The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-04-26
PHIL. M'ELHONE's TRIAL
HaVemeyer, the Purchaser of the
Manuscripts, a Witness.
LETTER BOOK NOT ADMITTED
Secret Service Detectives Identify
Certain Letters of an Inculpat-
ing Character-Offi Have No
Right to Search Anybody Prior
to Formal Arrest.

The second day OF the trial of Philip
McElhone, charged with the theft Of val
liable manuscripts from the Congressional
Lbraryin January last, opened before JUS
dce Bradley this morning, In criminal
court No. ., with Librarian Spofford ON
the stand Several letters were submit led
to the witness, said TO be in the handwTtt-
ing of McEihone and his alleged accom-
plice, j. Nick. Turner, respectively, and
he was asked to mark such OF them as had
not been already identified 10y McElhone.
We shall object, your honor inter
rupted Mr. Shillington, for the defense.
TO what?' inquired District Attorney
Davis
To this line Of eXauinatio before the
proper time for it, said Mr.. Shillington
That is all right; l did not suppose the
examination could proceed without objec-
tion,'' and the district attorney passed
the papers 20 the witness. They We're
marked as desired. Other papers were
also submitted, among them photogra phed
letter with Gen Washington's signature,
dated at Morrstown, n. j., in December.
1879. This Mr.. spofford Identified as
having belonged TO the Force collection.
Mr., Havemeyer. the alleged New York
purchaser of the manuscripts when placed
on sale by McElhone, was next called.
He brought with him his Ietter-book, from
which letters purporting to have been
written to McElhone were copied, and
submitted in evidence on Friday, objec-
ton having been made TO the Introduction
,P tt,,F H..
to the letter-book being the repository Of
the original letters, and also identified
certain letters purporting to have been
received by him with the signature Of
Turner.
MT. Havemeyer, from whom did you
purchase that document" inquired Mr..
Davis, passing him the MoTTistown four
page letter above referred to- Mr.. Davis
admonished the witness not to answer until
opportunity had been given for objection,
and then proceeded to explain that he
offered the testimony with a certainty Of
being able to connect the two defendants so
closely SIS to have the answer of the witness
become an important factor he would
have the answer subject to the action OF
the court, to he omitted or re jeCted as might
be decided. He had it offered now to aC-
commodate the witness, who desired to 60
home.
Objection as made, which was sustained
by the court
The Government offered Mr.. Havemeyer's
letter-book, but upon objection by the de-
fense, it was withdrawn temporarily.
Mr.. Hayemeyer was asked when he first
knew Mir. McElhone in the matter OF pur-
chasing the manuscripts, and he said,
"Some time last summer
Counsel for the defense then brought
out the fact that Mr.. Havemeyer depended
wholly upon correspondence in the trans
action, and that he never sa W McElhone un-
til he met him here in court
W J. McManus, of the Secret Service
force, whose headquarters is in Philadel-
phia, was called to identify two letters
which he said he received from a man
named W. j. Campbell, of Philadelphia
One of them was signed by 7. NJ. Nc Elhone,
and purported to inclose two old manu-
scripts, one letter from Robert II Morris,
the other from william Williams, a signer
of the Declaration of ofIndependence. Camp
bell was asked in the Nc Elhone letter what
he would give for them.
Campbells latter in response was also
submitted, in which he declined to pur-
chase. The Williams autograph was one
Of the papers mentioned in the Indictment
Both letters were admitted.
George Barker, of the Secret Service, tes-
titled to recei wing fro II McElhone the Camp
bell response. He called at No 1901 o
street. this city, to procure it. The Camp
bell letter was dated February 10, 1897.
George w. HaZen, an agent of the Secret
TO % AHoIH
hone, aud identified small tin box pre-
sented as one he had received upon Nc
Elhone's order on February 10 from his
home at No. 1901 o street. This was after
the arrest. Mr.. Hazen also identified the roll
of the regiment Of artificers, dated August
4 4,1776 paper which McElhone handed to
witness after his arrest This was a paper
mentioned In the Indictment. A number of
papers taken from the tin box shown to
have been in possession of McElhone were
also identified.
Mr.. Hazen testified to the recovery of the
papers, among them the Benedict Arnold
letters, the Braddock orderly books, the
memorandum of the return OF the troops
under Gen. Sullivan. the John Hancock
commission, and others, some having been
obtained from w. E. Benjamin, of New
York, the others from MI Havemeyer
Mr.. Hazen was subjected TO cross-exam-
ination to show that the papers recovered
from McElhone were voluntarily surren-
dered; that he Informed the Secret Service
officer that he obtaiped them Of Turner,
and that he had said he did not know they
were stolen. Objections were made to
the cross-sxamination by the Government
attorney, but the court overruied the OBJ
lection.
Mr.. Naa~n was asked IL he had not told
NcElhone be was evidently an INDECENT