at several dl1erent
times.' Mason, the foreman of the ele-
vatOr, who participated in the crime
and turned states evidence to save him
self, was the first witness. He testified
that he had charge Of loading and un-
loading the cars of wheat. He said that
he met harley first at Holcomb's saloon.
Harley said he supposed he knew
of the overlooking OF the cars
that went on while Holcomb was fore
man and told him that if he would con-
ha coflcfInd
he received for it. Holcomb who was
present said that Mason should re-
ceive one-third for his part of the work.
Samuel Hill, one OF the directors and
the lawyer for the elevator company,
was the next witness. He told of the
confessions that Harley made:
"We were up in Pratt u POrter's
office, chamber of commerce, and we
sent up for Mr.. Harley to come down,
and he arrived with Mr.. Howard about
10 o'clock. We were all seated about
the table. I told him we wanted to
know about the matter of overlooking
the cars. talked to him very severely.
He said that he was not morally re-
sponsible for anything that he had
done, as he was working for
Moak & Co. He said, too, that
he was not criminally liable. l
dSkGu Ill uC WttO WILLIE W
any restitution to the company, and he
said that he was not, that if he had made
100000 he would not repay cent. He
said he paid Mason about $1,000. There
was about $4,000 coming to him which
he would have received but for specu-
lations of Moak and companies in Chi
cago. He received 10 per cent of the
profits and
The next morning in the municipal
court room he was sitting a good ways
from the Judge. l was sitting in the
apartment set aside for the lawyers. He
mOtioned to me to come over to him,
and l went and sat down by the side of
him. He seemed very much broken up
over the matter, and said he would do
anything to restitute the company. He
wanted to make clear breast of the
affair and would work it out or in any
way make it good. told him I could
do nothing for him then, and referred
him to County Attorney Jamison."
Horace w. Pratt, director and vice
president of the company, testified to
virtually the same thing as Mr.. Hill.
c. A. Pillsbury was the last witness.
He testified to confession which Har-
ley made to him at his home last sum-
mer. HE said he thought that we
were prosecuting him more than those
who we're more guilty" The most in
teresting testimony in the case will
probably be given to-day.