St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-16

Lyndale line if they are needed. Inc
motors will run from the Thirty-first,
street junction out to the lakes, Mime
haha falls and to Washburn home, but
tomorrow is the last day they will ever
be seen this side of the junction. =
WILL DECIDE THIS MORNING.
Judge Emery Wanted Time in
Which to Study Rays Case.
Rays tate is still undecided. There
are some knotty law points in
volvedin the matter and Judge
Emery yesterday announced that
he would render his decision this
morning at 9 o'clock. There is one
question which was not raised by
the attorneys, but which will be con-
sideled by Judge Emery in passing
upon the case, and which may give Ray
his freedom, temporarily at least. for he
would probably be rearrested on some
other complaint. The point is this:
Can one of two men who are consplrlng
together to defraud the city OF state be
guilty of embeZzlement as against
others, with reference to the very mat
ter which is a part of the conspiracy.
Ray had agreed to allow Bernheimer TO
continue selling liquor, although his
license expired July 1, upon Bernheim-
er's depositing with him (Ray) $500.
Nothing was said about returning the
specific money to Bernheimer at any
specified time. Nothing was said about
returning any money, in fact; 1t was
simply understood that when Bern
heimer came forward with the other
$500 he would get license to sell
liquor.
Now the point is this. Ray and Bern
heimer made this agreement, and Kay
received the $500 July IA. His license
expired July l. Yet he was continuing
the retail liquor business. Upon pay
ing over the $500 he was allowed to con-
tinue for still longer time. Every SIN
gle sale Bernheimer made after ms
license had expired was illegal and
fraud upon the city. In accepting the
$500 from Bernheimer, Ray was guilty
of conspiring with Bernheimer to de-
fraud the city. Should Rays case e,
to the grand jury, the district court will
be asked to consider this point. 1t may,
moreover, be held that Ray was guilty
of breach of trust merely and not OF en-
beZZlement.
behalf of Ray began yesterday morning
in the district court the accused looked
even more worn than at any time since
the case began. The worry of the trial,
and the badgering which he experienced
from Frank NJ. Nye OIL the previous
day apparently ma We told upon him:
Outwardly, no wever, he was calm and
cool as ever. The witness first put upon
the stand by the defense was
C. W. Matthews, street conf
missioner. His . testimony was e4-
pected to prove that Ray was i'll the city
treasurer's office ON the 22d OF July, dis
puted by ModiSette and Crosby. on
which day Ray claims to have seen Sor-
enSon there, although SorenS0n was
really in Duluth. Matthews testimony
was most vague. Nothing had occurred
to fix July % in his mind as the exact
date on which he had seen Ray there.
He merely knew that it was a lew days
before he read in the papers OF RAYS
disappearance. The defense agreed to
abandon Matthews evidence as worth
less because of its indefniteneSS..
but. as the man was on the stand. At
torney Nye concluded to question him
little, which resulted in nothing further
than that Matthews had once seen Ray
i'm the treasurer's office, and had seen
him doing something with tin box in
which there was something. There
were no more witnesses, and Mr.. Penny
arose to plead for his client. He did it
ably. He called attention to the small
amount of evidence against Ray, to the
mans previous good character. and to
the fact that other persons had access
to the famous tin box.
LET us for a moment" he continued,
.'reverse the positions. d0 not mean
to make any charges. But suppose that
Mr.. Crosby was in the position of this
defendant. | submit that there is
stronger chain of circumstantial evil
dence around HIM than there is around
Ray. That money had been left for
two years past in the city treasurer's
office. Nobody distrusted him. 1t was
left there in a paper box. Nothing was
said then about any danger to
the money. Why should it occur to
Mr.. Crosby at that time that
a TIN box was necessary. MIR. CrOs-
by has access to this box all day.
He is in position where he can alb
stract that money and no one will see
him do it. But Mr.. Ray cannot take
that box where he will not be seen.
There is ALWAYS some one in the office.
They can see him and he would be eX-
ceedingly liable to discovery. Another
thing, if Mr.. Crosby was on trial the
county attorney would call particular
attention to the fact that Crosby was
the one who found that box open on Mr..
Sorenson's desk and he said immedi-
ately. Il call you to witness Mr.. Rays
careleSSneSS.'
Attention was next called to the
meeting of Howard with Ray i'll Mon
treal, and the latter's surprise. Mr..
Penny then discussed the law applica-
BILE to the case. The distinction be-
tween larceny and embezzlement was
pointed out. The question turned upon
MIR. Rays relation to the Bernheimer
Wine company. The complaint alleged
that Ray was bailea The defense
.contended that he was not. The tidu-
| ciary relation necessary to constitute
| this relation did not exist. There was
| no fiduciary relation between Ray and
| the Bernheimer Wine company. w. H.
| Donahue followed with brief
argument, and Assistant County Attor-
new Nye took an inning, and, step by
| step. Waded through the mass of evil
dence, picking up word here, dropping
| one there, as careful weaver manipu-
| lates his threads, and throwing light
upon all the suspicious circumstances
| brought out during the trial, especially
| Rays attempt to borrow money on his
property before leaving. He traced the
thread of motive through a dozen cir
cumstances. He pointed out how this,
that and the other little innocent fact
became luminous when viewed in the
light of Rays motive and his plan. He
argued that the whole transaction was
the result of carefully thought-out
plan. 1t was scheme. Rays plan was,
he argued, to 90 to Canada, to direct,at-
tention to the loss of the money while
he was away, even to throw suspicion
upon himself at first, to cause his arrest
in order that when he returned
he might, by explaining his absence.
throw suspicion from himself and
direct it upon the clerks in the treas
urer's office, in whose custody the
money was left. The fact that he
bought two tickets was an indication
that he intended to go to Canada. He
knew that it would not cost anything te
Al Is,