Evening star., 1895-04-26
1T WAS ABRUPTLY ENDED
The Trial of the Fidelity officials at Pitts
burg.
Owing to Defect in the Indictment lit
Was ,Quashed and n New One
Must be Drawn.
Special Dispatch to The Evening Star.

1Sb "a, April Zo-Ine Ol
the officials of the Fidelity and Columbia
Building and Loan Associations of Wash
ipgton. for conspiracy to defraud. came to
an abrupt and unexpected termination this
morning, the court quashing the indict-
ments on the ground that they were de-
fective, the prosecution having blupdered
in not naming any specific date and omit
ting the year altogether on which the
offense charged was committed.
Judge Collier, who presided, however,
ordered the defendants to renew their bail
for trial at the June term OF criminal
court. 1t will not be necessary to bring
new charges against the defendants, but a
new indictment must be drawn for presen-
tation to the new grand jury. The men ar
raigned on charges of conspiracy and at
tempt to defraud are Harrison DiEgman,
Dpresident; Andrew Wall, vice president,
both of Washington. d. c.; Richard H.
Mitchell, manager of the Pittsburg office;
W. NJ Henry, F. ]. Holman, r. Haight,
Geo. Becker and B. B. Priest. S. w. Ewing
was indicted along with these, but as he
was simply an agent, acting in good faith,
he was discharged at a preliminary hear
ing for want of evidence against him. At
torney j. a. Wakefield presented petition
TO have the indictment in the Ewing case
quashed. The prosecution offered TO objec-
ton. and the court ordered a nolle pros
1t Is stated that the prosecution had as
many men.
The Point Made.
Late yesterday afternoon the defense
discovered the defect in the indictment,
Attorney Patterson moved to have the In
dfctmcnt quashed on this ground. Judge
Collier did not catch the point clearly. and
refused. the motion. Mr.. Patterson offered
an objection to the third count. which did
,ot Co. 11,,
frauds. and while this was being argued,
the court quashed the first point and sug-
gested to the prosecution to move an
amendment ard insert the date. Then it
became question as to whether the court
had the authority to amend in sucn u ease.
w. ]. Brenne opened proceedings today
by stating that the contention Of the COM
monwealth was that the Indictment could
be amended so as to insert the date of the
commission of the offense charged. He
CITED an opinion Of Judge Gibson sustain
ing this contention
Judge Collier referred to a decision of
the supreme court of Massachusetts, that
the act allowing amendments does not ex-
tend to a case in which the year is omitted.
He said that supposing the defendants
We're tried under the defective indictment,
a verdict for the commonwealth found, and
the case taken up to the supreme court,
judgment could not be secured.
The Application to Amend.
The court held that if application to
amend had been made before the jury was
sworn the defect could have been rene
died, but, under the circumstances the
court thought justice and the interests of
the commonwealth could be best subserved
by quashng the indictment.
An order in accordance with this view
was issued and the defendants instructed
to renew their bail for trial at the June
term of court.
Mr.. Stevenson asked for a reduction of
the bail of Vice President Andrew Wall
The bond is $4,000. but the lawyer wanted
it reduced to 81 500.
Deputy District Attorney Blakely object
ed to any reduction, and Judge Collier
said he would hear an application for re-
duction at any time the defendants lawyer
was prepared to file it.
1t was developed afterward that the
prosecution had decided to put President
Harrison Dirgman on the stand as the
would be such as to convict the other de-
PENDANTS.
MIR. Dingman's Case.
1t is agreed that Mr. Dingman knew
nothing of the acts of the officers of the
association, although he was their presi-
dent, Until after his arrest in this city some
months ago. He lent his name and stand
ing to the organization, and permitted the
LEGAL managers to do about as they pleased
After the case was dismissed this MORN
ing Mr.. Dingman said to The Star cor
respondent: Il am sadly disappointed in
the outcome of the case. I had hoped for
, speedy trial, and was confident of ac-
quittal. 1 shall probably go home tonight
or tomorrow, just as soon as 1 get my bail
renewed"