Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-06-04
THG CASE CLOSED.
ALL The EVIDENCE ADDUGED IN THE
EMBEZZLENENT CASE.
The Defendant on the Stand Good Part Of Ysstsr-
day--Soms Very Interesting Testimony
Mcrs Squabblss Between Counsel
aad Another Fine


at once with his address TO the jury.
Counsel for defense will speak an hour
each this morning, and COL White will
then close for the State, thus giving the
case to the jury at noon to-day.
The first witness called yesterday
morning was Mr.. LETTERS, who, among
other things, showed that three five
hundred dollar packages of money could
be placed in one OF the Express Company
envelopes, and still the bulk would not
be so great but that the seals could be
attached properly.
G.. f. Howard, the present cashier at
the express Office, who succeeded Eacer'
testified that the safe and vault was
generally kept locked. II was only
Ouen on the occasion Of the visit OF the
Jury 10 allow them 10 have a view OF
the inside.
The State here rested its case In
chief. and Henry Sturgeon was called
by the defense, be being called TO con-
tradict the evidence Of Ed. tltzsim-
mons. Counsel for the State endeayored
10 show from witness some Of the per-
sonal habits OF Eader, but counsel for
the defense objected, and were suS-
tanned.
Capt. Jack Merrlman was called as
an expert 70 show that the $500 pack
age could not have been distracted
from the envelope without breaking
more than two OF the three seals. Mr..
Howard gave the witness an envelope
sealed as the one in controversy had
been ana containing three packages OF
blotting paper, about as thick as the
average bank packages OF $500. He
asked the witness TO extract one OF the
three packages without breaking more
than the middle seal and one on one end.
CAPTAIN Dovener objected, and said the
thing had "all been fixed up"
MIR. Howard thought that remark
was an insinuation which the Cap
tain ought 10 withdraw. The Court
thought so, too. Capt. DOvener exam
ined the envelope a moment, and then
said he would not withdraw the express
sion, whereupon the Court directed that
q fine Of s. should be entered upagainst
the Captain. The Captain remarked
that be would pay it, and suited the
action to the word.
Edward O'Donnell was then called,
aud stated that he sometimes carried
express packages to the express office
from the cars.
Shortly after eleven o'clock the de-
PENDANT was placed on the stand. He
told OF the receipt OF the $1,000
package for Rev. Father McMenamin,
IL having been delivered to him
by Messenger Miller, January
10th, at p. m. Half an hour later,
after proper entry had been made, he
delivered the package the driver Parill.
The latter returned il about 4:30 in the
afternoon, not being able to find the
party 70 whom il was addressed. The
proper entry was made Of that, and the
package placed in the safe. The next
day il was entered In the ION hand
book, aud il was then placed in the
vault. A postal card was sent TO Rev.
Father McMenamin, and then in due
course Of time, Mr. He'll called for it.
Defendant denied emphatically that he
had tempered with the package In any
way.
AFTERNOON SESSION.
The defendant told in great detail the
story of his connection with the 81, 500
package addressed 70 Father McMena-
min, saying IL was in good condition
when it came into his hands, and he de-
livered il 70 Mr.. He'll, Father McMena-
minis messenger, In like good condition.
lie had said this TO MesSrs. Snyder and
Byrne. and to az others. He knew
nothing Of any Of the other
missing packages, or OF their being
missed, and the first he knew that they
were missed was in the opening state
ment Of Mr.. Howard, OF counsel for the
State, Ia the present trial He had no
knowledge whatever Of, these packages.
The defendant was then questioned at
length as 20 his interview with BYrne
and Snyder, at the Hotel Windsor, and
said, among other things, they QueS-
toned him about his personal habits
and expenSeS-as 20 whether he drank,
bought clothes, etc, whether be was
extravagant or not, whether or not he
received money from his home, and 50
on. They then visited the express office,
aud Mr.. Snyder and Mr.. Byrne made
an examination OF the safe and inside
vault, the latter being opened by the de-
PENDANT, who stood aside while the
others went through il. The next
morning, when he came TO the Office,
young Mr.. Snyder was at witness desk.
When he came in, Snyder asked defend
ant to give him his cash and his debts
and credits. He handed them over, and
then Snyder said he was wanted at the
hotel, by Snyder, ST., and Byrne, and 20
90 as quickly as he could. Defendant
said he went up at once. On another
occasion, when he was sent for 10 come
TO the hotel, DR.. Hammond got the COM
bnatiOn Of the vault FROM him, and
when be went away his vault was open.
He helped 20 check up the items before
he left. lie then went 10 the hotel,
where the examination was again re-
sumed. Defendant said he was repeat
edly told by Snyder aud Byrne that they
did not want him to take exception 70
the investigation, as he was not suS-
pected, etc. Defendant said he was
perfectly willing to give them all the
aid in his power. He then referred to
his private interview with Col. Byrne,
iu tho room at the Hotel Windsor when
defendant was accused Of taking the
$500 package, but was not allowed 10
repeat the conversation. When he was
accused defendant sent for Col. Snyder,
aud told him he had been accused by
Mr.. Byrne, that he was innocent OF IL,
that he had denied IL, and could not
possibly see how the charge could be
made. Snyder studied q moment, and
then said: 1T points that way" He
was told by both, II be would confess
the matter would be huShed up and
they would 90 70 defendants father, at
Eredarick Nd get the money from