The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-17
WITHERS ON THE STAND.
THE NAV WHO WAS BUNCOED TELLS
MS TALE or WOE.
Interesting Testlns ny In the Trial Of Par
ker, Smith and othors, the Gold
Brick Man. la Hesr.to.


~ at 10 o'clock. As soon as the court
was called 10 order, Mr. H. Nj. smith,
Jr.. FOR The prosecution. arose. and
made an open and most minute state
Incnt OF the case 10 the jury. He was
followed b. Mr.. Carter for the defence,
who said that he was surprised that the
Commonwealth had opened the case. and
he thought there must be something
strange IN it from this fact. He was
further surprised that the prosecution
had detailed the evidence which they
hoped TO prove
Air. Carter then went into an argument
on Mr.. Smiths statements, TO whlch the
latter objected. sayins that he deemed
Mr. Carriers remarks improper, ana Ju"sc
Mickham sustained tho objection
Mr. Carter closed his remarks by re-
fcrring 10 the fact that Parker was on
trial surrounded by host OF private
enemies. and he asked the jury 10 give
him q fair trial. and If the prosecution
failed to prove their statements beyond
reasonable doubt. to acquit him.
At the conclusion Of Mr.. Carriers re-
marks the witnesses were sworn in. and
MIR A. W. Withers was introduced, and
asked AS TO the circumstances under
which the fraud was pracuced upon him
wIrHERs OK THE STAND.
lie testified that a man met him az
the wharf near his home, early I'm Jan
fred Withers. When Informed by him
that he was. the stranger then said:
Il am looking for an older man by that
name-iny uncle" Al this point the
question was asked whether the prisoner
was the stranger. and when the witness
answered NO he was the man who rep
resented himself TO be the mine-oWner
from Arizona" thereupon the defence OBJ
tected 10 this line of testimony The
defence stated that they proposed 10 fol-
low n up with testimony showing con-
spiracy. and connect the prisoner with
the conspiracy. and that upon this as
surance 70 the Court, 1t was proper 10
lntrodue this testimony at this time.
The Court decided that II Was improper
al this time 10 use the admissions OF
All alleged co-conspirator until a case
oil conspiracy was made out
He told how the miner Williams came
10 his CWithcral home. and how he dis
closed the fact mat ;he poor Indian had
two gold bricks which he wished 10 dis
pose Of. The witness and Williams LEFT
Gloucester Thursday morning for Rich
mond. The witness testified 10 his meet
ing with Parker al Ford's Hotel where
he VAS stopping under the role OF a
United States assay er.
TN TxrREss AGfN1.
At ti.s juncture Mr. Andrew Welsh Of
the Southern afd Adams Express ccmpa-
ny was put upon the stand TO prove
tfat the gold bricks which Parker had
tested and found pure gold we're gotten
by him from the company's office. The
witness Identified Parker as the msn
who got the boxes from the express Of
fee he produced the shipping receipt
which Parker gave him. and also the
receipt which the prisoner signed IN TAX
ing the boxes away.
Here the boxes IN which the gold bricks
were shipped were brought into court
and Identified by Mr. Welsh as the same
that he gave to the prisoner.
Here Mi. Welsh was told to stand aside,
and Detective Tomlinson was put upon
the stand lie testified that on the ith
% January he was detailed uron the case
by Major Poe lie testified 10 the finding
Of the boxes In the woods, ir which the
gold bricks were shipped. Here map
Of Henu-o county was produced. and
81 was clonly proven that the transfer
of tho bricks took place I'm the county.
Sergeant Tomlnson testified that Park
or was stopping at Ford's Hotel in room
no. 1884 lie testified that he found seye-
raj satchels I'm the room. Here the de-
fence asked the witness If he himself
went into the room. lie replied No"
The defence then asked the witness If
he broke open the satchels, and he re-
piled Yes"
Here the defence objected 20 the wit
ness telling what was in the satchels on
the ground thdt Whtn the WithtSs bIohe
open the satchcls and took things from
them he had no warrant, and the de-
fence claimed that the Introduction of
the contents Of the satchels as evidence
In the case would make the prisoner
produce evidence against himself and
make him testify against himself and il
was therefore not proper evidence.
The prosecution claimed that Il was,
ard a not argument took place.
Judge Wipkham sent tho furV their
rooms and allowed both sides 10 argue
this point. over half an hour was taken
UP In the argument of this point
The Court decided that the witness
could not go through tho prisoners ef-
fects with drag-net for evidence, hut
that the instruments with which a crime
is committed DO not come under that
clause OF the Constitution raised by the
defence. and therefore il was proper 10
admit this testimony.
An OBJECTION
The defence objected to the ruling of
the Court. and rendered their bin OF
exceptions which the Court signed
The jury were again brought in. and
the examination of the witness contiu-
ucd
Sergeant TOmllnsOn testified 90 finding
the Indian mask In the satchels also
the acids for testing metals. and a GER
tihcatc signed by W. w. Window. Sec
ltiafA OF the treasury ctfilAlnE tlat
Thomas N. Parker was duly appointed
assayer of minerals for the United States
mints
AIR Withcrs was replaced on the stand.
lie identified the certificate and said he
did not get close enough to the Indian
TO Identity the mask.
Al this point the Commonwealth sub
mitted that a prima facie case had been
made out and that 10 was proper under
the ruling Of tho Court at this point to
prove conspiracy. OF give statements made
10 him (Withersl by the man who frst
called upon him. Tho defence stated
they had no objection 10 the witness tes-
trying 10 his conversation with the
stranger.
Mr Withers then detailed. with care
fui minutcncss, the romantic story told
him by the man Williams. IL was
more like some fascinating chapter Of
fiction than anything that happens in real
life.
The witness told OF how Parker tested
the gold hlings in his room at Ford's
Hotel. Withers and Williams the miner,
we're both present when the test was
made. Parker found the gold filings TO
he OF the very best quality. IS karats fine.
and he was so anxious TO have them that
nc purchased them from Williams Civ
ing him hve-doliar sold piece With
ers testified that ne and Parker had a
long talk about mining engineering.
He then told how he drove with VIII