The times., 1897-04-27
THE TRIAL OF M'ELHONE.
Justice Bradley Takes 0ffense at
Remarks Made by Mr.. Davis.
SEVERAL WITNESSES TESTIFY
The Court Rebukes Detective G.. w.
Hazen for Having Searched Nc
Elhone Before Ee Had Been Placed
Under Arrest-An Important Adj
mission Made by the Defendant.

The second days trial of Philip Nc
ElhOne, charged with theft of valuable
papers from the Congressional Library,
closed yesterday, at $3.50 p. IN, with ~
i. Hazen, chief of the secret service, as
the last witGess TX amincd. a slight SEN
satiou was produced Just before adjourn
Hent for the day Justice Bradley had
heard the arguments OF counsel for and
against an offer by the Government of
number OF documents, as evidence. which
were recovered In New York, and alleged
to have belonged u the Library, but winch
We're not mentioned in the indictment
District Attorney Davis contentled that
he had connected the defendant with these
documents, and that it was competent 10
snow the theft of other articles from the
same place as tending by circumstantiai
proof IL estabIish the guilt OF the ac-
cused
The defense argued that it must be
shown that the articles not included in
the Indictment were stolen, if stolen. at
the same time the others were. The coun-
sci concluded that the authorities quoted
by the district attorney Were in reality
against his position.
Mr.. Davis said, among other things. that
il the court had any doubts as TO the
propriety OF the rulings asked for, he should
resolve those doubts In favor of the Gov
ernment, since in the event the case should
be reviewed by the court of appeals as
might occur, the rights Of the defendant
would be amply protected.
This evidently nettled Justice Bradley,
as appeared later in the language en-
ployed in deciding the point. He informed
Mr.. DAVIS, in the courseof his opinion, that
he had carefully examined the authori-
ties cited by him, and that every one OF
them failed to sustain his argument and
upon a suggestion OF a possible review by
the court of appeals the justice said Now,
IL is urged, inasinuct as the United States
cannot appeal nor prosecute u writ of
error, that the court should violate its
own iudgnent-or perhaps Mr.. Davis did
not mean to go as far as that-thatif If the
court has any doubt as to the propriety
OF the position that the prosecution has
assumed, the court should resolve that
doubt against the accused and III favor of
the prosecution, i'll order that the question
might receive the light of the tradi tianal
wisdom of the court OF appeals, and with
the certainty that the court of appeals
would do the defendant Justice
Whether the court of appeals would do
the defendant justice or not is not for me
to determine; butit is clearly not my duty,
when / am of clear and decided opinion
upon a Question of law, to decide that
question adversely to my own Judgment
in order that the supposed superior wis
dom OF the court of appeals may be had
upon the same question.
at is not my duty, / think, to subject
the accused to the tender mercies of the
court Of appeals, and | shall not do it.
The offer is overruled.
The Government witnesses examined dur
ing the day were Hon. A. r. Spofford, the
Librarian of Congress: Mr.. Havemeyer, Of
New York: w. j. MaDus, George Barker
and George w. Hazen, of the Secret Ser
vice: Chief w. P. HaZen, of the same SER
vice, and several others, including two of
the employees in the office OF w. +. Ben
1apain in New York. The latter two and
Mr. Benjamin all identified McElhone as
having been in New York offering certain
manuscripts for sale, and the two enl-
ployes mentioned also identified Turner as
having been there with McElhone
Inthecourseu of the examina tionof George
w. Hazen, of the4Secret Service, it was de-
veloped that Mclahone had voluntarily adj
mitted the possession of one of the docu-
ments, having itfin lbs possession at the
time OF his apprehension. Also that he
authorized the agent to procure a small
tin box containing Others from his home, at
No. 1901 o street northwest. These docu-
ments were dulysidentified as having be-
longed to the Force collection in the
Library, and some We're mentioned in the
ind ctment. McElhone claimed to have re-
ceiyeei these from TuFner. The remark was
made by the agent that Nc Elhone had been
searched. The court inquired If the de-
fellant was under arrest at the time he
was searched. Thc witness said he was rot.
.The court thereupon informed the de-