Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-04-17

ton he said Mrs. Kelly did not sign her
name, but she signed VIM. Kelly. That it
was mis- instructions to deliver registered
mail to either the husband or wife. The
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 a letter about the 10Th of
December to VIM. Kelly, Grand Forks, n.
d., containing three >i2O bills, one $40 bill
and a SIS bill. Mr.. Mediation said he never
saw the letter after mailing it.
VIM. Kelly of Grand Forks was the next
witness sworn. Hs said Mr.. McMahon
owed him, but he never received a letter
nor any money from him.
Z. l.. Wayland. pOstotiice INSPECTOR. was
next sworn. He testified that in company
Of the city Of Grand FORKS 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 HIM IA registered letter, which he
looked at but did not open. He gave the
letter back to his wife aud told her to take
it to the postot1ice, as it did not belong to
him. Ike said all his business letters at
that time came addressed to VIM. j. Kelly,
as he had some trouble with his mail. Mrs.
Kelly was present during this cUnversa-
ton.
Y. w: llennessy was sworn and suhstan-
tiated Mr.. Wayland's testimony.
Ole Thompson: 81 am register and drliv-
cry clerk at the Grand FORKS office. |
gave the letter in question to. Mr.. Alex
ander. | never saw theIlettGE after.'
M. N. Shaw, assistant postmaster, Wa
sworn; but his evidence a OF little value.
lie had never seen the registered letter
in question. lie said he sorted and took
care pf all fhn nufUninv mail nrdl &c tbn
letter had been dropped back in the office,
he would certainly have seen it.
AT this point IN the proceedings Mr..
I1anitch said he would put both the de-
PENDANT and his wife on the stand as wit
neSSeS.
The defendant on the stand swore he
never saw the letter but once, and that
was when his wife gave it to him. lie
gave it back as soon as he saw the adj
dress and told her he did not think il
was his. All he told her was to take it
back to the postOflice.
Mrs. Kelly: ut was sometime about
noon when the letter carrier made the de-
livery at my house. took the letter and
gave a receipt for the same, when my hus-
band came home about 2 O'Clock | gave the
letter to him. He gave it back to me and
told me to take it back to the postof1ice.
lie said it was not his. She went down in
the evening between 8 and 9 O'clock and
the postot1ice was closed, She did moi
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 a thing could happen.
The prosecution and defendant both
rested. Attorneys decided to give tho ease
to the jury without argument, The Judge
addressed the jury and retired.
At las This morning tie Jury came in
and announced that they had found a vey.
diet of urultv.