Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-03-10
ALL TESTIMONY IN.
The Day Taken Up With Testi-
mony In the Alice Joy
Case.
The Defense Brings Up q Number
of Witnesses and Both Sides
Rest.
The Case Will Probably Be Given
to tho Jury Some Time
To-day.
Continuation Of the JOY Case

From Thursdays Daily.l
Promptly at 10 o'clock yesterday
morning the United States court CON
vened and the Joy ase was again taken
up. The prosecution called upon F.
F%ryckland, the stage driver, who was
stopped by the inspector when the decoy
letters were placed in the sack, and his
testimony wa a substantial corrobora.
ton of that of Clement and Wachter. No
material differences we're brought out by
the CROSS examination and the witness
was excused. Here the prosecution rested
its case and Mr.. Glaspell, for the defense,
moved the court to instruct the jury to
find for the defendant upon two grounds
first, that insufficient evidence had
been brought out by the prosecution to
establish the commission of any crime
by the defendant, and second, that the
two letters which had been placed in
the mail sack by the inspector
had not, by his own admission,
been intended to be delivered to the per-
sons to whom they we're addressed, but
were to have been intercepted by the in
spector, and we're not therefore, mail
matter proper, and their removal, if
such removal had been accomplished by
the defendant, did not constitute en-
bezzlement from the mails under the
statute. He cited authorities and quoted
decisions upon this point, but his motion
was denied by the court.
The defendant was then called, and
her testimony was a complete denial of
the accusations of the prosecution. She
had seen nothing Of any such letters as
we're described by the inspector, and no
such letters were in the mail sack when
1t was delivered to her by the carrier.
The court then took q recess until 2
o'clock, and the first witness for the de.
Tense, Mrs. Joy, the mother of the ac-
cused, was called. She described the
happenings Of the occasion, said that
the inspector had been excited and
clustering. That he had called the de.
PENDANT a liar and a thief, threatened her
with the ~penitentiary, and did various
other ungentlemanly things. She had
followed the inspector about when he
made his search OF the postofice, said
that he looked like a highway robber,
that he partly displayed a revolver UPON
n occasion, and tried to friehten all
who were present.
Geo. A. Joy, Jr., and Hiram A. Joy,
brothers of the accused, we're called and
testified. Nothing new was brought
out by their examination, except that the
latter swore that the lock on the mail
pouch in question bore evidences of hay-
ing been tempered with before it was
brought to the house.
George Hitchcock was called. tie had
been at the house on the day in ques-
ton. Was attracted to the interior Of
the house by noises and sounds of un-
usually loud talking, and had seen the
inspector and the others in the house
when he entered. Nothing unusual hap.
pened after he entered, and he remained
hardly more than q minute.
One Walker, who wa in the employ
Of Joy, was called, and testified that he
had been at the Joy residence upon the
day OF the alleged theft. He narrated
tho occurrences as he saw them. He
heard the inspector accuse the defendent
and call her "a thief, a liar and a robber.n
a great many times. Upon questioning
he swore it US his belief that these
eplthets had been used by the inspector
nearly a hundred times. Witness was