The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1891-04-18

the grand jury. The judge fixed the fine
at $50 which the defendant paid and the
defendant was discharged. In the con-
tempt proceedings against Herbert Men
dorf, NJ. BocE and kiley of Grafton for
not appearing in accordance to subpoen-
aes the proceedings were dismissed.
All the Fulton cases, which pertain
to the Casselton postoftice, were con-
tinued.
AT the afternoon session the case of
United States against VIM. Kelly was
taken up. The defendant was arraigned
and the clerk administered the oath to the
jury. Mr.. Selby, United States attorney
addressed the jury, defining their duty in
case about to be tried. Mr.. Hanitch ap-
peared for the defendant aud questioned
the jury and satisfied himself that all the
jurymen then sitting were competent to
try the case.
Geo. w. Alexander was first sworn and
testified as follows: 81 am delivery clerk
in the U. 5. mail service at Grand Forks.
On the 22nd day of December, 1890, l de-
iivered registered letter to one Vim. Kel-
ly, living at 520 Fourth street. Grand Forks,
bearing the postmark of Ardoch. N. ID.
delivered the letter to Mrs. WIN. Kelly and
she signed my register book and gave me a
receipt for the same. On cross eXamina-
tiOn he said Mrs. Kelly did not sign her
name, but she signed VIM. Kelly. That it
was his instructions to deliver registered
register book was introduced as evidence
and Mrs. Kelly said the signature shown
on December 22d was the one she gave for
the letter.
Patrick McMahon of Ardoch was sworn
and said he sent letter about the 2Oth of
December to VIM. Kelly, Grand Forks, N.
d., containing three $50 bills, one $40 bill
and SIS bill. MIR. McAlahon said he never
saw the letter after mailing it.
VIM. Kelly of Grand Forks was the next
witness sworn. He said MIR. Mcmahon
owed him, but he never received letter
nor any money from him.
e. l.. Waylamd. pOstOtfice inspector, was
next mex, sworn. lie testified that in company
of with tns chief stv Of Of fahs Police HHennessey He
visited the defendant on the
9th day of February, 1891. Mr. Kelly told
them at that time. when he came home to
dinner the 22nd of December last. his wife
gave hlm a registered letter, which lie
looked at but did not open. He gave the
it to the pOstoilice, as it did not belong to
him. He said all his business letters Mt
that time came addressed to VIM. j. Kelly,
as he had some trouble with his mail. Mrs.
Kelly was present during this cOnversa-
ton.
+. w. Hennessy was sworn and substan-
tiated MIR. Wayland's testimony.
Ole Thompson: 81 am register and deliv-
cry clerk at the Grand Forks office. l
gave the letter i'll question to MIR. Alex
ander. never saw thesletter after"
NJ. N. Shaw, assistant postmaster, was
sworn; but his evidence was of little value.
de had never seen the registered letter
i'll question. He said he sorted and took
care OF all the outgoing mail, and il the
letter had been dropped back in the office,
he would certainly have seen it.
AT this point Ill the proceedings Mr..
llanitch said he would put both the de.
fendant and his wife on the stand as wit
nesSeS.
The defendant on the stand swore he
was when his wife gave it to him. He
gave it back as soon as he saw the ad
dress and told her he did not think il
was his. All he told her was to take it
back to the postotfice.
| Mrs. Kelly: ait was sometime about
noon when the letter carrier made the de-
livery at my house. l took the letter and
band came home about 2 O'clock gave the
letter to him. He gave it back to nc and
told me to take it back to the postof1ice.
He said it was not his. She went down in
the evening between 8 and 8 o'clock and
the postoffice was closed. She did not
know she ought to get her receipt back, and
dropped the letter in the Office. She never
saw the letter after.
Mr.. Shaw was recalled and questioned
by Juror Kennedy.
q. Could a letter get through the post
office without being stamped by your
stamp?
A. Such thing could happen.
rested. Attorneys decided to give the case
to the jury without argument, The judge
addressed the jury and retired.
| At 145 this morning the jury came in
and announced that they had found YER
dict of guilty.