Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-09-22

The names Of forty-one persons were
read and called as witnesses for the defense
and those who responded were sworn in
body before the railing. e. 9l'ssst -. -.
Reuben AcElvaIn was the first witness
called for the defense. He was Clerk OF
Courts from June, S5 to Jan, 81, the
costs were filed in that office and certlhed
to the County Commissioners; the costa IN
a case are certified together as far as pos
sible but are sometimes scattered.
Mrs. Dermody was called but not ques-
toned.
John c. Kelly, sworn-Am defendant IN |
this case, am 53 years of age, live in But
Ter twp. has wife and family, was elect
ed Co. Commissioner in 1884, qualified tirst |
Monday of January, 1885; re elected IN |
1887 ard qualified first Monday of January |
1888; on the various dates (as set forth IN
the 1ndictment) he issued the warrants for
the sums mentioned to the parties men
toned, and wrote Duncan and McDonald,s
names on them, according to understand
ing to that effect when the Board organlz-
ed; believed he had the right to sign their
names: Mcdonald was absent Saturday ev-
enings had seen Duncan sign Mcdonald
name: signed McDonald's name because
he was not there; signed the warrants on
different days of the week and sometimes
| in office when others were not there; the
warrants were not signed before or after
Office hours to his knowledge; warrant NO.
21SO was to John Shaffer-and it is to be
presumed the amount was due hlm-lt was
presumed by Shaffer-he didn't know that
| Shaffer was not there, nor that he (helly)
| got the money on the warrant or tnat noln-
| ing was due Shaffer 1t looked as though
| there was money coming to McElroy, NC
| Elroy was present when the order was
drawn: John Hamil said there was money
| due him. In answer to the question py
| Mr.. Goucher. as to whether or no he was
| in the habit of drawing warrants on the
say-so of parties or his presumption. ne al,
| swered that parties came to MIN ana
claimed costs, he didn't see the costs on
| record; wasn't in the habit OF dong TINS;
| narties said costs coming to them all right
and he goes and draws warrants; he draw
| ed these warrants on the presumption that
| these men had costs; he thought there was
| costs coming to Leber and dld not hno"
| as a matter of fact that there was not; Lee
| her called for his costs, couldn't ind Reeds
| costs but still drew warrant for him; par.
| ties claimed to have costs due them ana
| needed it: costs were paid as per record;
| Hutchison hardly ever signed warrants; ne
| (Kellyl resigned as Co. Com. after tnls
| trouble this was in answer 10 MI uoucu-
tr's question as whether he did not resign
after beng confronted with these lrregu-
| larities); he signed these warrants III the
| Commissioners office.
Several well known citizens OF the toWn
| and county then testified as to Kelly ) rep
utation for honesty before TINS troupie;
thongh some of them had heard of the du-
plicate affair and the defense rested. quite
a number of persons who were called up to
| the bar and sworn as witnesses were not
called upon to testify.
Enos Mcdonald was recalled and stated
| that he generally left the office at P. IN.
on Saturday, 6 p. m. other days, ana tlat
Kelly generally got to the office after ne
| did.
/. Thompson, of the defense, read dozen
points as what constitutes forgery, the IN
| fiuerce of previous good character, etc.,
some of which were affirmed by the Court
and some refused.
Dist. Atty McJunkin then went TO th
| jury and gave history of the case, ana
thought that as there was no defense tne
| iury could not but find verdict OF guilty
as indicted.
Col. Thompson thought the defense had
made out complete defense; said there
no evidence that Kelly presented these
warrants to-the Co. Treasurer; that Kelly
was an accommodating man; that he PAID
| the money back because he had made
| mistake. and not because he got it; and
| left the case with the jury conhdent OF an
acquittal.
Mr.. McQuistion felt safe in coming be-
| fore this jury, and confident OF receiving
Justice; thought the prosecution was IN,
stituted by bad motives and malice; said
Kelly owns two or three farms and would
not stoop to stealing small amounts; these
warrants were all signed on Saturdays;
Kelly was surrounded by a den OF rattle
snakes ready to bite him; it was unpleas-
| ant for him to do business there and so
he resigned: he was arrested by the same
rattlesn axes for changing the duplicates;
he was thorn in their side; the parties
NAV have lied to Kelly and he made. good
his mi stakes by returning the money ana
getting away from the class that surround
| ed him; it was groundless, mallcions, cow
ardly prosecut on, and Mcdonald should pay
the costs; Kelly was worth @zo,oVo' cash'
the men who wanted him out OF the once
were stinging him at every opportunity
etc.
Mr.. Robinson, for the prosecution,
thought it was easy to throw mud,
that when wrong was to be right-
ed somebody had to take the lead;
explained the method of paying Common
wealth costs. said that Kelly had had four
wears to produce John Shaffer and these
other men and show where these costs be
longed; Kelly may have been good man
at one time but not since he has been
prowling around the Commissioner once
issuing such warrants as these, ETC.:
The speeches being ended, MISS flndley
stenographer, took seat at the taoIe oi
the defense, and as this is unusual, Judge
Greer remarked upon it, and was informed
by the counsel for the defense that 1t
meant no distrust of him, but was Tor their
own convenience.
Judge Gree in his charge gave some
legal definitions of forgery, said the Com
mon veal tn must make out case beyond
a reasonable doubt, said there must be in
tent to defraud, that the whole essence OF
the case was in Kelly's intentions; that
Duncan could not give Kelly the right to
sign his name to commit a crime; quoted
from the Supreme Court as to the effect OF
previous good character, etc.
The defense objected to the dockets be-
ing sent out with the jury, and they were
returned.
The case went to the jury at p. m,
Monday; the jury had not agreed at 10 P.
m; their suppers were sent to them, they
slept that night on the floor of the jury
room; came into Court next morning at
$50 and said they could not agree; were
sent back, and came in again at 2:30 p. m.
and again said it was impossible for them
to agree. The foreman said that there
were no hopes of their agreeing and that
they had not changed since their first vote,
where upon the Court dismissed them with
an extra days pay for being out all night.
The jury stood 9 to 3, in favor OF convle-
ton, and agreed among themselves not to
tell who favored conviction and who favor
ed acqui, tai, but it is confidently asserted
that McCafferty, Madison and Jas b. Mil
Ter are the three who favored acqulttal
The case will have to be retired, and
probably will be at December term.
THE PERJURY CASE.
Tuesday morning, Kelly's counsel made
an effort to have the bill of indictment
for perjury quashed on the ground that
one of the Counts specified acts committed
at six different times, and other errors.
Thompson and McQuistion made long ar
guments in support of this and the Court
said be would consider this motion. Then
both sides agreed to continue the perjury
case, and it was continued till December
Term.
Three negroes were lynched in Louisiana
last Saturday for refusing to betrsy a
brother who killed a Judge.
Petrolia Items.
G. Il. Flemin g, son of Squire Fleming,
vlsatd has