The Providence news. (Providence [R.I.]) 1891-1906, 1897-03-04
THE FIFTH DAY.
Testimony In the Steinert Case
Completed.
Afternoon Session Devoted 10 Argume nj
for Plaintiff.

The trial Of the case to recover money
from the NJ. Steinert & Sons corporation
alleged To belong To the estate of Cyrus
United states District Court nj lO:3O
O'Clock this morning before Judge AL
drlch. This Is the fifth day of the case
Mr.. Fitzgerald, the Boston expert. was
called and he testified that he had verified
shortage on the cash book since he
testified before. The amount was S25s3.
Bookkeeper Beach testified he had flQ-
ured that sl396. AZ should be deducted from
Mr.. Warmers statement of the shortage
he found on the books. OF that amount
s692. il was not in Mr.. Armstrong; hand
writing and 1921. II was i'm doubtful
handwriting, and various other small
amounts which appeared on the books.
This cncluded the testimony.
Attorney Miller began the argument for
the defence at l0:45 O'Clock and spoke two
hours. He paid particular stress 20 the
unreliabiiity OF the testimony OF the prin-
clpal witness for the prosecution, the re-
liability of the testimony of the
expert accountants, who all agreed
that there was shortage according
to the books, and to the fact that
there was an actual embezzlement Arm
strong himself had admitted il with tears
In lsis S4scs, and said that he had been
taking Steincrt money for long time.
lie could give no explanation beyond the
statement that he had taken the money
because he had becn unfortunate in his
Investments, and had intended to nav
the money back. That he had paid more
than 5000 TO the Steinerts without pro-
test even after he had been advised not to
do SO by intimate friends That he had
done what he did under duress was not
proven; that exactly the opposite had
been shown, and that he had paid the
A. hAf hal. Il.
"A single murmur Mr.. Miller paid some
stress TO the fact that Cyrus G.. Arm
strong, who was 40 years old. had con
sented To dishonest transactions on the
Steinert books by raising the accounts on
the orders or advice OF the sStcinerts, who |
were mere boys, scarcely more than 81 |
years Of age. There was no evidence thnt |
Armstrong was under mental distress |
beyond that natural TO his own misdo- |
lngs, and that he had paid the money |
willingly and without protest There /
was not single iota of proof that the de- |
ceased had been under durcss. That Mr. |
Armstrong was coward was refutcd by |
equitable witnesses; that he was man |
likely TO resent charge of dishonesty II |
nc was guiltlcss was proven. Mr.. I'd |
Nard is mental wreck. The light of |
lis reason has gone out Had it been
otherwise we would have called him as |
Inc first witness. All that has been said
VI MN comes from some one else and the
eliabllity of that testimony is question
d. Alr. Armstrong was not AN honest
nan. III he was he would not have con
cnted to the fictitious accounts on his
looks. After IL is alleged that he was
lnder duless Armstrong wrote n letter
o the Stelnerts recommending q personal
riend who wanted TO buy n piano. This
howcd that Mr.. Armstrong was friendly
o the corporation that had dealt SO leni-
ntly with him, and showed clearly that
e was not under durcss