Evening star., 1896-02-18
THEY ERE HELD
Dwyer and Cunningham to Go Before the
Grand Jury.
The Telegram to Mrs. Lindsey and the
EScape of Boston Charley
Testimony Heard.

1fauQ Mrs. Judge JemeS LINDSEY OF IeXaS
were given preliminary hearing in the
Police Court yesterday afternoon, the de-
PENDANTS being represented by Lawyers
Classic and Gloss. Chas. Mortis, alias Ma
son. alias Boston Charley" charged with
them. had hot been captured, and so he
was not present.
Judge Miller heard the evidence of q
number of witnesses and held the men fol
the action of the grand jury.
Judge Lindsey was the first witnesses
sworE in the case and hs testified that he
lives at Gainesville, Texas, and defendan,
Cunningham's father lives about ten miles
from there.
Did Cunningham know you?" Mr.. Null
lowny asked him.
He must have known me" replied wit
ness.
Did you seLd telegram to your wife
on the 18th of the month"; the witness was
asked.
mo, sir." he answered.
The telegram referred to was read, as fol-
lows: Buy $3.50 in express money orders
payable to Robert c. Gray. Mail them i'm.
Inediately in ordinary letter to him, care
Grand Hotel. Cincinnati. Ohio. Telegraph
Braddock House, Alexandria, Va. Conf
Dental Say nothing at the bank. viii
explain by mail j. H. LINDSEY"
Have you had any conversation with
SuuHiLSH since tnc telegram was SENT.
Yes, sir"
What did he say abou. the other defend
ants. if anytbing?'
He told me he knew Mason, and had
pointed me out to him.
Witness said he had been in the city
about five weeks, but had not seen Cum
ntngham until after his arrest.
Questioned about Cunningham, witness
said his reputation in Texas. so far as he
remembered. was not good He thought
he got in trouble about the forgery of his
fathers name. He did not know Dwyer.
Manager MaIeaE of the Western Union
Telegraph Company was shown the tele-
gram. He said it was filed after II O'Clock
at night, and was sent off. When witness
saw the tel, gram the next morning he sus-
pected something wrong and called on
Judge Lindsey to inquire about 1t.
Sending the Message.
Richard Rozzelle, Western Union mes
senger bcy. testified that the defendant
Dwyer called him to Gerstenberg's saloon
on the night of February H. and sent him
to the office with a telegram. Witness de-
livered the telegram and then returned
with the change, for Dwyer had given him
a $ bill. On his way back to the saloon
he met Dwyer on the street and gave him
the charge.
Are you sure he is the man?' the boy
was asked.
Yes, STR"
Sergeant Moore of the first precinct was
called and he testified that when Charles
Mortis. alias "Boston Charley" was under
arrest Dwyer called at the station to see
about getting him out on bond. Witness
talked 10 him and he said he was ac-
quainted with Boston Charley" and said
they we're both here looking after claims
T. A. Simpson, receiving clerk at the
Western. Union office, testified that he re-
mem bered the boy Rozzelle bringing in this
particular telegram. The handwriting re-
Sow, lad tIof oQ
some time before. Witness remembered
that the boy told him where he got the
telegram, and that he had the s. to nav for
the sending.
nlngham, and had never seen him before
Thursday night.
Precinct Detective Sutton gave evidence
concerning the arrest and release Of "Bos-
ton Charley" Defendant Dwyer and a
Mr.. McManus called at the station and
seemed very anxious about Boston Char
ley Ihey We're permitted to see him.
When DWyer left the police station, witness
followed him to No. 511 18th street A few
minutes later he came out and with Nc
Manus. went to the Hotel Lawrence, when
they were Joined by third man. Later
DWyer changed his hat and coat and wit
ness then followed them to 7tp and D
streets, where he arrested Dwyer and Nc
Manus and locked them I'D on suspicion
At 1th and D streets they said they were
going to deliver a message from "Boston
Charley to Tom Coakley, a Senate mes
senger.
The Release.
The next morning, when witness reached
the police station, he learned that man
had vouched for them to Lieut. Amiss, and
the lieutenant released them. That morn
ing Boston Charley" was released In
spector Hollinberger decided to release him.
as there was nothing against him., and he
went to Alexandria,
Witness afterward received information
concerning the sending of the telegram in
question, and made the arrests of DIVER
and Cunningham. The latter he said, had
pointed out Judge Lindsey to Boston Char
ley and had told him that the judge was a
rlch man. During another conversation
Cunningham said he had told both Dwyer
and Boston Charley about Judge Lindsey
being here from Gainesville, Tex.
On cross-examination witness said he did
not know who vouched for the men Dwyer
and Cunningham, but heard that Congress
nan Amos Cummings had vouched for
Dwyer.
When Boston Charley" was released bs
got money from people in the Capitol with
which to buy a railroad ticket Witness
said he obtained information about "Bos-
ton Charley" from man who said he had
been in trouble at Butte, Montana, and who
also said he was professional crook
Other witnesses, including the defendant
Dwyer, were examined. He made whole
sale denial of the charge, and endeavored
to account for his whereabouts about the
time the telegram was sent.
The messenger boy was recalled and
closely questioned, but his identified ton of
Dwyer was not shaken.
Judge Miller. in holding them for the
grand jury, fixed the bond at $1,000, which
the prisoners expect to give.
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