Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-06-26
Trial Of the Alleged Perpetrators
Set for Tomorrow.
AUFFORT and DESMOND ARRAIGNED
Their Counsel Make a Stubborn
Struggle for Delay.
JUDGE COLES DECISION

Judge Cole today set down the case of
Charles Auffort, Edward Desmond and Jack
Dempsey, the alleged safe blowers, for trial
before him in Criminal Court No. to NOR
row morning. He also set down the case OF
John W. Patterson, Charles Auffort and
Monte Wells, charged with burning the
Lady of the Lake last February, for trial
before him next Monday. Judge Cole, In
making these assignments, overruled mo-
tions made by the defendants counsel for
a continuance Of the cases, and also over
ruled demurrer to the Indictment filed by
counsel for Auffort and Desmond in the
safe blowing case.
The Proceedings in Court Today.
In anticipation of a trial today, the court
room was crowded. but when the case
against Auffort, Desmond and Dempsey,
charged with robbing the Office of the
Washington Steamboat Company, was call
ed Messrs. Andrew A. Lipscomb Charles
Bendheim and ex-Congressman Chas. H.
Turner Of New York, known as Iceman
Turner. counsel for Auffort and Desmond.
Dempsey not yet having been arrested,
stated to Judge Cole that they were not
ready to proceed. Counsel for the defend
ants, said Mr.. Lipscomb had been notified
by the district attorney that the steam
boat case would be first tried, and, acting
upon that notice, they had not prepared
for a trial today.
Mr.: Lipscomb filed an affidavit, signed
by the defendants, praying for a continu-
ance of the case until fall on the ground
that the new Indictment, returned yester-
day. had taken them by surprise, and that
they would not be able to obtain the at
tendance of certain necessary witnesses at
this term of the court.
Absent Witnesses for the Defense.
Some of these witnesses, stated Mr.. Lips
comb. would show that the gold coin spent
by Auffort in Virginia had been received
by the defendant in exchange for a horse,
sold by him. Another material witness,
brother of Desmond, was out in Ohio. 1t
was the understanding of counsel, claimed
Mr.. Lipscomb. that Mr.. Birney would first
call the steamboat case, and they had act
ed under the belief that 1t would be call
ed today. AS counsel for Wells, he wished
to say that he was both ready and anxious
other case. Mr.. Lipscomb explained that
he did not for a moment impute any bad
faith on the part Of District Attorney Bir-
ney.
Of counsel for Patterson. And base my
belief on facts. Mr.. Birney notified us that
he would call one up for trial today, and
now he proposes to call another"
Mr.. Birney explained to the court that
in the written notices that had passed be-
tween him and counsel a mistake had been
made in the number of the cases, but he
felt certain that counsel knew, neverthe-
less. that he would not call the steamboat
case for trial until after the other had
been disposed Of The mistake in the num-
Der of the cases had first been made by Mr..
Cook himself.
Judge Cole Declines to Have Delay.
After further discussion, Judge Cole final
ly disposed Of the whole matter by setting
the robbery case down for trial tomorrow
morning, the steamboat case to be called
Monday. If the first case should not be
concluded then, jury would be then sworn
in the steamboat case, and the jury ex-
cused until the conclusion of the first case
That would have to be done, explained the
court, for the reason that no new jury
could now be drawn for service during July.
That matter disposed Of counsel for Auf-
fort and Desmond withdrew the plea of
not guilty, entered yesterday by direction
Of Judge Cole in the robbery case, and
filed demurrer to the Indictment. In
support of the demurrer Mr.. Lipscomb
argued that the Indictment charged the
defendants with entering the steamboat
office for the purpose Of committing lar
ceny. There was no such offense known
as larceny in the District, he claimed. He
also contended that the Indictment failed
to allege ownership in the steamboat COM
pany.
The matter was briefly argued, but Judge
Cole overruled the demurrer holding that
the term larceny was sufficient, and that
In the steamboat company. Counsel noted
exceptions to all of the courts rulings, and
the case then went over until tomorrow
morning.