Omaha daily bee., 1897-01-09
HIS MEMORY SLIPS A COG
Treasurer of the Santa Fe is Somewhat
Forgetful
clNNoT IDENTIFY CERTAIN BOOKS
Case Against John A. Hnnlcy for
violation OF Interstate Conn
mcrcc Law Goes to
the Jury.

CHICAGO, Jan. S.-The case against John
A. Hanley for violation of the Interstate
commerce law prohibiting rebates was ar
gued today and was sent to the jury at the
close of the afternoon session.
The government placed on the stand Ed
ward Wilder secretary and treasurer OF the
Santa Fe railroad, to Identify the minute
book with respect to the change OF name
of the corporation February "a, 1893 Mr..
Wilder did not prove an exception to the
lack of knowledge displayed by the railroad
officials who have preceded him on the stand.
He was not positive that the book in ques
tion was the official one. 1t resembled the
same, he said, and 1t contained the minutes
of the stockholders meetings. He could
recognize some of the writing in the book
as the personal work of his predecessor,
G, w. Pierce.
Judge Grosscup was evidently under the
impression that Wilder's official position and
the manifest character of the book were
ample proof of Identification, for he allowed
Tho SAME to be admitted in evidence despite
..ttorney Forests objection
General Black led off the argument for
the prosecution. He was stopped he
was getting into the midst of his speech by
an objection OF Attorney Forrest. General
Black demanded Of the court that he be not
interrupted in such manner during his
address.
Let Mr.. Forrest have an exception to
everything l say, but do not let him in
terrupt me-"
The court told Mr.. Forrest that he could
jot down his objections and they would be
allowed but the general must not be in
terrupted.
The arguments of the attorneys were fin
ished early in the afternoon, and Judge
Grosscup began the delivery of his charge to
ha hp a
charge was more favorable to the defendant
than against him.
The court drew the distinction between
the payment of rebate and the understand
ing that shipment was made at less rate
than the regular one. He said Habley was
not on trial for the payment of a rebate, but
for agreeing to deviation from the regular
rate OF shipment, and that this fact must
be borne in mind by the jurors. The giving
of rebate was not a crime alone, unless 1t
was established that there had been an
agreement at the time of the shipment.
"If," said the court. "Hanley had no
knowledge OF the original agreement, then
the payment Of the rebate was not crime
Taylor If you believe him, connects Hanley
in some way with the transaction relating
to the rebate If Taylor's testimony is broad
enough to carry Hanley's willful and know
ing conduct back to the original agreement
concerning the shipments, then the question
is doubtful matter.
"The jury should with great caution inspect
the testimony of a participant in crime. II is
better that such testimony be corroborated
in every point. The point in this case is
the corroboration of Hanley's connection
with It. You are at liberty to believe Taylor
without corroboration. / find it my duty. as
judge, however, to caution you against
easily believing without corroboration man
who has been a participant in crime"
The jury retired at $50. with instructions
to return a sealed verdict. They reached an
agreement within ten minutes after leaving
the court room, but its nature will not be
definitely known before morning. 1t is the
general opinion that Hanley will be acquitted.