The times., 1897-04-29
M'ELHONE IN HIS DEFENSE
He Makes Direct Issue With CO.
Defendant Turner.
SPICY COUNSEL COLLOQUY'
Counsel Douglas Moves McElhone's
Acquittal for Lack of Evidence.
Admits His Previous Statements
as to Purloining Were Not True.

Defendant Philip McElhone was on the
before Justice Bradley in the trial On the
charge of stealing valuable papers from
the Congressional Library. The witness
denied having known that the documents
sold by him and by Turner were stolen. He
said he did not know there was a Force
collection of papers in the Congressional
Library and saidhe received the documents
from Turner, the co-defendant who raid
they were from the estate of his father-in-
law, Henry Miller
Thelnquiries made of McElhone embraced
examination-iIi-c chief, cross-ex animation,
redirect, re-cross-examination, and some
interjections by both sides
The GovernHaent attorney questioned him
as to the sale of documents from his
fathers estate Witness said he had dis
posed OF sonie he had sent at one time
some autographs and letters, principally
autographs, to alacquaintancenamcd
KNAPP, in New York, with instructions to
deliver them to w. f. Benjamin. H.. after
ward inquired OF MIR. Ben jamin If he had
received them, and he had replied that he
might have, but could not be positive.
Witness was asked how he became ac-
quainted with Knapp. He said another
friend had introduced them
''In New York?''
yes
quired Mr.. Davis.
mo, SIR
Ever heard from him?''
"No, SIR
"And you entrusted those autographs
to Il casual acquaintance"
t'Yes. sir; l had forgotten Mr.. BenJa-
minis address" +"
''IIave you met Turner since your ar
rest?'' asked Mr.. Davis.
.'Yes, once
Didn't he then advise you to plead
guilty."
.No, sir; he did not"
"Did you ever offer to sell Mr. Lowder
milk, the street dealer, a work on
Pompei?''
.'Yes, sir; sold him work on Pompeii."
.'But did not you offer one, belonging TO
the Pompeiian series, volume s, OF the
Congressional Library, which he declined
to purchaser"
''No. SIR
Here followed Il colloquy between coun-
sci, when Justice Bradley interposed
he said the bandying OF words by at
torneys was Objectionable.
District Attorney Davis said he was
not bandying words.
"You are bandying words with Mr..
Shilington, Mr- Davis returned the JUS
tice You have been during the entire
trial.
The court desired that counsel should
address the court when they had any
thing To say.
Mr. Davis insisted that he had addressed
the court, and then said if he had pre-
surned that such rigidity of practice would
be required, he would have been more par
ticular from the beginning.
s'That viii do, Mr. Davis; that Will 90, >
remarked Justice Bradley. IF a little
more rigidity of practice were observed 1t
would conduce to better order.
AZ have observed this habit he con-
tinued, land hoped it would stop without
my being obliged to call attertion to it.
l do not want TO be harsh, but cannot
recognize that remarks are addressed to
the court when they are passed to and fio
between the attorneys
aIr. Davis next objected to question
asked by the opposing counsel, and asked
for the ruling of the court. His objection
was overruled, and just then the district
attorney addressed a remark sotto voce
to Chief Hazen, who sat near him.
what was that remark, MI Davis"
inquired Justice Bradley.
Mr.. Davis seemed surprised, but inn
mediately responded:
Why, your honor, just told Mr.. Hazen
] should telegraph and have Mr.. Ben jamin
here tomorrow morning"
Your remark was inaudihle, and l."
Mr.. Davis interrupted with; II beg par
don. your honor but do l understand you
doubt that is what / said?''
"Oh, no; Mr. Davis; / DO not doubt your
word. have no reason to doubt it, was
the courts response.
a little later Mr.. shillington was making
an inquiry Of MI. Davis, direct, when the
latter said, banteringly:
''You will please address the court; don't
talk to me-"
And Mr.. Shillington smilingly turLcd
and made his inquiry through the court.
McElhone was closely questioned as to
the supposed transaction S in papers, belong
ing to the Miller estate. He said he
understood from Turner that they were
boxed up somewhere, and the appearance
Of the samples, he said, Indicated It.
Turner had sold some documents iEde-
pendentiy, he said. McElhone did not share
in-the proceeds OF those sales, but Turner
always participated in his, McElhone's,
sales.
n fv.f.. r1a,1