Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-12-09
TALKING TO THE JURY,
Argument Made by the Lawyers in the O
Of She pard White.

TALKING TO THE JURY.
Argument Made by the Lawyers in the Case
Of shepard White.
After recess, in the trial Of B. Shepard White
the matter OF the instructions to the Jury were
again taken mp and after they were settled
Judge Bradley called upon the counsel 70 begin
their argument at o'clock.
MR. cLAaErr's ADDRESS TO TIE JURY.
Mr.. Ciagett made the opening address for the
government. White followed him with the
closest attention Mr.. Clagett remarked that
il there was one infraction of the law
that carries with it the detective camera
OF discovery that crime is forgery, for
when the deed is committed the proof is made.
The paper exists rs an evidence of the forger 8
guilt. The crime of forgery is closely bound
up with that Of the uttering of the forged
paper.
MIR. Clagett said that il was their duty TO look
at the case impartially. without prejudice and
without pity. as it is told in the testimony as
well as in the story of the defendant himself
After the story told by the defendant upon the
stand much of the necessity for argument had
been eliminated. The checks we're all in evil
dence. SO we're all the papers there, and, the
attorney submitted, the proof of all was before
them.
Mr.. Clagett referred to the testimony that
had been brought before the Jury, calling their
attention to the fact that of the money paid by
Messrs Hyde and Matthews for iron work
neither Corning nor Albree had ever
received a cent of the money iegiti-
single scintilla of evidence brought
out In this case to show that White had any
authority to sign Cornings or Albrce name on
any paper or had any reason for belize wing that
he had any such right. The case WIS made
out beyond all question by the testimony for
he. oh EG III do
they were signed by the defendant
with names that nc had no right to use
they were deposited to his credit and drawn
out by him at his own sweet will. and that was
all there WAS about il. These essential facts
were all admitted by the defendant himself,
and all that was left for him to do was to at
tempt to explain them away.
BEGAN HIS WORK WITH AN UNTRUrH.
Mr.. Clagett said that White began his work
with an untruth for he went to the assistant
building inspector and represented that his
employer was. in straitened. Circumstances and
80 succeeded in getting certificate that the
WIN oh the nre escapes was so
far advanced that the payment of
S5CO on account would be justified When he
presented this check at the bank and was told
tLat the name of {. h. Albree must be in
dorsed upon it he said that Albree WAS not in
town and could not be reached and We. in a
lew hours White returned to the bank with the
check SO indolscd
continuing Mr.. Clasett remarked upon the
actions OF White collecting over 81 900 for his
employer i'll space OF a couple of months and
YET IN all that time he never let Mr. Corning
know That he had ever collected q cent
Tor him. Tho fact that when he was
informed the name of Albree on one
of the checks must have the word .'agt." after
1t to make it conform to the face lie took it
back to his Office was significant fact. Noe
pert testimony had been placed upon the stand
as to the signatures on the back of the
checks Handing to the jury the check
that bore all three names upon the
back Mr. Clagett reminded them of the fact
that White had testified that he wrote all three
names with the same pen and ink and at the
same time, and he asked them az common
sense men whether they could believe that this
WAS SO upon even q cursory study of the names.
White had told them that the money he
collected Oh checks and turned in to his own
credit was to be used in paving the expenses of
the Office. and yet the checks of Mr.. Corning
mat had been placed III evidence showed that
between the LIST aud the 22d OF May White had
received from him s235 to pay those very same
expenses.
Mr.. Clagett reviewed briefly the evidence
that has been presented within the past two
days, laying stress upon Whites course in
writing the letter in which he threatened self
destruction and then in waiting for the
shades of night in order to make his
".
White was SO willing to return to Washington
upon being arrested in the west that as soon
as he was able to secure bondsman he skipped
ont for the west again. MIR. Clagett closed his
address by maintaining that the defendant at
the bar was as smart as lie was handsome as
shrewd as he was fascinating and that the
charge Of forgery had been proved against him
beyond all reasonable doubt.
MR.. FRENCH FOR THE DEFENSE
Mr.. Clagett occupied about an hour in the
opening address and upon its conclusion Mr..
French arose at once to reply. He said, in be-
ginning, that he hal not asked for any sympa-
thy, as NJ. Claget. had implied; he was willing
to try the cas- solely upon its merits In a
case of murder when it is proved that the
defendant has not committed murder. though
he may have committed some other
crime, the prosecution should not claim a YER
dict OF guilty. SO when the charge is forgery
and 1t is proved that no real forgery was COM
mitted though the defendant himself admits
upon the stand that he has been guilty of some
other ofense he should not be convicted of
forgery.
When White signed Albrees and Corning's
names upon the checks Mr. French maintained
there was no attempt to initiate their hand
writing, as the checks themselves would show
White simply trying tC raise some money
with which to run the office during his en-
ployers absence. The boy had done
what he honestly believed he had a right to do
In depositing the checks to his own credit he
did no more than one would have expected for
if he had placed them to Mr. Ccrnings credit
he could not have drawn upon them as occa-
sion demanded.
No ATTEMPT TO INITIATE HANDWRITING.
Mr.. French gave the jury one of Mr. Corn
ing's letters that had been placed in evidence
in order to convince them that in placing
Cornings name to the check White had made
no attempt to initiate his handwriting.
There was no evidence whatever that
when the checks were deposited there
was an intention to defraud. yet such
an intent to defraud must exist at the time the
act is committed or it is not forgery. II some
other crime was committed 1t has nothing to
charges forgery
In closing his address Mr. French made an
earnest plea for young White and asked that
the jury weigh the evidence very carefully be-
fore they convicted him OF the serious charge
of forgery at the very beginning of his career.
Mr. French then read the prayers for the de-
PENDANT, which had been allowed by the court.
They were three liz number The first was to
the effect that if the jury believed that White
wrote the names on the cheek with no intent
to defraud they must acqut The .tent to
defraud must have existed at the time OF
indorsing the checks even though the defend
ant afterward Incorporated the money. The
third PRAYER to the effect that If the jury
believed that the defendant, acted without
authority but on fair ground ::of reason. and