Butte semi-weekly miner., 1889-06-26

Exact Opposition to Each Other-Bot
Tell Their Stories, and Commissions
Irvine Thinks the Inspectors th
More Plausible, and Gives the Govern
Il ment the Benefit.
i The preliminary examination Of Loui
v. Wertheimer, assistant postmaster, a.
cused OF tampering with the mails, too
place before United States COMMISSIONS
Irvine, Saturday evening.
United States Attorney Weed appeare'
for the prosecution and Hon. Thompson
Campbell for the defense. The complain
against Wertheimer was opening a lette
addressed to Thomas Manuel Ashley, Wis
consin, and the letter alleged to have beer
opened was introduced in evidence. Pos'
Office Inspector Spight. bright looking
young man from San Francisco, was the
first witness sworn. ts......
He testified that numerous CO mplainte
| OF letters being lost which were mailed a.;
the Butte lost Office had been made and
| that he had been detailed to investigate
the matter. He said that after arriving at
Butte he at once began to familiarize him.
self with the Office, securing access by ex
hibiting his authority land after watching the
different clerks for some days, became sat.
isfied that Wertheimer was tampering with
the the mails, because he acted in a manner
which would create suspicion. After hav.
ing thus satisfied himself he laid plans for
the detection Of the accused and took two
OF the other clerks into his confidence.
June 20, about $50 o'clock, during
Wertheimer's absence, Spight said he en-.
tered the postotice and secreted him
self on top OF the vault and shortly
afterwards Wertheimer returned. About
an hour afterwards, by preconcerted ar
rangement, all the clerks, excepting Vert
heimers left the office. Wertheimer, as soon
as he thought himself alone, SO Spight tes-
titled, walked back to the mailing rack,
took out several letters and ran them over,
examining each one. He finally put all
back excepting one, and running his fingers
over it, as though feeling its contents, took
the letter and walked to the front OF the
Office in the direction OF the registry room,
and Tor lew moments was out OF sight OF
the witness. When he next saw Wertheimer
it was in the registry room sealing up let
ter, which the accused had lying on table
in front OF him. In sealing it he used piece
OF blotting paper. which was exhibited in
evidence. As soon as he had finished seal.
ing the letter, Spight said, Wertheimer
started toward the mailing table, but be-
fore he got there the witness jumped from
the vault, and running up to Wertheimer,
teri" Continuing, the witness said that
Wertheimer raised his hands to his face
and exclaimed, "Oh, my God, Mr.. Spight,
have q family" Spight replied, "You
should have thought OF that before" Come
along with me, I must search you," and led
him toward the registry room. While 60
ing to the room, he said, Wertheimer
pulled two five dollar bills out of his pocket
and threw them on the table. Spight said
he picked up the money and the letter
which Wertheimer had just sealed up, and
alter getting to the registry room, asked the
accused where he had received the
letter, and that to this query accused had
then said that it had been given to him by
said he called Wertheiuer's attention to
the fact that the letter bore the Butte
postmark and asked him how that came
there. Then, he continued, Wertheimer
broke down again and began to cry and
spoke about bis family again. Spight said
ne now began to search Werthelmer and
that while ne was SO engaged Werthelmer
said that the letter had been put into the
wrong box In the morning and had been
dropped into the ONCE during the day ana
that ne was gong TO put IL Dack. wnere II
belonged. One OF tne oGner clerks en1ereo
the once, Splgnt saio, wniie ne was search.
ing Werthelver and the latter asked that
ne DO allowed TO SEND ior an attorney ana
WI when asked wnat attorney ne wan'eo' sa'o
thompson Campoeu.
Ine witness 'nen oetalieo aow accused
mao peen TAKEN oelofe One comuisSioher
and released on Dali. =,
Mrs. Cox, suppoeaned 1or tne prosecu'
tlon, was next caiieo. cne loen'ineo
letter SHOWN ner. tne one lntroouceo as evl'
oence, as one sne nao gwen 10 ifienu 70
mali Ior ner. IL contained panK oraio
ior $5o ana was addressed az 20 Mr; Inomas,
Manner. Asnley, Wisconsin. one nao 1aKen
particular pains TO close the nap tnorouenly
and mad appned some mucllage WIN neI
hnger under tne nap at one siae Wnere IL
nao noS aongreo. one gave 1ne iec'er 20 ner s
1rleno, MRS: baWoen IN 1ne posi- ohce W
put In the crop Dox. Wnen sne gave Sne
letter TO Mrs. bawoen IL was 1noroughiy
closed.
Mrs. Bawden also testlned TO the nermeI.
ical sealing OF the letter which was done at
Maillet's store. The extra care was taken
because OF the value OF the contents ana
the ladies were very particular to see tnat
it got safely into the postottice without the
least impairment of it's exterior surfaces.
The letter. when shown at the examna-
tion had the appearance OF either having
been opened or else sealed in aslovenly and
careless manner in the first place. The
back OF it, near the edge OF the upper hap
was soiled by mucilage stain which ex'
tended across the entire surface from one
corner to the other. The edge OF the same
flap was also somewhat torn.
For the defence Mr.. Campbell had Mr.
Bachelor, ex.assistant postmaster, and the
defendant sworn. The first stated that the
assistant postmaster had q right to ex-
anime into anything connected with the
mailing department if he saw fit, and that
Mr.. Wertheimer, acting as such. had that
right. 1t was often the case mailing clerk
threw a letter into the wrong box. Inc
man who was distributing now was put
there when the witness left the postotfice
and he had no reason to believe that he
was more liable to make mistakes than
any other. He then explained how letters
were disposed OF after being dropped into
the postoffice. On cross-examination he
stated that when letters were placed in the
regular pigeon holes it was not the custom