Evening star., 1897-04-29
CLOSING THE CASE
Arguments Begun in the Trial Of
Philip McElhone.
fHE INSTRUCTIONS OF THE JURY
Verdicts Of Not Guilty Ordered On
Two Indictments.
AN NTFUL DAY.

A still larger crowd was in attendance
In Criminal Court No this morning, when
the trial of Philip MeEIhone, charged in
three indictments with having during last
fall and winter stolen a number Of HIS
torical papers from the Congressional IL
brary. was resumed before Judge Bradley
The defendant was on the stand when
the trial was adjourned yesterday after
noon, all the afternoon having been de-
voted to his examination and cross-examfrl-
alton During his cross-examination by
District Attorney Davis McElhene admit
ted making misstatements in connection
with the papers, stating that his state
ment to Dealer Benjamin that he got some
of the papers from his aunt was not true.
McElhone denied ever having offered to
sell book from the Pompeiian collection
in the library to a local dealer. He also
denied that Turner advised him since their
arrest to plead guilty. After asking the
defendant a few more questions Mr. Davis
announced the close of his cross-examina-
tion OF the defendant, and Mr.. Shiiington
was proceeding to examine him on re-
direct when Mr.. Davis objected to a GER
tain question.
Rebuke TO the Counsel.
Mr.. Shillington replied to Mr. Davis, and
he to Mr.. Shillington. when Judge Bradley
complained that counsel were bandying
words, saying it must cease, and that they
must address the court. He said that there
had been too much Of it during the trial.
and tha- counsel, in addressing the court
should first arise.
Mr. Davis insisted that he had not been
bandying words, remarking: IF had pre-
sumed, your honor, that there would be
such rigidity of practice, / would have been
more particular from the beginning
That will do, Mr.. Davis" replied Judge
Bradley. Il think II a little more rigidity
of practice had been observed in this trial
1t would have been conducive Of better or
GER do not want to be harsh, or reflect
unjustly on any one, but cannot recognize
remarks addressed to me when they are
banded between counsel, or when counsel
90 not arise when addressing the court
Another Breexe is Raised.
A few moments later, after the court had
made ruling against him. Mr. Davis ad-
dressed Chief Hazen, sitting near him. I'm
an undertone.
What was that remark, Mr.. Davis?" in
quired the judge.
why. your honor" said Mr. Davis, II
just remarked to Mr.. Hazen that l would
have to telegraph for Mr.. Benjamin, and
nave him here In the morning"
Your remark" explained the court, was
inaudible to me, and i"
I beg your horrors pardon" interrupted
Mr.. Davis. do 1 understand your honor to
doubt that that was what 1 said?''
''Oh, no. Mr.. Davis" replied Judge Brad
ley, Il do not doubt your word. l have no
reason to doubt it,
That ended the discussion and the ex-
animation of the defendant was continued.
TOday's Proceedings.
Upon the resumption of the trial this
morning. 1t was announced that the de-
fendanfs testimony had been concluded,
and the defense called John j. Needing to
corroborate McElhone's statement that the
proceeds Of the loan he secured on the $50
worth of old government stamps were
given to Turner, the defendants alleged
accomplice. Upon Mr.. Davis objection
that 1t was immaterial, Judge Bradley re-
jected the testimony.
The defense next called as a witness
Saml. M. Croft. an employe of the library,
to corroborate the defendants statement
that he was in honest possession of two of
Librarian Spofford's autographs. Judge
Bradley held that that testimony would be
imma:erial and ruled it out. After stating
that he did not know of the existence of
the Force collection, the witness was ex-
cused, the defense announcing the close of
their case In chief
Mr.. Davis then called Librarian Spofford
to show the extent of the library and what
knowledge employees have of its contents,
when the court held it to be collateral mat
ter, and therefore not admissible.
Turner Recalled.
Turner, McElhone's alleged accomplice,
was next recalled by Mr. Davis, and denied
the defendants statement that he ever sold
McElhone any of the stolen papers. He
also denied telling McElhone to say to
Dealer Benjamin that the papers came
from the estate of DR.. Miller, Turner's
father -in-law.
Turner was then excuSad fror, +ho ....a
the defense having no questions to ask him,
when MIR. Davis asked a recess until 2
oclock this afternoon. In making the re-
quest MT. Davis referred to the statement
py McEihone on the witness stand yester-
day TO the effect that after he had learned
from Dealer w. E. Benjamin that Turner's
iawrui possession of the papers was quas-
Iioned, he wrote Mr.. Benjamin, and receiv-
60 letter In reply to the effect that Turn
eEs possession of them had been inyesti
gatec, and that the. dealer was satisfied
tnat 1t was all right. Mr.. Davis stated TO
the court that he wished to show that Ben
Jamln never wrote such a letter Benia-
MN telegraphed late last night said Mr.
Davis, that he could not reach Washington
until o'clock this afternoon. and he
nevlnS MS testimony to be most material
ana important, as tending to disprove the
DEFENDANTS contention that he was the in
nocent dupe of Turner, Mr.. Davis there
lore asked for an adjournment of the trial
until after Benjamin's arrival
No Recess Allowed.
Counsel for the defense offered no OBJ
lection to such a recess, but Judge Bradley
denied Mr.. Davis motion. He held that
McElhone stood charged not with receiy-
ing stolen goods. knowing them to be
stolen. but with the larceny Of the papers
Therefore. said the court, it appeared that
the testimony Of Benjamin would, in the
present case. be immaterial, and that be-
ing so no recess became important or neces-
sary.
Mr.. Davis thereupon announced the close
OF the governments case. and the defense
Offering no testimony in rebuttal counsel
proceeded to discuss the courts instruc-
ton to the jury.
Argument Ovcr-the Instructions.
Mr.. Davis explained that he would only
ask conviction as to the roll of artifcers.
the return of General Sullivan's troops.
the Cortland commission and the
William Williams letter. He referred
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