St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-20
HYLAND JURY OUT.
He Is Charged With EmbeZZl-
ing 1926 From Adams
Express
WtiENHE WAS IN ITS EMPLOY
He Admits Having Received
the Money, but Denies
Stealing 1t.
THE JURY is OUT ALL NIGHT.
CountyAttorney Buffers View
OF the Arguments Of
Counsel.

Thomas Hyland was yesterday
tried in Judge Kerr's court, on the
charge of embezzling S125 from the
Adams Express company. The case
was tried before Judge Kerr because
Judge Kelly was engaged hearing
civil cases, in the absence of Judge
Willis, and besides Judge Kelly's
son was attorney for the defendant.
The circumstances of the case, as
claimed by the state, are as fol-
lows:
Hyland had been employed in the
office of the express company up 10
a year ago, when John P. Cook, of
Beatrice, Neb., sent through the ex-
press company, addressed to his ia
Their, who lived in LOOMS. Wash,
package containing $125. The pack
age came to st. Paul and passed
through Ryland's hands, as all such
packages did. Owing to some ques-
ton about the address, it being
written ''Loomiston," Hyland was
instructed to hold the package for a
time and await Instructions The
to LOOMS. Hyland claims he did
send it, turning it over to the North
ern Pacific Express company. but
the latter denies having received it,
and also denies ever having used for
such transactions block receipts,
such as the one Hyland claimed he
received. The receipts used were
OF the stub style, and there was no
stub for any such receipt. The in
dictment was returned last October.
some months after Hyland had left
the company's employ.
Mr.. Cook testified for the state. re-
garding the sending of the money.
and ]. w. Owens, superintendent of
the Adams Express company, testi-
fled that he
HAD SEEN THE PACKAGE.
in the possession of the defendant.
and had instructed him to write to
Mr. Cook and get advice regarding the
point of destination, the railroad guide
showing a place named LOOMS. in
Washington, but no such place as
Loomiston. W. W. Owens, who de-
Hvered the package to the defendant,
and D. Doyle, who received the pack
age from the express messenger and
delivered it to Owens, testified to
these facts. D. 3. Newcombe, super
intendent of the Northern Pacific Ex-
press company, and j. E. Barry and
j. r. Collins, two other employees of
the same company, testified that the
package had never been received by
the Northern Pacific Express COM
pany.
The defendant went on the stand in
his own behalf and testified that he
had received a package purporting to
be the one in question, but he did not
remember what he did with it, He
thought he sent it to the Northern
Pacific express, but he knew he did
not steal it, whatever became of it,
Attorney r. A. Walsh, DR.. W. F'itz-
simmons and Judge Kelly testified to
the defendants previous good repu-
tation.
The arguments of the counsel were,
as County Attorney Butler jocularly
put it, long, able, clear, convincing
and unanswerable on both Sides"
And the charge of the judge was, ac-
cording to the same authority, i'm
mininently fair (see j. j. Parker)" ,,
The case was given to the jury at
5:45 o'clock last evening, and UP to |
this morning no verdict had been
reached, which goes to show that the
jury must have looked on the argu-
ments in the same light the county
attorney did. Hyland and his wife |
and sister remained in the court room /,
all night waiting for the verdict J