Evening star., 1897-04-27
MaElhone's Col Defendant Gives Some
Sensational Testimony.
BE DESCRIBES THEIR OPERATIONS
Historic Documents Taken From
the Congressional Library.
DETAILS OF THE EVIDENCE

y,
where they had been employed for several
years. a number of papers from the Peter
Force collection. was resumed before Judge
Bradley in Criminal Court No. 2 this morn
ing it was the understanding that the gov
ernment would close Its case before recess
today. AS on the preceding days of the
trial, the court room was crowded, a large
number of the spectators being friends of
the young defendant.
Just before the trial was adjourned yes
terday Afternoon Judge Bradley made
ruling which was regarded as quite a vic
tory for the defense. District Attorney
Davis had offered to place in evidence the
papers and letters identified as having been
tn the possession of the defendant. but
which had not been mentioned in the three
indictments returned against the young
men. Mr.. Davis contended that the docu-
ments, having been shown to have formed
part of the Force collection, that the fact
should be allowed to go before the jury as
tenoing. should their possession by the de-
rencant be unexplained, to prove that he
had abstracted them and also those named
in the Indictments.
The offer was objected to, of course, by
counsel fer the defense. and Judge Bradley,
IN Overruiing the offer, after holding that
the defendant should be required to only
account for the documents alleged in the
indictments to have been stolen, said,
among other things:
Now, 1t is urged inasmuch as the United
states cannot appeal nor prosecute a writ
" error. that the court would violate It's
own 1udgment-or perhaps Mr.. Davis did
not mean to go as far as that-that if the
court has any doubt as to the propriety of
the position that the prosecution has as
sumed. the court should resolve that doubt
agar ST the accused, and in favor of the
Prosecution. In order that the question
might receive the light of wisdom of the
Court or Appeals. and with the certainty
that the Court of Appeals would do the de-
fendant justice. Whether the Court of Ap-
peals would do the defendant just or not IS
not Tor me to determine but it Is clearly
not my duty. when l air of a clear and
decided opinion upon question of law, to
decide that question adversely to my own
Judgment. In order that the supposed su-
perlor wisdom of the Court of Appeals NAV
be had upon the same question. 1t is moi
my duty, think. to subject the accused to
tn. tender mercies of the Court of Appeals.
ana shall not do it, The offer is over
ruled"
Today's Testimony.
Inc hrst witness called by District At
torney Davis this morning was Bookseller
VIM. ]. Camrbell of PHILADELPHIA. He
ldehtihed letter written to him by Nc
Elhone last February inclosing two letters
said to have formed part of the Force co.,
lection. but not mentioned In the indict-
ments. He did not purchase them, the
letters being autograph ones of Robert
II. Morris and William Williams.
Autograph Dealer Walter r. Benjamin
OF New York next testified, valuing the
Morristown letter of Washington at sG0,
but when shown the two alleged Benedict
Arrold letters he gave it as his opinion
tnat they are not in the handwriting of
Arnold, but in the handwriting of Arnold's
secretary. Richard Barry. He valued them
at s. apiece The Newburg Washington
circular letter ne valued at $780, and the
Braddock orderly book in the handwriting
of Washington in the thousands. The
letter of Tom Paine he valued at S30 and
the roll of artificers, signed by Washing
Tn. at $50. The commission of Colonel
valued at sl5. The William Williams let
ter he valued at so, while the diary of
Washington is worth, he said, from $50
to $1,000.
Mr. Benjamin stated that he corresponded
with both McElhone and Turner last fall,
but explained that none of the papers al
legged in the three indictments to have been
stolen were purchased by him from Nc
Elhore. One of the letters written by Mr..
Benjamin to him last October was offered
in evidence, when counsel for the defense
objected Mr.. Davis explained. that the
defendant claims to have been the innocent
dupe Of Turner. and he desired to show by
the letter that Mr.. Benjamin warned him
that Turner'S honest possession Of the
papers offered for sale was doubted, and
that letters written by the witness to Tur-
ner to the same effect were seen by Nc
Elhone. In other words said Mr. Davis.
he desired to show that the defendant had
not been, as he claimed. an innocent duoe
of his alleged confederate.
Counsel for the defense renewed their OBJ
lection submitting that the offer should
not be accepted, first, because the letters
do not refer to the papers mentioned in the
indictments, and because If evidence at all
there would be evidence in rebuttal. and.
therefore, not proper at this stage Of the
case.
Judge Bradley said the defendant stood
charged not with receiving stolen goods
knowing them to be stolen; but with lar
ceny, and, therefore, the objection would
have to be sustained for the present. al
though the offer might be proper later On.
Turner Called.
Mr. Davis then caused a decided seEsa-
ton by excusing Mr.. Benjamin from the
stand and calling his next witness
Lewis Mckenzie Turner, who stands joint
ly indicted with McElhone. Mr.. Shilling
ton, of counsel for McElhone, promptly OBJ
jected to Turner's testimony, on the ground
that as the case against him has not been
disposed OF he cannot testify against his
co-defendant.
The objection was argued at great
length by Mr.. Shillington. who read numer-
Gus authorities which he contended sus-
tained his assertion that while the indict-
ments against Turner remained undisposed
of he could not be called as a witness
against his co-defendant. In reply Dis
trict Attorney Davis submitted but a single
authority, that of Benson against the
United States. decided by the United States
Supreme Court in an opinion delivered by
Mr.. Justice Brewer. reported in 146 U. s..
32h. In that case the Supreme Court held
that q Jointly indicted person whose case
is undisposed Of Is a competent witness
against his co-defendant. Judge Bradley
therefore oyerruled the objection made BY
Mr.. McElhone's counsel remarking that
he desired no higher authority, and allowed
Turner to be sworn, directing recess un-
til 1 o'clock.
Turner Turns States Evidence.
When the trial was resumed after recess
Mr.. Davis called Turner to the witness
stand, and after Judge Bradley had ad-
vised the witness that he could not be COM
PEELED to testify. and that he need not say
anything against himself, Turner stated
that he understood all that and desired to
testify. He explained that he had been an
employe in the Congressional Library for
about eight years, and, as the alleged
stolen papers were handed to him. he iden-
titled them, namely. the return Of General
Sullivan's troops. two Arnold letters, the
Newburgh circular letter, WashinEton's Is
diary. Braddock's orderly books, Paine's
letter, the roll Of artidcers the Cortland
Al