The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-04-27

.ar. . --- any ana every charge that
might be made, but We're restricted u the
| contents Of the Indictment, and partly be-
cause to admit the letters would trench
| upon the ruling Of The CuurCon sitnlarp points
during yesterdays proceedings.
Tie question was discussed by counsel.
at times the ColloquieS becoming somewhat
heated. District Attorney Davis once re-
ferred 70 a remark let fall by MT Douglas,
Of the opposing counsel
The remark was wholly uncallc1 tor,
your honor" announced MT. Davis.
II cannot Imagine to what Remark you
refer" began Mr. Douglas, hut Mr.. Davis
relnin ded him that ne had the floor, and
continued:
"Am | to sit here, your honor, and pro
duce primers in law for the benefit of the
other side?"
The controversy was in respect or the
release Of Witness w f. benjamin, of
New York, who left for home last night.
He had been subpoenaedb by the Government,
and was also afterwards subpoenaed by the
defense He had been released by the
Government, but was advised not to leave
the city until he had seen the opposing
counsel He afterwards saw Nessrs Shil-
lington and Douglas, and was also relea sed
by them.
The Justice denied the admission of the
letter, stating, among other reasons, that the
defendant was not on trial for receiving
stolen Goods, knowing them to be stolen,
but for larceny. The letter was not of the
character to rebut
Your honor Sustains the objection?'
inquired the district attorney.
For the present
Then that is al we have to do with
MIR Benjamin for the present. returned
Mr. Davis.
'Can Lewis Mckenzie Turner" added
the district attorney and the announcement
of the name created a sensation.
Counsel for defense imn edateIy OBJ
iected, and the Importance OF the expected
testimony was apparent
What authority have you for this ex-
animation, Mr. Davis inquired the court
Mr.. Davis had sent for some authorities
Meanwhile, Mr.. Shillington read Bishop
on Criminal Practice, the quotation upon
which stress was laid being that one or
more co-defendants cannot become a wit
ness against another, even IN a separate
trial, without his own case has been first
disposed Of
Witness Turner asked for permission t.
consult his lawyer, Mr.. a. A Lipscomb,
and soon thereafter took the stand. pending
the inquiry into authorities. The placing
of Turner on the stand was evidently
in part to defend him gainst the imputa-
tion that McElhone was an innocent in
strument in his hands for the disposal Of
the documents.
1t was a battle royal between counsel,
lasting considerably more than an hour
but as the conclusion of the argument
District Attorney Davis quoted an opinion
OF the United States Supreme Court which
distinctly upheld his contention.
Justice Bradley decided that Turner's
testimony should be admitted, remarking
that he needed no better authority than
the United States Supreme Court
Court adjourned with the understanding
that Turner should be the first witness
after recess.
Promptly at 1 O'Clock Turner went on
thestand and practically made confession
He was previously notified by counsel and
by the court, that he need not answer uues-
tions which would cTiminate himself; that
If he did the evidence might be used gainst
himself Turner acknowledged that he
knew the effect OF the testimony.
He said he had been employed in the
Congressional Library for about eight
years. He identified sUndry papers shown
him as having been part Of the collection
In the Library, and said he first saw them
in Mr. Spofford's room. lie went In, saw
them there and examined them, at first
through curiosity.
Afterward be and MeElhone distracted
certain Papers at different times, which
he named, and be and the defendant car