The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-03-31


The case of Edward f. Kelly, charged
with embezzling S1O6 from T. Francis
Barrett, was heard by Judge Williams
yesterday.
The defendent was represented by
Mr. Northrope. Judge Yarrell and Mr..
Parker conducted the prosecution.
The magistrate asked, in order to SIM
plify the case, that the attorneys on each
side state what they expected to prove.
Mr.. Parker explained the status of
the case in brief, say ing that Kelly had
been employed by the firm he repl O.
sented as an agent and bookkeeper. lie
had not been dutiful and honest in the
conduct of his business. He had col
lected money and appropriated it to his
own use without the consent of Mr.. Bar
rett.
Mr.. Northrope said that Mr.. Kelly
had been employed by Barrett at S75 a
month. lie had been trying to get his
salary the best way he could. He had
not credited money to himself without
the consent of Barrett.
A plea of not guilty was entered, and
Mr.. Barrett said Kelly had been en-
ployed by him since February 3. Ho
was engaged to sell lumber and to
transact such other business as might
be required of him. About the last of
February he came to his Office and said
they might as we'll settle up. He was
under the influence of liquor. He de-
manded his salary, saying he was going
to quit. Jarrett said he had paid him
$40 and given check for $50 to pay his
board, besides advancing him money at
other times.
He met Kelly on the street again and
engaged him for $50 a month. He went
to work, but two weeks later he came
into his Office while intoxicated and pre-
sentcd bill for $500, claiming damages
for losing his position in Baltimore
and also for future salary. They had
hot words, and Kelly threatened to have
him arrested for opening letter address
sed to him. Kelly then Gained down
and went to work again. Last Friday
he was informed by Kelly that he had
sold paint valued at $3.50 which
he kelly had charged to himself. He
told him that was all right, but was as
tonished a few minutes later when
Kelly informed him that he made an
other sale amounting to 500 which he
also charged to himself
Barrett said he then demanded a set
Element, and told Kelly If he would paw
the balance of S22 he would be all right.
This he refused, and he had him arrested
Mr.. Kelly testified to his connection
with Barrett, and said he had been try
ing to get his salary for some time. He
had been paid in small amounts, and on
one occasion was given a check to pay
N hro nd inh 49,, ID Il
bank several times before it was cashed.
He obtained Barrett's consent to charge
the $3.50 to himself. The S92 was for
paints and oils which he charged to him
self and placed in the cellar.
MIR. Barrett then said that he had
never given any bookkeeper permission
to charge money to himself.
The books were produced and showed
an account made out by Kelly, which
stood S22 S5 in Barretts favor up to
April LIST.
Mr. Kelly said that Barrett had solic-
tied him to say nothing about tho trans
action at first and to try and pay up. If
he instituted legal proceedings he
(kelly) might let out something which
should not be known by the public.
Barrett alleged that Kelly wanted to
compromise the matter, but he refused
him.
Messrs. Hudson, Ginnis and Watts
conversation between Barrett and Kelly
about the transaction, in which Barrett
admitted that it was all right.
Barrett was recalled and said he knew
nothing of the goods being in the cellar.
He thought they had been sent out.
Mr.. Kelly endeavored to establish the
fact that the entries on the books were
made with Barrett's consent. He said
he had been wronged by Barrett. who
wished now to show that his salary had
been reduced to $50, when there was a
contract that it was to be S75 month.
AT the conclusion of the testimony
Judge Williams said that he would post
pone the case until to-day. He wished
to inform himself. Itwas complicated
question. He would then hear the ar
gument by the counsel as to what con-
stituted embezzlement. In this case he
was not quite satisfied.
Special Council Meeting Tonight.
There will be special meeting of
the Council this evening to hear report
from the special committee on street
improvements. Tho committee is com
posed OF Messrs. Skinker, Mcconnell
and Sheehan, and was appointed to in
quire into and make report as to the
best material to be used in improving
the stieess with the S15O,OOO recently
voted for that purpose. Tho school
board will also make report to the
Council making recommendations for
the spending Of the $4,000 recently
voted for school purposes.
The public property committee will
also make report making recommends