Evening star., 1897-04-28
IN HIS OWN DEFENSE ] I
Philip McElhone Takes the Stand
as a Witness.
BE DENIES TURNER'S TESTIMONY
The Defendant Declares He Never
Saw the Force Collection.
FEATURES OF THE TRIAL

FEATURES OF THE TRIAL
TIE trial of Philip McElhone, charged
with Lewis Mckenzie Turner with having
between the 9TH of last November and the
9TH of February, stolen number of manu-
scripts and documents from the Peter
Force collection in the Congressional Lii
brary. was resumed this morning, before
Judge Bradley in Criminal Court No. 2, the
court room being crowded to its fullest
extent.
When the trial was adjourned yesterday
afternoon Turner, McElhones co-defend-
ant was on the witness stand having as
stated In The Star. been called as a witness
by District Attorney Davis on behalf of
the government. Before adjourning the
trial. at Mr. Davis request, for the day.
Judge Bradley took occasion to disclaim
any intention or desire to reflect upon the
Court of Appeals or upon Mr.. Davis in a
ruling made by him the previous day. being
unaware. he said, that his remarks had
been so construed until his attention had
been called TO the newspapers. Mr.. Davis
assured the court that he had not even
imagined that there had been any ref1ec-
ton by the court upon him.
Turner Resumes.
Resuming the stand today, Turner stated
that he first became aware of the value
of the papers in the Force collection fir I'M
McElhone. He first saw the papers in
SC me of Librarian Spofford's scrap books
McElhone first took the papers from the
scrap books and then he (Turner) assisted
ir taking them Sometimes the papers
were torn out. and sometimes they were
removed by soaking them out, the latter
proce being done in his Turner's) room
in tie library.
he took certain papers which were in
quired into yesterday, counsel for the de-
fer Sc objected, on the ground that the mat
ter mad been inquired about Yesterday.
Has the Witness" inquired Judge Brad
ley. acquired better knowledge over
night?"
'1t may be, your homer" remarked Mr.
Shilington.
THAT is offensive" sharply replied Mr..
Davis. Then the district attorney wen,
en- to explain that when he called Turner
yesterday as a witness for the govern
ment he had not then spoken d word to
Inn, and did not know what he would say.
During last evening he had fully Informed
himself to what Turner knew, and was
therefore today prepared to more intelli-
gently examine him.
Judge Bradley explained to Mr.. Davis
that the court had not for a moment in
tended or desired to reflect upon him. But
Turner had counsel, and he might have
consulted with him since the court ad-
journed yesterday.
Declined to Ask More Questions.
Mr.. Davis said, in reply to the court, that
his sole purpose in calling Turner was to
forward the administration of justice, but
that in order to avoid any suspicion what
ever, he would not ask the witness an
ether question.
Judge Bradley again assured Mr. Davis
that he had not intended or desired to re-
fleet upon him, and suggested that in view
of Turner's peculiar position in the case
he should he allowed to tell all he knew.
But Mr.. Davis maintained his determ.ua-
ton TO question Turner no further. and the
young man was then cross-eXamined by
Mr.. Shi1lington. -. 7.--,- -....
Turner stated to Mr.. Sh;llington that he
and McElhone are married and that mis-
tTurner's) father-in-iaw, DIR. Miller, IA.
native of one of the Carolinas, died aDo1t
twenty years ago. Turner then said that
until he was called 20 the stand by Mr..
Davis yesterday he did not know certainly
that he would be asked to testify, although
Lis attorney. Mr.. A. a Lipscom5. had told
him he might be- Turner also said that
he knew of no ARRANGEMENT by. which he
was to testify. He had always :oid the
truth about the case. or intended TO, but
admitted telling the secret service officers
the library and also admitted telling them
that McElhone Was innocent
Then" marked Mr. Shilling.on. you
did not always tell the Truth
We'll, no. replied Turner, ''in the light
of what / have testified to-.
That is ALL" said Mr.. ShillingtCn.
Judge Bradley asked Turner if it was
true that he refused to say anything at
Chief Hazen's ofnce IN the presence or Nc
Elhone- Turner said that he thought he
did not.
No Arrangement Made.
AS his next witness Mr.. Davis called
Lawyer c. Fl. Turner to the stand. Mr..
Turner said he is the associate of Mr.. Lips
comb, stating that while Turner, Ell
homes co-defeadant, had offered, through
Mr. Lipscomb, to plead guilty to the in
dictment imposing only a Jail sentence,
no offer had been made to have Turner
testify on behalf of the government. Mr..
Davis refused TO accept plea of guilty un-
less he PIE ided guilty to the three indict-
ments. Mr.. Lipscc;nb gave similar testi-
mony, stating that neither Mr.. Davis nor
any one in his office had suggested or made
any arrangement by which Turner might
testify. Mr.. Lipscenb remarked, however,
that he believed from the first that the
government would be compelled to call
Turner as a witness.
Verdict of Not Guilty Asked.
Davis tnen annOunCeQ the close OF
the governments case. when counsel for
the defense asked the court to direct the
jury to return verdict of not guilty. In
support of the motion Mr.. Douglass submit
ted that the governments case rested alone
on the testimony of Turner, an accomplice.
Turner, remarked Mr.. Douglass had not
only not been corroborated, but had also
teen contradicted. Therefore, he argued,
the jury should be instructed to at once re-
turn verdict of not guilty. Then, too,
said Mr. Douglass, Turner had not only de-
c!Gred McElhone to be innocent, but that
the government had also failed to show
that McElhone had taken the papers alleged
in the indictment to have been stolen. 1T
was true that McElhone had been found
to be in possession Of three of the alleged
stolen papers, the roll of artificers, the Will
liam Williams letter and the Cortland COM
mission. signed by John Hancock, but it
had not been showi that he stole them, or
that he knew they were stolen. Mr.. Shil-
lrgton added word two to what his
associate had said. but Judge Bradley over
ruled the motion, the defense noting an ex-
ception.
On behalf of McElhone, Mr.. Davis stat
ing that he would not claim a conviction
as to the two Benedict Arnold letters,
q ~ lz{V,