Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-05
h SEALED VERDICT.
The Jury in the Hastings
Trial Takes Over an Hour
to Make a Decision.
TO BE ANNOUNCED TO-DAY.
Eloquent Addresses By Both Prose-
cutl0n and Defense.
ADMISSIONS OF INCOMPETENCE
Form the Principal Basis of Hope for the
Accused Clerk.
TESTERDAYS HAPPENINGS In COURT
TO BE ANNOUNCED TO-DAY.
ADMISSIONS OF INCOMPETENCE
Form the Principal Basis of Hope for the
Accused Clerk.
YESTERDAYS HAPPENINGS In COURT

The fate of Market Clerk Hastings, OF
Allegheny, will be settled this morning.
The continuation of his trial took up all OF
Yesterday in Judge Porter's court. 1t was
o'clock when the case was concluded and
the Jury retired. The Court waited an
hour for the verdict and then adjourned.
Ten minutes later the jury agreed on ver-
dict, which was sealed, awaiting the open
ing of court this morning.
What the decision is nobody outside of
the jury can tell The defense bases its
hope for acquittal on Mr.. Hastings admis-
sion of carelessness aud incapacitv to fill the
position. Unlike the day before the court
room was crowded with spectators Mem
bers of the Auditing Committee were pres
ant part of the day as interested onlookers.
They took no part in the trial Ex-Mayor
Pearson came in during the latter part of
the trial. His case was expected to come
up during the afternoon, but did not. The
ex-Mayor did not appear like one on the
verge of trial for embezzlement. He looked
bright and cheerful as he shook hands with
numerous friends.
Claims of the Defense.
The Commonwealth rested early in the
dav, after recalling a number of witnesses
10 identify checks and other documents sub
mitted the previous day. Attorney Scan
drett opened for the defense. He admitted
Mr. Hastings had been careless, but claimed
that every dollar collected had been paid
into the City Treasury, and because
some Of it had been paid in without record
it gave the Auditing Committee the grounds
for believing he had misappropriated public
money. Although he had held the position
for 20 years he was probably unit for its
duties. He made out receipts and took them
to some men for rent, and many OF them
never paid. The receipts would get lost, but
on the stubbook was found record of re-
ceipts for money he never received.
The defendant was then put on the stand.
His examination continued over an hour
He related his experience as Market Clerk
since 1878. He told how he would fill out 40
or so receipts and take them out to collect.
Those he could n OF collect on he destroyed.
He never knowingly appropriated money
belonging to the city to his own use He
claimed at first never to have received
ledger, but on cross-eIamination, after
growing considerably confused, he admitted
that he had received one, but no one ever
gave him instructions how 70 use it. On
cross-examination he could not identify
single name on the stub book from whom
he had failed to collect rent.
Omitted Some, but Not All.
Attorney Patterson-Did you put down all :
moneys received in your cash book?
Mr. Hastings-I may have omitted some
but not l03 accounts in two years.
Mr. Patterson-Well, that is what is shown
by your sworn statements to the Controller
and your stub book.
About score Of character witnesses in
cluding ex-Postmaster John A Myler, d. M.
Aston, John Aiken, Louis Walton and other
business men, were called in the interest of
the defendant, and the defense rested. After
a few witnesses in rebuttal. from whom
nothing Of importance was secured, the
court took a recess. The afternoon was de-
voted TO the attorneys, argupents to the
jury. Attorney Marshall, for the defense,
made the first speech. He said
"There can be no crime without criminal
ofense or in other words, no criminal with
out criminal intent In this indictment
Mr.. Hastings is charged with fraudulent
Fraud implies a criminal
intent. A child cannot commit murder be-
cause the mind of the child did not commit
murder. The clerk of the Allegheny Markets
ought to be a bookkeeper, and he ought to
know the law that governs his business.
Seventeen years ago they took David Hast
ings from his journeyman carpenter work,
and they gave him book and made him a
Market Clerk. What do they do with him?
Nothing! They let him alone. They knew
for IL years he wasn't keeping his accounts
like professional accountant They let
pie way. Suddenly they want to tell him
he's an embeZzler.
Guilty of Neglect Only.
"I know that the logic of figures is little
against us, but did that poor ignorant man
steal? Never believe it. He is guilty of
gross neglect. But if he is convicted, who
suffers? Allegheny doesn't. He has bond
that pays the money"
Attorney E1phinstone, for the prosecution
made a lengthy speech. He said: "The
necessities of communities require that faith
shall be placed in officials. Public property
must be protected and public funds in
trusted to the safe keeping of public officers.
When public servant steals public money
his breach of faith is more heinous than his |
theft. The thief who steals your property |
betravs no trust but there is something
Of Judas 1scariot in the embezzle- |
meut of money placed into a mans |
care by virtue of a trust in him reposed. The |
servant of the people of Allegheny. They |
took him from the workshop and elevated |
him from obscurity to place Of honor and |
profit; entrusted him with the collection of |
their money. While the people were thus |
honoring him with their confidence he was |
plundering the treasury and swearing to |
false returns to hide his defalcations.
''They trusted him SO much that for long
period of years his accounts were never /
audited. Meanwhile he kept up a systematic |
course of stealing. Is it strange then that |
outraged community should rise in right |
eous indignation and invoke the strong arm |
Of the law?
The Taxpayers Matter.
behind this prosecution there is neither |
malice nor desire for revenge. Controller |
Brown is not the prosecutor here, it is the |
people of Allegheny-the taxpayers-who |
nave had their purses rified, who ask justice |
It your hands"
After commenting in graphic manner on |
he defendants actions in court which he !!
said were those of a man ashamed of his /
he closed
Judge Porter's charge occupied nearly /
lalf an hour. He simply explained the four /
counts of the Indictment; instructed the |
ury on the law, reviewed the evidence and \
iehned the different verdicts that might be |
'endered. In commenting on Hastings ad-
nitted carelessness, the Court said that no /
natter how loose had been the bookkeep-
ng, If the jury found that he had collected |
Jublic funds with fraudulent intentions the |
-erdict should be guilty. The jury then re-
ired.
To-Dsy's Trial Lists
Common Pleas No. l-Legge VS. Citizcns'
Traction Company; Googins VS. Lincoln
demoriai Cemetery Company; Murray VS.
ity of Pittsburg; Gallagher VS. Citizens,
traction Company: Derrer VS. Montgomery.
Common Pleas No. 2-McElroy VS. Reed: