Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1897-07-08
TELEPHONE IN LAW.
First to Admit Conversation Over the
Wire as Evidence.

recnt dispatch frcm Anderson,
Ind, said that Judge Bundy of that
place established a precedent for
courts all over the United States by
allowing conversation through a
telephone to be admitted as evidence
In the suit before him the conversation
through a telephone had distinct and
material bearing on the case. Lawyers
for the defense objected that the
identity of the person talking through
a telephone could not be proved as that
of the defendant.
81 find that his point has never been
ruled upon,' Judge Bundy is reported
as saying "and | thinA it is time a
lecedent were established. | now adj
nit the legality of the telephone, and
the conversation will be permitted to
go in as evidence"
In this statement Judge Bundy made
a mistake. A precedent had already
been established, and the point had
been ruled upon. In 1894 Judge Bene-
dict of the United States circuit court
of the southern district of New York
decided this very point, and en- the
evidence so admitted the prisoner was
sentenced to term in prison, which
he Is now serving In this case John
Matthews, Thomas r. Jones ard
William Todd were accused of conspir-
ing to defraud the United States gov
eminent by illegally and fraudulently
securing goods that were In the United
States customs warehouse. The In
dictment against them was fled March
13. 1894. Matthews was arrested, but
the two others named in the indict-
ment managed to escape. March "a,
1894, Matthews was arraigned before
Judge Benedict for trial The prose.
cution was looked after by Assistant
United States District Attorney John
O. Mott, who is now a city magis-
trate. Lawyers Cha rles A. Hess and
Charles p. McClelland appeared for
the defense.
The trial lasted until June 7, 1894
The defense fought bitterly and it was
finally found necessary, in order to
Prove that Matthews had conspired, to
offer as evidence conversation be.
twe cen Matthews and driver in his
employ named Samuel Nicholas When
Nicholas was called to the stand As
sstant District Attorney Mott proved
that Nicholas knew Matthews voice
through the telephone, and had re-
ceived orders from him many times
over the wire. Then he asked Nicho-
las to repeat the conversation that
Matthews had had through the tele-
phone The lawyers for the defense OBJ
jected strenuously on the ground that
there was no way of proving absolutely
that the person spoke to Nicholas was
Matthews. Judge Benedict ruled
against them He said that the tele-
phone was almost universally used in
commercial transactions; that thouS-
ands of dollars were involved every
day In deals consummated over the
'phore; that property could be legally
transferred in this manner, and that
In all these cases the question Of the
identity of the talier had never been
raised Judge Benedict said that he
therefore saw no reason why q person
familiar with the voice of another
person talking through telephone
should not have the right to testify in
court rs to any conversation he had
had with such person On this evil
dence and ruling Matthews was CON
victed of conspiracy and sentenced tc
a term in the Kings County peniten-
tiary. He was afterward indicted for
perjury on account OF evidence he had
given in his own behalf and on this
charge also he was convicted and SEN
fenced. He is yet in the Kings County
penitentiary serving his two terms
New York Sun