Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-04-26
M ELHONf'S TRIAL
How the Congressional Library Was
PilAied Of Documents.
STORIES nPE BY TEE DETECTIVES
The Defendant Assisted Them in
Getting the Testimony.
PURCHASERS OF DOCUMENTS

| The trial of Philip McElhone. charged In
three indictments with having, while an en-
| ploye of the Congressional Library last jan
| uary, distracted a number of valuable docu-
| ments and manuscripts from the library
was resumed before Judge Bradley in
| Criminal Court No. this morning. The
| trial was commenced Friday last. the court
| having granted a motion that McElhone
| and Lewis Mckenzie Turner, the latter
| having been jointly indicted. be tried sepa-
! rately. The examination of but one wit
| ness. Librarian A. R. Spofrord. was con-
Guided Friday. the second witness for the
| government, VIM, F. Havemeyer of New
York city, being called to the stand few
| minutes before the court adjourned.
When the trial was resumed this morh-
| ing, the court room being crowded, District
| Attorney Davis recalled Mr.. Spofford for
| the purpose CT identifying certain checks
| and letters Endorsed ami written, respcc-
| lively, by the accused young men. He iden-
| titled them, and also u letter written by
Washington, at Morristown, N. j., In De-
cember, 1I19.
Mr.. Havemeyer was then recalled TO the
| stand and Identified letters written by him
to the defendant McElhone. last Novem-
| Der, and a check given by him. He was
| shown the Morristown letter Identified by
| Mr.. Spofford,. and asked from whom he
| purchased it, Mr. Davis explaining that he
would subsequently show the connection of
| both of the accused young men with the
| purchase Counsel for the defense objected,
and Judge Bradley sustained the objection,
| the witness Stating that he never saw Nc
| Elhone until he saw him in court during
| the present trial. He also stated that he
could not say from whom he received one
| of the Benedict Arnold letters.
Secret Service Testimony.
| Mr.. Havemeyer was then excused for a
| time and Mr.. Davis called Secret Service
| Detective VIM. J. McManus of Philadel-
| pfia, who identified letter written by Nc
| Elhone last February to W. J. Campbell,
Philadelphia dealer, inclosing two of the
| letters in the Force collection. and asking
Campbell what he would give for them.
The next witness called was Detective
| Geo. o. Barker Of the secret service office,
ard he identified a letter received by Nc
| Elhone from Campbell the 18th of last
February, returning the two letters, one of
them having been written by William
Williams, ono of the signers of the Dec
| laration Of Independence. Barker stated
| that McElhone gave him the Campbell let
| ter after II had been demanded.
Geo. w. Haxen, another secret service
| agent, next testified. stating that February
| 10 he saw McElhone at the Congressional
| Library and escorted him to the secret
service office, where he was searched. Nc
| Elhone subsequently gave him an order for
| certain tin box kept at his {McElhcne's)
home.s McElhone was taken to Com
| missioner Millso Office The regimental roll
identified by Mr.. Spofford McElhoue handed
to the witness. In the tin box the witness
discovered a commission signed by John,
Hancock, also identified by Mr.. Spofford as
| being partp of 1.-THE Force collection. The
Braddock orderly book and the Newburg
letter witness recovered from w. F. Benja
| min of New York, the Morristown letter be-
ing recovered from Mr.. Hayemeyer, besides
several other articles named in the indict-
Inents, including the BeFedict Arnold let
tiers.
The witness said that he had conversed
previously with Mr.. Spofford, but upon an
| objection by Mr.. Davis, he was not allowed
| to say whether Mr. Spofford did or did not
claim that nothing was missing from the
Force collection. To counsel for the de-
Tense the witness said that the defendant
| said he did not know that the papers in
J question had been stolen from the govern
ment. The defendant admitted having some
OF the alleged stolen papers in his possess
sion. and also stated that he had sent two
| of them to Campbell. Witness did not tell
the defendant that he was an innocent
party in the matter, but did advise him to
| disclose the whereabouts of the papers
| which he voluntarily did, handing over his
keys.
Then" said Mr.. shillington. 1.-THE de-
fendant searched himself"
Was the defendant under arrest then p
| inquired Judge Bradley
mo. sir; not exactly"
| linen, WudI right naQ you to search
| him." continued the Judge
AS preliminary to his arrest"
DO you make a practice of searching
people as a preliminary to their arrest?'
| asked the court.
Sometimes sir"
We'll, you have right to do so, and
some time you will get yourself In trouble
by doing it,
Bought Documents.
The next witness called by Mr. Davis was
A. j. Bowden, formerly In the employ of
w. E. Benjamin, the New York dealer He
stated that McElhone and Turner called
| together at Mr.. Benjamin's place last sum-
mer. and on two or three occasions later,
and that as a result of their visits several
| of the documents were purchased. Turner
| did most of the talking. the purchases being
| made after the accused young men con-
suited together. Turner explained that the
papers belonged to his uncle, but that Nc
Elhone had an interest In them
Miss Effie X. Winans. also in the employ
of Mr.. Benjamin at one time identified the
defendant and Turner having called at
the store last August, when one of the
documents was purchased from them.
w. e. Benjamin, the employer of the pre-
ceding witnesses, next testified. The latter
part Of last August the defendant called at
his Office. He brought with him some
| manuscripts and several early American
almanacs.
Counsel for the defense objected to what
the defendant stated at that interview.
when Mr.. Davis explained that as no one
| saw the accused take the stolen articles he
was forced to convict them, if at all, by
circumstantia evidence, and claimed he
should be allowed to forge the chain link by
link. The court sustained the objection,
when Mr.. Davis showed that the witness
as a result of the interview with McElhone
correspondsd with Turner. subsequently
purchasing from McElhone some forty
eight so-called Benedict Arnold letters
Judge BfadleY overruled a motion made
but when 'the Witness failed to identity the
two Arnold letters mentioned in the indict-
| ments as being, Of the number purchased
by him BE shpotion was renewed and
Mr Behiamtg had not left the stand
when the .plsuafl midday recess was taken.
and upon fesuhaing the stand after recess
lie stated that he suggested Mr.. Have
meyer to The defendant as a possible pur-
chaser. He stated that the Rraddock or
derby books. the Newburg circular letter
and the Washington diary were in his
rossess iona the being the articles Identified
by Mr.. Spoffof6 as being part of the
Force collection.
To MIR. ShiHtngton he denied sending
them here TO sangovernment department for
the purpose Of -ascertaining II they be-
longed too9he government, he making H.
uujPfaa h0e1evcF. Seuaftar EJ<sl,