The times., 1897-04-29

morning, and In the course OF hts examlna-
tiun the first OF these occurred
The first ques tion propounded to him
was as to how he firs t learned there w as
value upon the papers in the Force
collection. Counsel for the defense OBJ
jected, but the objection was oyerrnled-
The witness ans wered that his attention
was called to some scrap-books. He and
McElhone subsequently distracted papers
from the scrap-books, tearing them out
bodily. He also stated that until he was
informed by McElhone he had no knowl-
edge whatever OF the value of old manu-
scripts.
Severalquestions were propounded at this
point, to which the defense objected. The
object of the queries was to identify the
roll OF eregimant OF the artificers and the
paper noting the return of Gen. Sullivan.
The court stated that the witness had
answered the questions fully previously,
and asked il he had obtained any additional
light upon the subject over night.
None, that can see, your honor said
Mr. shillington.
THAT is offensive" exclaimed Mr..
Davis
And there was a temporary lull. 1t was
q surprise, and resulted ultimately in Mr..
Davis saying, impressively:
I'm order to avoid any possibility OF
error in this matter, l close. the examina-
ton of this witness at this point
This was preceded by an explanation
by Justice Bradley that he did not intend
by the sueges ton made to reflect upon
Mr.. Davis. The witness was in peculiar
position, the court said, and the examina-
tion should be conducted carefully Wit
ness had counsel and had probably advised
with him. 1t should not be inferred that
the court meant to reflect upon the Gov
ernment attorney. Mr.. Davis answered.
.May 1. without offense, call the atten-
tion of the court to the suggestion that
the witness may have received additional
light over night?''
II have told you, Mr., Davis, that the
court did not intend a reflection upon you,"
and the justice proceeded more particu-
larly to assure Mr.. Davis that the re-
mark was not personal.
Mr.. Davis again stated that he would not
pursue the examination. lie had placed
the witness on the stand he said, without
previous consultation with him. Els pur-
pose today was to enter into more Far
ticular examination ard elicit facts which
he could not bring out unless he were per
niitted to proceed Gu the iine he had laid
down.
District Attorney Davis, a little later,
called Attorneys 4. 4. Lrsconlb and j.
h. Turner, counsel for the co-defendant,
Turner, and to each of them was uro-
pounded the question, as to whether or not
there had been any conversation between
them and himself, or between them aud
any one in his, Davis, office.
about calling the defendant, Turner, as a
witness, and each answered in the mega
tive. But he said they lad proposed 10
have Turner to plead guilty 10 violation
of the law of 1878, but that Mr.. Davis
would not consent unless he would also
plead guilty to all OF the indictments.
Attorney Douglas. Of counsel for McEl-
hone, moved that the court in
struct the jury TO return a YER
dict OF acquittai. upon the grounds that the
charge is not sustained by the evidence.
He reviewed the testimony and after nam
ing each OF the articles mentioned in the
Indictment. said there was insufficient
evidence to connect McElhone with the
theft of the papers or with the sale of
them.
observed, with Turner's evidence consid-
cred. was that McElhone might be in
dicted for receiving stolen goods, know
ing them 10 be stolen, but with Turner's
Testimony omitted, there was absolutely.
nothing TO convict McElhone Turner's
evidence was not corroi,orated. and was
contradictory.
Mr.. Douglas called attention TO the
fact that Turner had voluntarily infornled-
thecfef of tie scofetservice that Nc EIhone
wasinnocent. Turner stesumony whether
condemning or e1culpating the defendant,
should not be considered, but as, q mat-er
of fact. the witness had exculpated Me
Elhone as to six of the papers, and as
to the other three, the testimony was TN
worthy OF consideration as an clement
The court overruled the motion, where
upon Mr.. Douglas arose to present the case
OF the defense. He was proceeding with
his statement. when Dictrfct Attorney
Davis, in an aside. asked the stenogTapheT
to report the opening. 1t caused u slight
interruption, when Justice Bradley ad-
vise1 Mr.. Davis that Mr.. Douglas was not
witness.
''If the stenographer fails to report the
remarks. you have your recollection Of
Them was the courts comment.
II beg the pardon Of the court and every
body else. In order to avoid any posd-
bility OF a conflict in recollection. de-
sired the stenographer TO make note of
the opening address, returned Mr.. Da-
Wis.
Mr.. Douglas proceeded with his address.
William NJ. Young Barry Mohun and
Daniel Murray were called by the defense
and testified that although they were EN-.
ployes at the Library they had never seen
the collection of papers known as the
Force Collection and the first two
said there did know there was such col
lection there.
DIR. RIDGEwAY'S COMPLAINT.