The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-16


it as s1s2. SCI. instead of $4,000. as given
by the witness in his former testimony.
The appraisement was then introduced as a
Call the first witness for the defense
said Judge Baker again.
Mr.. Duncan-We have q motion 70 ne be-
fore we can any witness. u..a 20
The defense then filed a motion TO com-
pei the government to elect, under the gen
government will depend upon for a convic-
ton. The motion was as follows:
1.-THE defendants and each of them sew
orally move the court 10 require the gov
eminent TO elect and specify the particular
transaction in each OF the general counts
In the Indictment M t,i In this ease Counts 10 "ii i;nc ine
sive, upon which Ii relies as q substantive
charge, and upon which it will claim a
conviction of the defendants, or either or
them, said election TO be made before the
evidence on the behalf of the defendants is
commenced. to the end that, they and each
of them may know TO what particular
charge in each count their evidence is re-
CURED to be addressed"
With the motion was filed a separate
brief by each OF the defendants, setting
forth. the reasons upon which the motion
was based. The briefs cited decisions mold
ing that where more than one distinct Of
Tense was charged in a single count the
jury must find the defendants guilty OF All
or none.
The motion was overruled by Judge Baker
and in overruling it he said he thought it
Should have been made at the beginning
Of the trial. The defense took exceptions
Miller asked what time they would have
to prepare a bill of exceptions.
During the trial" was the response.
THANK you for the courtesy answered
Mr.. Miller.
Harvey Holiday, bookkeeper for the re-
ceiver of the cabinet company. was the
first witness called for the defense. He was
handed a paper by Mr.. Duncan and said
it was a statement of the accounts due the
cabinet company on Aug. Z, 1893. This COM
pleted the examination, and he was not
cross-examined.
NJ. d. Talcott was next called by Mr..
Duncan. He resides in Chicago, and is Sec
rotary and treasurer of the National Furni-
ture Dealers Association. which issues the
Blue Book of the furniture trade, giving
the cabinet company's debtors on open &C
count, under date of Aug. Z, had been SUBJ
mitted to him by the defense, and he said
he had gone through the list of debtors.
amounting to ~Ss,522.5S and those of which
he knew nothing amounting to s2,4f0.46. On
cross-examination he said he had been sec
rotary of the furniture association for TWEEN
ty-one years. He did not remember the
standing of the cabinet company nor any
of the various branch concerns of the cab
met company.
Spencer Lloyd was then called by the de-
Tense. He resides at Y Talbot avenue, and
was in the employ of the cabinet company
for seven years. He was handed an in
which he identified, and said he made the
entries on the book when he took the ac-
count of stock in the lumber yard during
last July. The invoicing occupied about
seven days. He said everything that was
recorded in the book was in the yard at the
time.
Albert B.. Willard, residing at 20 West
Twelfth street, was called. He has resided
in the city for sixty years, and was en-
ployed as store keeper by the cabinet COM
PAM and took the inventory of the store
room stock in July last, and identified the
inventory book made by him.
Nrnno Ill ruhn ryn1 nln hty tho
cabinet company. identified a part of the
inventory of the supply room and outer Of
flee, which was made by him.
O. NJ. Murphy, councilman from the First
ward, said he had resided here since 1850,
and was employed by the cabinet company
for about thirteen years, and was assist
ant to the superintendent during last July.
He identified the inventory book of the sup
ply room, and said he made a part of IL,
and identified the parts made by him. There
We're a large number OF Wooten desks, val
ued at about 81, W0, on hand at the time
of taking the inventory, and about $4,000
worth of the United States Office Furniture
Company's wares We're also on hand. He
said he was acquainted with the value of
the real estate in the vicinity of the cabi-
net company's plant, and thought the real
6 5000.
some surprise.
yes. SIR" answered the witness.
By Mr.. Duncan-There will be others here
to testify that the real estate was worth
that amount, Mr. Kern.
The patents issued to the company or ac-
quired by it were then handed the witness,
and he identified them as upon goods which
the cabinet company manufactured, and the
witness was then passed to cross-examina-
ton by Mr.. Burke. In answer to questions
by the district attorney, he said his duties
as assistant superintendent consisted chiefly
In looking after the stock. both manufac-
tured and in procesS-of manufacture. He
had purchased real estate about a half mile
northeast Of the cabinet company, and
thought the cabinet company's real estate
was worth SIC, 900 an acre.
By Mr.. Burke-It would bring that in the
Indianapolis market, would it?
| WitneSSI don't know.
The witness said he did not know the
value Of the patents shown him. The wit
ness was then excused and the court adj
journed till this morning.
1t is not what its proprietors say, but what
Hoods Sarsaparilla does, that tells the