The San Francisco call., 1897-10-14
DILLARD WAS
WE'LL ROASTED
Lawyer McNab Charged
Him With Committing
Forgery.
Special Agent Thrasher Was
Also Placed on the Ora
torical Gridiron.
Argument Begun in the Embezzle'
ment Case Against Ex-Colleotor
Welburn.

An interested crowd sat IN UnlteQ SLaLeS
Judge de Haven's courtroom all day yes-
terday listening to the clear and iorceful
argument for the people OF Deputy Dis
trict Attorney Bert Schlesinger III the
Welburn embezZlement case.
The crowd was made up mostly of Fed
eral officials and other persons inteIes sted
in political affairs, but the most interested
persons in the court were the relatives OF
the defendant. His wife, a niece of ex-
Secretary Carlisle, her two daughters and
her son, occupied chairs back of the at
torneys.
Among the other spectators there were
but two women, and they had been at
tracted to the courtroom by curiosity.
Mr.. Schlesinger entered upon his argu-
ment at IL o'clock, and resumed at 10
minutes after n the afternoon at the
conclusion of the noon recess, Mr.. Well
burn being ten minutes late.
His tardlness gave rise to considerab bic
speculation. HIS wife and daughters
fiom time to time turned their heads ex-
pectantly toward the door. His son went
out 10 look for him. Then Mr.. Gould,
one OF his attorneys, went on the chase.
The minutes licked away in ponderous
silence, Judge de Haven shifting uneasily
in his chair. until every one expected that
the Judge would administer a sharp re-
buke to the tardy defendant
Finally Mr. Gould returned and apollo
getically announced that ne had not been
able to find Mr.. We burn. Mr.. Welburn
was subject TO fainting spells, aud it was
likely that he had been taken with one,
said Mr.. Gould. 1t might be also that he
did not know that :he presence of the de-
fendant was necessary during the argu-
ment.
Judge de Haven remarked that proba-
bly, Mr.. Welburn was ignorant OF the me-
cessIIy for his appearance. Then they
waited again for few minutes and the de-
tendant came i'll and took his seat by Mr..
Gould without remark.
Mr.. Schiesinger commented upon the
testimony of Slnnott, and claimed that
his testimony had been amply substan-
tiated by documentary evidence about
which there was no doubt. Welburn's de-
Mai OF Sinnott's statement was character
lied as lie, and If Welbu-n lied about
one fact in the case he would lie about
another, and therefore should not be be-
lieved.
It was argued further that if Welburn
retained portion of NJ iss O'Brien's sal
ary-2nd ne admitted having done so-it
was unquestIona bly, true that he had also
retained a portion OF the salary due Mr..
Snnott. The O. BrIen voucher was in tie
handwriting OF Welburn all the way
/ through, anu ii was not OeDleU mat the
signature OF Welburn was genuine. The
voucher signed By him was 10 the effect
tnat the services had been actually rem
dered by Ms O'Brien, whereas the fact
was that she had not performed any
services and had not received the SO men,
toned in the voucher "a being paId to her.
This transaction was not at all com patible
with Welburn's q sertion of innocence.
This was fact that Welburn could not
explain away. When he paid her $50 on
another occasion the voucher called for
$l29.
Mr.. Schlesinger's analysis of the evil
dence was thorough and shrevd. He
overlooked no points, and his arraign-
ment of the defendant, while unim-
passioned, was soorching.
Gavin McNab began the opening argu-
ment for the defendant at half-past 3
O. Clock i'll :he afternoon. He began by
pouring verbal yItriol upon the head OF
Colored Messenger billiard, the principal
witness for the prosecution. Attention
was pointedly called to the fact that Dill
lard had admitted on the preliminary ex-
animation that he had committed forgery
his wages were raised from $500 to $500
per annum. Mr.. McNab was of the opin-
ion that "this negro DiIlard," as he called
him, should have gone to the peniten-
tiary.
'Aow long" be askel, do you think
that such man would consider the repu-
tation of man and his family2 When
DIllard saw Special Agent Thrasher smile
he went on testiiying in that strain, and
when he saw Thrasher frown this negro
changed his testimony till the smile came
back again.
Whenever there was a deficiency in
the evidence the CRY was More DIllard,'
and he came into court arm in arm with
the special agent Thrasher.
The defense didn't save this negro
from the peniteutiarv; it didn't raise his
salary from $500 to 1920 year; it didn't
pay him Tor his testimony, and he
couldn't remember anything that was in
! WeIburn's favor, but only those things
that were against him.
You saw this miserable wretch on the
stand writhing and squirming and striv-
ing in every possible way to avoid saying
anything in favor of this defendant"
The speaker charged the Government
agent with compromising a felony and
subornaton o. perjury. He believed
that that writhlng wretch" if promised
even immunity from the penitentiary,
would testify to anything. DIllari WAS the
missing link in the case whenever there
was gap.
Mr.. Sinnott was the next witness placed
upon the gridiron, and the vouchers and
checks were read for the purpose OF sub
Stimulating the testimony of Welburn.
Frank h. Gould will make the closing
argument for the defendant to-day. He
will be followed by United States Attor-
noy Foote.