Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-12-15
ENDS,
Attempt to Have the Jury In.
structed for the De.
PENDANTS.
MOTIONS ovERRULE1 BY TIE JUDGE

NOTIONS 0VERRULEH BY TIE JUDGE
Martin Iries, Inspector - the Storm
Drain, the Tisss Witness 70 Testify In
Bshaif Of the Aeosssd Partiss-Hs says
He Knew Nsshing q the Change N Cs-
nsass-Iesss Asds By W. D. 0roaaa.
The prosecution in the storm drain
conspiracy case rested at 10 O'Clock
this morning.
At this jupcture the jury was
Withdrawn from the court room and
motions were made BY the defend.
ants attorneys to instruct the jury
to End their respective clients not
guilty, because, It WAS claimed, no
evidence Of conspiracy had been
shown. These motions we're prompt
ly overruled by Judge Gest.
The defense thereupon proceeded
to put in its evidence. The only
witness examined before noon in be-
half of the defense was Martin Frick,
the inspector Of the drain. In brief,
he said that the drain and the mate
rial entering into its construction
were good and met his approval. He
said bank sand was used on Q por-
tion OF the drain and Was used with
his consent; that he considered it
good and suitable. He said com.
plants were made from time to time
BY the workmen IS to the mortar,
and he had the defect remedied. He
said he knew nothing about the sub.
stitutiou Of Milwaukee for Portland
cement; that the failure to use con.
crete Was BY direction Of Mr.. Pad.
dock.
| John Molhssr.'s story.
The principal witness at yester.
day afternoons session was John
Mulhern, one Of the defendants.
.honest old john" as he is famil.
irrly called. The court admonished
him before he was examined that he
need not testify unless he desired to
that he could not be compelled to
testify. Mulhern SAID be was will.
ling TO tell all he knew and that he
would tell the truth about his con.
Injection with the matter. As stated
yesterday. he said that he was work.
ling up near Elm street and Nevin
Icame to him and asked him how he
stood with the city. Witness said.
all right; that Whatever work be had
done for the city was done right and
he stood we'll with the city. Nevin
thereupon told him to come down
with him to Looney & Kelly's office.
He did so. They then told him
to sign his name to o bid
for the storm drain. He did
SO without reading IL or knowing
anything about 1t. 1t Was within q
few minutes Of 5 O'Clock when the
bids had to be signed with the city
clerk, and there was NO time to
!spare. No arrangement was made
about Q division Of the profits OF
any thing Of the kind. No talk was
had ss to what the profits would be,
or what the amount Of the bid wa,
to 10. Witness declared that he did
nothing about securing . bond, and
Ibid nothing about the matter of the
contract further than signing what
papers were handed to him to be
signed; that all be put into the jot
Was GIG; that when the work wa
stopped on account Of the lack OF
funds to pay the men. he had fire.
4 queus inter views with Looney and
Scbnell. and they told him that he
was nothing but figurehead in the
matter and must get out; that ate,
consulting with the mayor and city
attorney. he concluded that the best
thing he could do WAS to assign the
contract over to Schnell. Tho tes.
timony Of the witness was frank and
straightforward and impressed every
lone.
Cement Tests.
| The last witness at the afternoon
session was w. o. Gronan, Q mechan.
ical engineer in charge of the draw
ing and laboratory at the arsenal,
His testimony WAS exclusively ss te
tests made Of various cements and
sheir comparative strength and
worth. He said that for many years
liz the past the cement used in many
parts OF the work on the island wal
Milwaukee and other natural &C.
ments. but that his experience had
taught the authorities there that the
natural cements were OF little value,
and they had Of late years discarded
the Milwaukee and natural dement's
IenSirely. A. An instance OF the stay.
ling qualities OF the Milwaukee ce.
ment he cited the case OF the water
|power dam built of that material,
which went out in 1890, after being
built is years. Witness made q
thorough examination Of the cemen,
in this dam after the wall had gone
out, and found the Milwaukee 90.
ment utterly rotten. whereas the
Portland used to connect certain
!. parts Of the dam with . tool house