The herald., 1896-07-17

Counsel urged that in the case Of red
ink it sank deeply into the paper. and to
remove 1t with acid would not be pos
sible, while in the case of the black let
tering any manipulation, while serving
admirably perhaps in bookkeeping
would affect the texture of the paper SO
far as to render the difference percep-
tible under the microscope.
Proceeding to analyze the writing. Mr..
Gage. claimed that II the words alleged
to be forged were blotted out and those
which were claimed by the prosecution
to have been obliterated were written in
in any ordinary handwriting. either at
one side or the other Of the check, they
would overlap other words which 1t was
claimed had never been tampered with.
For these and many other reasons, coun-
sci asserted his belief that the check
never had been changed at all.
Mr.. Gage has theory of his own,
however. and that is that MT Cruik-
shank had been like Dole, more the vic
tim Of confidence man and buncoed in
first-class style. He might first hand
the 81. 80 check to the banker for inspec-
tion and then when Mr.. Cruikshank got
ready to write upon it's face, by the rap
i'd working of the bunco man. the 81. 80
was replaced with one for $3.50. The
banker would thus have been film
f1ammed into certifying to a check he
knew nothing about.
Counsel told several good stories to IL
lustrate how easily the bunco game could
be worked under certain conditions, and
instanced the case of the congressman
who, while McLachlan was district at
torney, was done up In the city for $4,000
THE bunco man beat the game in the
district attorneys Office" said counsel,
and Mr.. McComas was an attache at
the time
No" interjectedl Deputy District At
torney McComas, 'he was convicted and
got away from the supreme court"
:, Then he beat a. bigger game, even,
than thought he did "returnedMr. Gage,
adding caustically. "butI wasn't trying
10 rob laurel from your brow; I'm will
ing to concede that you convict the in
nocent as well as the guilty"
The entire effort of council was ex-
pended in sustaining the alibi that had
been proven, and in convincing the Jury
that the check had not been tampered
with
At 2:3o Deputy District Attorney Nc
Comas closed the case. The first portion
was rather amusing inasmuch as cour-
sci exploited his knowledge of chemistry
in novel way. He stated that he once
saw a glassful of ink changed to a color
less compound, like water, by the addi-
tion of an acid and it was quite possible,
he argued, to take out either red or black
INK HldfkS on paper with the same ease.
The application did not affect the paper,
but did act chemically upon the de-
posted ink. McComas disquisition
sounded learned but, so far, it reminded
the unbiased onlooker of the instance of
when the blind were undertaking the ar
dous task of leading the blind
Proceeding, however, counsel analy-
zed the defense raised, and by analyzing
the evidence, very clearly and carefully
showed where doubt might readily creep
in, and twist the. truth into its semblance
while then sustaining the case for the
defendant.
AT about o'clock the argument closed
and the court read the lengthy istruc-
tions to the jury, the latter being given
in charge of Deputy Sheriff Marsh ar
4;30 o'clock. The jury took with them
the noted check, as we'll as other docu-
ments, and the magnifying glasses with
which to examine them.
The twelve good men and true, unable
to unite upon a verdict, were locked up
for the night.