St. Paul daily globe., 1889-06-27
THE HARLEY CASE.
A Demand For Specific Proof
BOtherS the Prosecution.

Judge Rea adjourned court yesterday
afternoon at o'clock to allow the state
to look up further testimony toward the
specific Identification of the exact cars
and their numbers which William e..
Harley is charged with being guilty of
overioading. The case, which seemed
so very dark for Mr.. Harley week ago.
is beginning to brighten for him just at
present. While he has confessed to
being identified with the big wheat
steal. there is probability at present
that he may escape from punishment.
His attorney has raised two points that
are STARTERS to every one, and may prove
his deliverance. The first was raised
day before yesterday, and has not yet
been acted OH by the court, as Harley's
attorney did not insist on it this morn
ing when the trial was commenced.
This point is that each act of overload
ing cars should he considered separate
otfense. If this point is sustained petty
larceny is all that can be proven, and
the case will, in all probability, be dis
missed. The other point was virtually
what caused the delay this afternoon.
1t is that the number of the cars over
loaded must be produced so
as to prove specifically that
there was larceny. Attorney Jamison
asked for time to search for the slips,
on which the carnumbers were recorded
at the time of overlooking. The estab-
lishment of facts relative to just what
cars were loaded has not been clearly
made, and the attempt may fall through
altogether. Considering these two con-
tingencies, Harley went Outof the court
room happier last night than he has
been for weeks before.
Mason's testimony yesterday morning
was the most interesting portion of the
trial. He said he could not swear to
share of the SWag at Jennie Harris
place. on Washington avenue. but that
he never received it from Harley's own
hand. Mason is at present employed at
an East side elevator. and his testimony
showed that Capt. Holmes had assisted
in getting him the place. He was con-
fused on being asked if he was not testi-
flying to save himself. A postal card,
which Mason claimed was the only COM
munication which he had with Hol-
comb, was produced. but was rejected
as testimony Oh the objection of the
state. The card read as follows:
l will call on you in about two weeks to
consider some plan to GO Hartley, as he is
me here what Hartley said to you on his re-
turn. Now. Charley, we can both go back to
elevator If we do the right thing. Yours,
II. S. H.
William 6. Ainsworth, the secretary of
the Union Elevator company, testified
to show the value of wheat at time of
the steal and the manner of handling
wheat in elevators.
Jennie Harris testified that Harley
came to her house frequently and got
envelopes left there by Mason and that
he also OH two occasions left envelopes
for Mason. She did not know what was
in any of the envelopes.
G. n. Porter endeavored to give testi-
mony concerning Harley's confession
but turned ill while on the stand and
was excused.
tInspector James Howard, who was
present at the time of the confession,
also testified cOrroborating previous
testimony concerning the confession.
The remainder OF the testimony of the
afternoon was all endeavor on the part
of the state to prove that in
cases of certain cars there was
variance in their weights at the times
they were weighed at the elevator by the
state weigher, and at the time they
were received at the mills where the
wheat was sold. +. Il. BlOdgett, the
state weigher and John Forrest, a mil
ler of Chippewa testified for this pur-
pose. Charles Haywood was the last
witness of the afternoon. 1t was his
duty to copy the car numbers from the
by Mason, into the book. He was able
to state certain numbers of overloaded
cars, but as the slips could not be pro-
duced the full evidence desired could
not be given, and court adjourned so
that the slips might be found. It
seemed to be the attempt to trace car
through all of these four last witnesses.