Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-08-11
MIR. tally DENIES THE STORY.
The Defence In the Guy Case Closed
Today.

Inc DeIence In the Guy Case Closed
Today.
TESTIMONY TO snow THAT ARNOLD HAS BEEN
VISITING BURaEss-THE PROSECUTION PRODUCE
EVIDENCE OF BURGESS GOOD REPuTArIoN-
ALL THE EVIDENCE TO BE IN BIT TOMORROW.
The trial Of Lieut. Guy Of the third precinct
was resumed before the District Commissioners
in the board room at the District building al
o'clock this afternoon. When the case ad-
journed Saturday it was understood that today
was to be the last for hearing the
testimony for the defense, and consid-
cradle interest was aroused, az il was
expected that Tally, the man whose name has
figured so prominently throughout this case,
would be on hand to deny the testimony that
he had leftan envelope containing ego for Guy
as bride. Tally has not been seen around
before and Mr.. Claughton stated satur-
day that he was last heard from in
Buffalo, but that 1t was thought
that he would be here today. 1t was generally
understood that he was in town this morning,
and 1t was stated that he had been seen around
police headquarters in conversation with some
of those most interested in the case.
While waiting for Col. Robert to appear Mr..
Hazelton remarked to Mr.. Claughton that the
audiences seemed to be getting smaller and
that 1t must be the fault OF one or other of them
that they could not keep up the interest that
was shown in the case when it was somewhere
that the Audiences s' are " gradually d~ win.
ding in size, as few new faces
appear to take the place Of the familiar ones
that have passed away. The crowd today was
made up almost entirely Of interested people,
who have made il q point not to miss q single
hearing il il could possibly be helped.
Mr.. TALLY APPEARS.
As was expected Mr.. Jno. E. Tally was frst
called to the witness chair. he was first asked
if he knew Atchison, the witness who testified
he knew him, but he denied point blank
all the story about his ever having
left any money for Lieut. Guy nor had he ever
had any financial transactions of any sort with
Guy. That was all Of his testimony, but it was
important in the case in hand
When asked by Mr.. Hazelton what business
he had been in at the time this occurrence is
said to have taken place Mr.. Tally said that he
did not think it had anything to do with the
case and he must decline to furnish the infor-
nation.
GOT HIM TO THE STICKING POINT.
Mr. VIM. P. Wood was next called to testify
with reference to some conversations ex-Lieut
Arnold is said to have had with him about
Atchison's testimony Mr. Wood stated that
in effect Arnold had said to him that he had
got Atchison up to the sticking point" to
testify against Guy.
ARNOLD AND BURGESS.
John Kenzie, who lives across the street from
Sergt Burgess, testified that at least half
dozen times in the last few weeks Arnold had
come to Burgess house and had then gone off
up 1lth street il earnest conversation with him.
John Umpeby, rho also lives near Burgess.
gave testimony about seeing him and Arnold
together twice last week.
John w. Leslie, who lives at 400 18th street
southwest, diagonaIly across from Burgess
house, also testified to seeing Arnold and Bur-
CESS together twice recently. Arnold would
come to Burgess house and apparently sum-
mon him out, for the two usually went. off in
company.
THE DEFENSE CLOSED.
This closed the evidence for the defense, but
Mr.. Claughton made the request that the record
of the trial of ex-Lieut. Arnold should be
placed on record in this case.
GUYS ENDORSEMENT OF BURGESS.
Mr.. Sylvester, property clerk at the police
headquarters, was called and recognized a
paper which Mr.. Hazelton said he could put in
evidence. 1t was letter from Guy to Major
Dye dated In 1855, recommending Acting
Sergeant Burgess for promotion to the rank of
sergeant, and recommending him as faithful
REPORTING HIS OWN TESTIMONY.
Mr.. Edwin Forrest, the stenographcr in this
trial and also in the Arnold trial, was called to
recognize the record in the Arnold trial. This
made things lively fer Mr. Forrest for he had
to keep track of the questions asked him,
answer them and make record
of his own answers all at the same time. But
he made great success of it all. He recog-
nized the record Of the testimony that Lieut.
(Ir1v ho1 civ i,,t AN Il
NEVER HEARD ANYTHING AGAINST BURGESS
Mr.. 3. B. Earnshaw, 1921 NJ street southeast.
was called by Mr.. Hazelton to testify to Ser
geant Burgess character and general reputa-
ton. He stated that he had lived in his pres
ent locality since 1853 and had known Burgess
for long time intimately and never heard any
one say anything against Burgess reputation for
truth and veracity. Mr.. Douglass remarked
that this was the highest testimony that could
be given about a man, for the world always
speaks very freely OF u man when his reputa-
ton is ut stake. When questioned by Mr..
Claughton the witness stated that Burgess
brother-in-law was at one time partner with
himself in the grocery business but Mr.. Hazel
ton insisted that there was nothing in that to
impeach the witness testimony.
DISCUSSING MATTERs
A little delay was here caused by the non-at-
tendance of some of the district attorneys wit
nesses, but they were all telephoned for, and
while the court was waiting their arrival the
Commissioners and lawyers discussed the pro-
gress Of the trial and the matter OF taking test-
mony. Mr.. Claughton said that it mad been his
understanding that a copy of the testimony
was to be furnished to Lieut. Guy, but much to
his surprise it had developed that they were
expected to pay for it themselves. If this was
the case he was afraid his client, who is not a
rich man, would have to 60 without a copy of
the testimony. No particular conclusion was
arrived at in the matter, however.
THE sHURLAND RECORD.
James A. Kemp, the stenographer who re-
ported the Shurland trial, was next called by
the District. He recognized the record of the
trial as the one he made at the time of the trial
in 1884. He verified the record Of Maddox's
testimony in that case, this record having been
placed in evidence in this case.
MORE ABOUT BURGESS
R. J. Earnshaw, a -four and feed merchant,
stated that he knew Sergt. Burgess and know
his reputation for truth and veracity to be
most excellent. He had never heard any one
speak against him, although he had known him
well since 1870.
Mr.. Hazelton stated that Mr.. Joseph Gawler.
DR.. Kleinschmidt and Mr.. Louis d. Wine had
been subp9naed to testify to Burgess char
acter, but that they had failed to show up.
RESIGNED AND DID NOT TESTIFY.
Henry NJ. Wilkerson, station keeper at No. 4
precinct station house, was also wanted, but Mr..
Douglass said that Wilkerson had sent in his
resignation this morning and had failed to put
in an appearance at the trial. Col. Robert
stated to STAR reporter that he would not
sign the acceptance of the resignation, as he
did not intend to have men forced off the police
force lust because they were cOmpelled to tes-