The Washington times., 1895-06-27
Sharp Words Between Counsel
in the DesmOnd-Auffort Trial.
MR.. BIRNEY TAKEN TO TASK
Accused of Having Mislead Counsel
for the Defense, but Denies the I'M
putation-Judge Cole Straightens
the Matter Out-Ferry Company's
Strong Boxes Found in the River.

AS foreshadowed by The Times there
was sharp interchange between counsel
when the Indictment against Desmond and
Auffort was called for trial before Judge
Cole yesterday.
Colonel William Cook led off with state
ment that Mr.. Birney had agreed to try
the indictments against Patterson, Wells
and Auffort during June. He had writ
ten to Mr.. Birney asking that q hearing
might be commenced on Wednesday, June
&c, of the Indictment No. 20. 300 against
Auffort for larceny" This last word
was typewriter's mistake for the word
arson" There was then no Indictment
against AuffoTt for larency, and Mr..
Birney knew that Col. Cooks firm was
not counsel in the case OF the Washington
Steamboat Company burglary.
Mr.. Birney had ostensibly agreed to
the request and yet, taking advantage of
the typewriter's slip, had surprised counsel
in both cases by suddenly causing new in
dictments to be returned in the burglary
cases and setting them for trial the day
after they Were returned Such action,
he said, was unfair, unjust and unbeconl-
ing" and he believed il was taken for
the purpose Of depriving the defense OF
the advantage of certain afridavits.
LIPSCoMB CORRoBORATES COOK.
Messrs. A. A. Lipscomb, Charles Bend
helm, and ex Congressman Turner were
present 10 represent the defense in the
two cases. Mr.. LipsComb immediately fol-
lowered Col. Cook. He represented Auffort
in the burglary case. He said he had exactly
the same understanding as Col. Cook and he
had been hard at work preparing for the
arson case and was not at all ready for
the burglary trial. Witnesses for the de-
fense necessary to the trial must be brought
from Ohio and Virginia. He asked for
a continuance till next fan
Judge Cole overruled the motion, and
Mr.. Lipscomb noted an exception.
Mr.. Birney explained that he had un-
derstood Mr.. Cook TO mean that the burg
larry case was the one the defense would
be ready for. He thought the number and
not the Word larceny" was the error.
There was nothing in the fact that new in
dictments had been obtained, except
that the men were now Jointly indicted
and could be tried together.
Mr. Lipscomb said be thought it a hard
ship on him. Because Col Cook fell
down." he said, land toppled Mr.. Biney
over, is no reason why Mr.. Bjrney should
knock me over. But impute no bad faith
to Mr.. Birney,' he continued.
We'll, 1 do interrupted Col. Cook,
land base my belief on facts. Mr. Birney
agreed to call one case to-day, and be has
called another
JUDGE COLES DECISION.
Judge Cole said he had understood Mr.
Mr.. Birney to say while the Howgate case
was on that he would hear the burglary
case first, and then the arson case. He had
however, set no case for the day. He would
hear the burglary case tomorrow This
would give time for the witnesses to reach
here by the time they were needed. The
arson case could be taken up Monday, W ben a
jury could be got out of the June panel and
the trial proceed.
EX-COng ressman Turner's motion forpost-
ponement of the burglary case to Saturday
was overruled, and he noted an exception.
Mr.. Lipscomb then withdrew the plea
of not guilty for Auffort and Desmond and
filed demurrer on the ground that lar
ceny'' is not statutory crime here and
that the ownership OF the property is
mot stated in the indictment.
The demurrer was overreuled, and the
trial Will begin this nothing.
Detectives Weldon and Horn took
Billy" Williams, the accomplice of Auf-
fort and Desmond, who is the principal
witness against them, across the Potomac
yesterday, and by the help of several divers
found the two strong boxes of the steamboat
company's safe They We're near the
river wall, opposite the ferry wharf, where
Williams said Auffort, Desmond, and he
had thrown them after the job was done.
A number of valuable papers, checks, etc,
of the company We're recovered. The dis
covery is strongly corroboratiye of Will
liams' story.