The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-04-23
His 0ffenSe Held by Justice Brad.
ley to BE a Misdemeanor.
JURY SPEEDILY COMPLETED
Librarian Spofford's Testimony Re-
garding the Nature and Value of
the Documents Stolen From the
Library-TEe Washington Diary
the Most Precious.

men indicted jointly by the grand jury for
the theft of certain valuable manuscripts
from the Congressional Library, was put
ON trial this morning before Justice Brad
lev in criminal court No. ,. 1t had been
previously arranged that the two cases
should be separated, and the trial OF j.
Mex enSie Turner, the other man accused,
was deferred until the res nit of McElhune' S
arraignment shall be ascertained.
District Attorney Davis personally con-
Quoted the Governments case, and the ac-
cused was represented by Attorneys Shil-
lington, Ober, Douglas and Keys.
The first bout between counsel was over
the number of challenges 10 which the de-
Tense should be entitled, Mr.. Shillngt0n
arguing for ten, the court and counsel for
the Government holding a different view.
Justice Bradley said he did notregard the
offense charged as a felony, under either
OF the statutes upon which the Indictment
was framed. and in this District Attorney
Davis scquiesced. Upon this point the
contention as to the challenges was hinged.
In case the offense should be treated as
felony, Mr. Shillington's demand would be
sustained: if a misdemeanor, the punish
ment would not be by pemtenhary sen
tence.
The district attorney had expressed lin
self satisfied with the original panel,
after the customary poll, and the counsel
for the defense had excused three MEM
bers of the jury and named the fourth,
when the question was raised by Justice
Bradley.
After ccuSiderah controversy the court
finally permitted the defense TO excuse
the fourth juror without prejudice, the
district attorney arguing that the record
shall show but three challenges, the Of
lenses were held to be misdemeanors, and
on motion OF the Government the indict-
ments against McElhone were CONSOLE
dated.
The Jury was then sworn as follows:
Nixon Brewer, Charles Ernst, Charles A
KoSchc, Dennis Donovan, Henry brede-
kamp, q A Thomas, James ". Waters,
w. II. BTaunt, James Pearson, william
Watts, George W Johnson, VIrginius T.
Elliott,
A f. Snoffnrdr the Congressional La
braFiaa, Wap the first ritne1s, Hs testified
TO the fact that Turner had heen employed
inthe Library for eight years, and Nc ElhJne
for three years past
He described the papers they were &C
cused of abstracting, among them being
the letters from Benedict Arnold TO Gen.
Washington; the private diary Of Wash
ington: the orderly books kept by Gen.
Rraddock in the famous campaign west OF
the Aneghenies; the Thomas Paine letter,
and others heretofore noted in The Times.
The district attorney was proceeding TO
question Mr. Spofford as to the duties OF
Turner, the co-defendant, but the defend
ants counsel objected, on the grounds that
the purpose OF securing severance was
TO avoid the introduction OF evidence which
might he competent in one case, but not
competent in the other.
The objections were overrUled, and
counsel noted an exception.
In the course of the testimony it was
shown that the papers distracted were
from what was denominated 1.-THE Peter
Force collection" for which the Govern
ment had paid 500, 600 in 1878. The pa
pers were exhibited in court, and McEl-
homes means of access to the place where
they were kept aud his duties there were
shown by the witness.
a somewhat protracted discussion arose
as to the competen OF the testimony as
TO whether the papers had ever bean IN the
Force objection aud also as 10 the
testimony of the witness that certain
paper was in the handwriting of George
Washington and that Il certain other paper
was in the handwriting Of Benedict 4 mold
The court finally ruled that the papers
should be submitted to the jury, subject
to a motion later by the defense To with
draw them if it should appear that iden-
tification has not been complete.
Washington Diary" described ly Mr..
Spofford as "the most precious OF the col
lection was next introduced 1t was
washington's diary, kept during the session
Of the Constitutional Convention, i'll 1887.
Mr. Spofford testified to the handwriting
from expert comparisons with well known
autographs OF the author of the papers.