The herald., 1893-10-19
ARTHUR STEWARDS HEARING,
The Street superintendent
Deputy in Court.
The Complaint Apparently to Be
Attacked on a Technically.
Mr.. Watson Tells About the Money
That Was in the ONCE safe-Mr.
Hoppsrstcad's Testirnony-fhe
Case Continued.


tice A1stin's court yesterday for his
preliminary examination upon charge
Of embezzling the city funds, but few
people were present, and Stewart was
even denied the satisfaction of creating
any greater sensation tran is usually
caused by any ordinary every day
burglar or petty larcenist.
Young Stewart was apparently in the
best health and spirits. n
u cracked q joke with hislattendant
deputy sheriff, nodded to the one or two
OF his acquaintance present, and after
receiving their somewhat nervous recog-
milton, sat down by Attorney McLach-
Ian and waited for the hearing to pro-
coed.
From the start it was evident that
McLachlan's defense would consist of
an endeavor TO prove p It on the day
Stewart absconded, he did 30 without
abstracting any money whatever.
( The complaint states that the alleged
EN- mbezzlement was committed upon the
18th nj September, the day the deputy
skipped.
Street Superintendent Watson was
put upon the stand and subjected to q
rigid cross-cxamination by Attorney
McLachlan, who endeavored to prove by
the witness that there was no money to
any great amount received in the Office
on the 18th.
Mr.. Watson, however. stated that he
knew there was quantity OF money in
the vault, having seen Stewart counting
it during the afternoon.
Mr.. McLachIan asked the witness if
the money he had seen might not have
been a sum entrusted to Stewart for safe
keeping by friend during the day.
TT is not impossible" answered Mr..
Watson. This was the best the defense
could do. Mr.. Watson intimated that
he was morally sure the money he had
seen was city funds, and added that
there must have been about 5000. Stew
art had entire control of all moneys re-
ceived in the office, and was the only
person having access to such moneys.
About 1890 was miseing. He had
received only $3.50, which amount was
taken from Stewards person after his
arrest.
L. NJ. Brown was called next, and tes-
tilted to Stewart taking the oath of Of
fee.
Arthur Davis, accountant. stated that
be examined the books of the street
superintendent's Office and discovered
large shortage. He spoke to Stewart
about it, and was told he was mistaken.
A. W. Hopperstead took the stand
then and was shown letter bearing
Stewards signature, in which the writer
asked Hopperatead to inform Stewards
mother that he, Stewart, was about to
leave town. Hopperstead was asked to
identity the handwriting. The witness
was evidently not at ease, and was or
dered by Justice Austin to speak more
audibly. Hopperstead played nervouBly
with his fingers, and stated that he did
not recognize the handwriting as that
OF Stewart.
"Did you carry out the wishes of the
writer of the letter?'' inquired Justice
Austin.
II did,"
! "You believed it to be Stewards
handwriting then? ?"
II did, SIR"
That settled Hoppestead, and with
smile at Stewart the witness left the
stand.
Detective Auble was then called. The
detective testified to arresting Stewart
in Ell oaso and bringing him back.
On the road to Los Angeles the de-
fendant stated that the trouble had hap
pened through too much good nature.
Men in the Office and other friends were
in the habit of dropping in to borrow
money, and he (Stewart) obliged them
from the city money.
Auble stated that Stewart accused
Chief Knox of Ell Paso of having re-
tanned over $500 of the money Stewart
had upon him. Stewart told the wit
ness that Knox took $607.50 from him,
and the witnesu added that Knox only
turned over $3.50.
The examination was not concluded
at the rising OF the court, and was con-
tinued until this morning.