Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-04-23
Young Men Charged With Selling
Important Government Documents.
TAKEN FROM CONGRESSIONAL LIBRARY
Mr.. Spofford Identifies Handwriting
Of Gen. Washington.
HE JURY CHO SEN

The trial of Philip McElhone, who to-
gether with Lewis Mckenzie Turner,
stands charged in three indictments with
having abstracted certain valuable manu-
scripts and documents from the Congress
sional Library last January, was COM
menced before Judge Bradley, in Criminal
Court No. 2. this morning. District At
torney Davis prosecuted on behalf of the
government, Messrs. Joseph Shillington,
Obear and Douglass and F. s. Keys repre-
senting the accused young man, who with
Turner was employed at the Congressional
Library at the time Of the alleged theft of
the papers.
Some time was spent in selecting a Jury
although the government stated that it was
satisfied with the first twelve talesmen
called into the box. The delay arose out Of
the contention of counsel for the defense
that. as one of the indictments charged
the commission of felony, they were en-
titled to ten peremptory challenges. Then
arose the question, what is felony? one
which is said to have never been finally de-
termined in this jurisdiction. Counsel for
the defendant submitted that the iudict-
ments really amounted to an accusation of
grand larceny, and that, although the pun
lsnment might be fine or Imprisonment, the
onenses alleged to have been committed
amounted to a felony.
Mr.. Davis, however did not so acre. and
Judge Bradley intimated that unless COIN
sci for the defense submitted such authori-
tles as would cluse him to rule differently.
ne would hold that the alleged offenses ore
merely mlsdemeancrs and that the de-
iehse would, therefore, be entitled to but
tnree Deremptory CHALLENGES
AFTER some further discussion, Judge
Bradley held that the defendant was en-
titled to but three peremptory chaiIenees
whereupon counsel for the defense noted
an exception, and the following we're
sworn as she jury. Nixon Brewer, Charles
van. Henry Bredekan,p G. A. Thomas
lanes lanes Waters VIM. H. Braund, James
fearson, William Watts Geo. w. johnson
ana ny, virginius 7; Elliott Then, upon The
motion of Mr.. Davis, Judge BradJev or-
oered that the three indictments he can
soIoated, the defendants ATTORNEYS noting
another exception.
The Charges.
In explaining the case to the tu,y ,tr
DAVIS stated that he would show thar the
Two young men were employed at the Com
ressional Library, being trusted employees.
among the many collections of rare and
valuable papers and. manuscripts :n tho
ipfary' said Mr.. Davis. was one known
as ehe feter Force collection, purchased
Dy the government several years ago for
$ioo,oU. Ihis collection, he said, the two
young men had charge Of and free access
70. ana 1t would be shown that they alb
stracted the alleged stolen manuscrints
ana documents and sold them. Among
them, explained Mr.. Davis, were several
letters or George Washing ton, three tf Ben
eoict Arnold, one Of Thomas Paine and a
private diary of the first President.
Counsel for the defendant reserved their
opening, and Mr.. Davis called as the first
witness FOR the government Librarian A
r. Spofford.
Papers Identified.
After stating that he has been librarian
since 1854 Mr.. Spofford said that when
Turner and McElhone were arrested las;
February the former had been employed in
the library eight years. and the latter three
Years. The Force collection was placed in
a separate room and kept under lock and
Key the Key being never out Of the posses
sion OF Mr.. Spofford. Turner, who was in
charge of musical copyright had a desk
Lear the room In which the Force collection
was kept. McElhone being stationed in an
olher' the north wing of the present libra
ry.
The first of the alleged stolen papers
one IN the handwriting of Washington and
relating 10 General Sullivan's army dur
ing the war of Independence was identified
by MIR. Spofford. MIR. Shilling.on suggest
ed that as Mr.. Spofford had never seen
Washington write he could hardly swear
that the paper in question is in the first
Presidents handwriting Mr.. Spofforl
however, explained that having seen hun
dreds Of Washington's autographs and
writings, and having studied them fer
years, he could swear the paper is in
Wasnington's handwriting and he so tes-
titled.
The next papers identified by Mr.. Spor-
ford were two letters said to have been
written by Benedict Arnold in 1850. Then
Mr. Spofford was handed a private diary
In the handwriting of Washington, run
ming from May to November, 1857 writ
ten during the sitting Of the constitu-
tfonal convention, which he identified as
being part of the Force collection, and
one of the alleged stolen documents. Still
another was circular letter signed by
Washington in 17s3, and then Mr.. Spofford
Identified two orderly books of Cen Brad
dock, part of them being In Washington's
handwriting. All these papers and ,.ocu-
ments, said Mr.. Spofford are of unspeak-
able value. The Arnold and Paine letters
were next identified by Mr. Spofford. and
then regfmental roll signed by Wash
ington.
After recess and up to the time The
Stars report closed Librarian Spofford was
on the witness stand. He identified the al
legged stolen documents and was cross
examined at length.
Army Orders.
Lieutenant Thomas M. Defrees, 9Th In
fantry, has been ordered before a retiring