The Portland daily press., 1890-10-10
the RIcELow CASE
attracts Good Deal of Attention In
the District Court,
But Comes to a Very Abrupt rernnl-
nation.

The trial of Walter W. Bigelow of Clinton,
charged with robbing the mails, was begun
IN the United States District Court room
yesterday in the presence of large number
OF spectators. The relatives of the prisoner
were accommodated with seats in the bar,
District Attorney Dyer appeared for the gov
eminent and Hon. Orville d. Baker for the
defense.
District Attorney Dyer in his opening said
that on the 2Sth of June Miss Ida A. Joy of
west Gouldsboro sent an order by letter to
Jordan, Marsh 81 Co., Boston, to purchase
eight yards of muslin. On July Sd the mus
lin was sent In the mail and on a railway
mail car in which were three clerks, the re-
spondent, Mr.. Fl. w. Jones and Mr.. A, w.
Bigelow, uncle of the respondent. Mr.. Jones
says he saw Bigelow jump on table. reach
to pigeon hole, take down package. strin
of the wrapper, crumple the wrapper nm
and throw it on the floor and put the con.
tents OF the package in his valise. Mr.. Jones
teiegraphed to Chief Clerk Graves and when
Mr.. Graves arrived told him what he had
seen. AT Portland Mr.. Jones leaves the car
and Mr.. Noyes takes his place. Mr.. Graves
opened the prisoners valise, and he and Mr..
Noyes got a good look at the contents there
OF. In the valise was piece of white polka
dot muslin
Counsel for the defense objected to the
form of the indictment and the government.
on consideration, mol pressed" all but the
fourth and sixth counts Then followed sew
eral objections by counsel for the defense on
| technical points relating to the meaning and
application of the statute under which this
| indictment is found. The court oyerruled all
the objections
Miss Ida A. Joy of West Gouldsboro was
the first witness. She identified the letter
which she wrote to Jordan, Marsh & Co., Or
dering piece of muslin.
Miss Nellie O'Brien, employed by Jordan,
Marsh g. Co.. testified that she received the
order and transmitted it to the shipping de-
partment.
Frank Mullen, employed by Jordan, Marsh
d Co., testified to putting up the package of
muslin, but he could not remember this par
ticular package in distinction from any other.
Miss George Watson. employed by Jordan,
Marsh & Co., testified that she addressed a
package on the date mentioned to the address
described but had no particular recollection
| of it.
Herbert w. Jones, mail clerk, testified that
the respondent, W. w. Bigelow, and his
uncle. A. w. Bigelow, were in the car with
him July Sd. Saw the respondent take a
package from pigeon hole near Newbury-
port, put 1t under his coat and 20 into a
closet. Respondent took off the wrapper and
threw 1t into corner. Mr.. A. w. Bigelow
was reading in the other end of the car at the
time. Witness then saw Walter Bigelow put
the contents of the package into his valise.
Witness said his own valise was very nearly
like Bigelow's grip. Witness had several
times made examination of Bigelow's valise
to see if he had stolen packages in It,
He thought the respondent acted suspi-
ciously that day before the theft described.
On cross examination counsel for the defense
questioned the witness very infinitely, going
into every particular and extracting the
smallest details Of his recollection of the oc-
currences on this particular day. Witness
was asked If he was an enemy to Bigelow
and replied no. Was asked if he had not
made threats that he would "get even with
him" and denied having said so. Denied
that he had been very Jealous in working up
this case. Was asked why he did not cali the
uncle's attention to the fact that Walter had
stolen package. Said he preferred to noti-
fly higher officer, Chief Clerk Graves. He
opened the valise and found piece of dress
goods. Did not mention the matter to young
Bigelow.
Afternoon Session.
Robert E. Graves, chief clerk in the rail-
way mail service, testified to receiving de-
spatch from Jones in relation to detecting
Bigelow pilfering. He went to the Union
Station on July list and rode in an ordinary
mail car to Brunswick with BigeIow and
others. He looked in Bigelow's grip and
saw two or three bundles but did not look
into them. He instructed Noyes, another
clerk e1a to search Bigelow's grip. Bigelow did
locked.
George W. Noyes, of Biddeford, railway
mall clerk, testified that he made the run
with Bigelow and others. He searched his
grip at Graves's request. He found several
small packages, one containing white muslin.
DE made the first examination of the grip
at Watervllle and second between Pittsfield
and Newport. He saw Bigelow take the
grip with him on the train from Bangor to
Clinton.
The government here rested It's case.
hon. y. u. Baker Ia opening the defense
occupied about twenty minutes His argu.
ment was very eloquent. He said the defense
wVuiu oisnpiy Wy w place Tie pain IacLS De-
fore the jury. He appealed to the Jury to
weigh all the facts most carefully. He al
lqded sarcastically to the amount of theft
charged, and ridlculed the idea of man who
had any. intention of stealing and being
placed where he could get his hands on mon.
ey and valuable things, stealing
a few yards Of muslin The idea
was ridiculous. If Bigelow stole
the muslin what did he do with it I? If he had
peddled 1t or sold it, it must have been east
ly detected and very easy thing for the
government to show what had become of it.
Ihis the government had utterly failed to
do. He claimed that Jones was an ZEN en-
envy of Bigelow's and it was upon this testi-
mony that the governments whole case rest
When Mr.. Baker had finished Judge Webb
put new aspect on the affair by announcing
that the testimony of the case clearly showed
that II any crime had been committed it was
committed between Lynn and Newburyport.
1t was therefore evident that this court had
no Jurisdiction in the matter. The jury were
therefore excused.
The announce ment of the judge created
sensation In the court ROOM
Ii Bigelow is tried on the charge it will
have to be in Massachusetts.
bigelow will be tried this morning on an
other Indictment.