, 1889-10-10
HALF THROUGH.
The Prosecution in the Examina-
ton of Ohicor Gillespie
Rests Its Case.
The Identity OF the Sick Man ~
the Island Revealed---A
Forged Order.
Some Revelations Concerning the
Manner of Doing Business at
the Relief Tent.

iOlCelnull NlllldIh hllcSDle WAS re-
sumed before Justice Dunning. The
first witness called by the prosecution
was William Mckenzie, one of the eX-
pressmen who assisted in handling the
load of goods from Duebor's to Gillespies $
house.
WILLIAM M'KESzlE TEsrIrIEs.
William Mckenzie testified: | drive
an express wagon and assisted George
o. O'Donnol IN hauling some provisions
from house on Division street to Giles
pics. Gillespie told me to call for the
goods about I clock, and went down
alter supper Gillespie was there and he
handed out the goods from the cellar.
They consisted of hams sugar and rice,
some bacon and cases of canned goods
| am not positive that tho sacks con-
tained rice and sugar. We took the load
to Gillcspics house. Gillespie said the
| goods had been taken to Dueber's house
| by mistake. | saw my brother take u
/ load of goods to Duebcrs house the day
/ before,
| Counsel for defense moved that Me.
| kcu2ics testimony DC stricken out.
Oyorrulod.
s. II. M'KESME's TESTIMONY.
$. II. Mckenzie testified: | am an
express driver, amt hauled load of
| goods from the relief tent to house on
1 Division street 10y direction of Gillespie.
lie and myself and the employees ut the
tent loaded the goods. We took the
goods to house ON Division street and
put them in the basement and then in
the collar did not see lnglis in the
tent when We loaded the goods.
Cross.cXumiucd: Gillespie and AN.
other man pointed out the goods to be
loaded. | think most of the goods were
marked to the mayor of Spokane Falls.
! did not see anyone take !in account of
the goods we hauled away. Gillespie
went with me and assisted IN unloading
the goods. ON the way he remarked
that every one had Il house full OF people
and that they had To br led. Did not
notice anything secret about the trans.
action.
The defense moved that all the testi.
mony OF witness bc stricken out. After
considerable argument the motion was
ovcrrulCd.
William Mckenzie was recalled and
CrOss-cNumnCd by dClcusc. lie testified
When we arrived at Dupbcr's house
started To go into the cellar with Giles
pie, but the door was closed. The goods
were taken out through the door and
passed TO me. My wagon was backed
close up to the door. There was u light
in the cellar. but | could not sec any
thing inside. | don't know whether
Gillespie tried to- keep me from going
into the cellar or not.
rufSr OF LAW.
]. +, Van Ness was placed upon the
stand by the prosecution to testify as ~,
expert grocer to the value OF the goods
T alleged to have been taken by Gillespie.
The first question called forth an ObieC-
tion on the yart OF the dc.
Tense. They mSntaincd that tho
prosecution had no right to at
tcmpt To prove tlS.yaiuc of all the goods
alleged to have been taken by the defend
ant on different occasions, but must
elect upon which charge they would pro.
coed to prove values; they could not
string list of petty lurcCnics together
and establish u charge of grand larceny,
and there was no connection whatever
between tho different acts; there was no
evidence to show that when defendant
took one load lie intended 20 take
another. Tho prosecution maintained
that there was connection between til,
theits, ana thus they constituted grand
larceny; uuu that furthermore that II
the prosecution were compelled to elect
at all or which charge they would pro
coed with their arguments, they could
not be required to do 50 until the case
was closed.
II was now II o'clock and thc judge
announced that he would think the OBJ
lection over while on his way to dinner
and render his decision at . o'clock, I'm
Ill which Time court adjourned.
AFTERNOON SESSION.
Upon the rcas.cmbling of court in tn,
afternoon the judge rendered his dccis
ion upon the motion ut defense that I'll,
prosecution be compelled to elect OF
which cliuryc they would proceed. The
court announced tlHlt lac was forced t.
the conclusion that the goods taken By
defendant could properly be cpnsidgrc,
collectively tor thCpurpusC OF This prose
cutiuu, except as to thc goods removed
from Mn Duchcr'a house, aud these, too
wot,lu bc considered as part Of the oh
or. in ease thr fact slOuld he VstdD!ishrt
that they originally came from the relic
tCui.
j. f. Van Ness was again placed upon
the stand and testified aa to the markc
value of groceries, vegetables, etc.
(, TESTIMONY OF II. l.. WILSON.
D Ii. l.. Wilson testified: am mem
bcr OF the relief committee. When tho
2 mayor appointed us he intended Us /,
distribute the relief goods to suilcrer
( from the fire. do not know just whn
/ goods were in the tent. | never author
1 iZcd MIR. Gillespie TO take any good
I from the tent. oar method of dispos
ing of the goods was by orders, givei
to applicants for relief and presented t,
Mr.. Hayward who issued the goods
All these orders were written and signe,
1 | in the committee room as far us | huv
A ANY knowledge. | don't know oranN
- order having been given on the outside
II \ bout a week after the fire, as near MS
can remember II resolution was puSsct
that no orders be issued except from tht
committee room.
Cross. examined; AS near as | car
q remember, three or four blank orders
day were issued 10 Mr.. Mcllhuncy 70
about weeks time, Nh Hayward ha,
no authority to give out goods except ol
orders from the committee. | did no
know that goods were being sent OF
orders from members of the Commttc
I to persons who were not sufferers from
r the fire. | heard rumor to the eliec
S that this was being done. | have II,
4 knowledge of Mr. .Gillcspic's having iakci
$ any goods from the tont. l gave Il fey
Q blank orders to the clerk to Issue from
. the committpe-roo The committe
:. had been imposed upon and Mr.. Nell
J haney was Empowered to 20 out an,
! investigate certain cases and exten.
G relief If he found them worthy. | wa
| told by Mr.. Nithcrspoon and othc
Q members of the fire department that
i carlond of goods consigned to them ha,
u fallen into the hands of the relief com
$ mittoo, and the hremcn wanted an or,lc
, for nm amount of goods equal to thos
q consigned TO the iiremon aud appropri
Q ated by the committee. George r.. Col
y assisted the clerk for II few days. | d.
not Know that MIR. Cole was authorize.