The times., 1897-04-28
TURNER TELLS THE STORY.
McElhone's Alleged Partner Con-
fesses to Library Thefts.
TURNS STATES EVIDENCE
Warned That He Need Not Au-
swer Questions, Turner Details
the Operations by Which the
Force Collection Was Despoiled.
He duplicates McEIhone.

The proceedings in the trial of Philip
McElhone, indicted Jointly with Lewis Me-
kenZie Turner, for the theft of rare manu-
scripts and documents from the Congress
sional Library, were marked yesterday
afternoon with decidedly sensational
feature, and with sensational testimony
introduced by the attorney for the Gov
ernment.
Turner, the co-defendant in the case,
was called by the prosecution, and al
though warned by the attorneys and by
the court that his evidence might be EN-
pioyed against himself, ndinformed that
he need not feel obliged TO make incrirni-
mating statements. he turned states evi-
denee, and gave testimony that was very
damaging to the defendant, McEihonc.
Tuner stated that the documents which
the defendant then on trial was ac
oused of appfopriating from the Library,
and disposng Of Tor profit, were taken by
the two Jointly. They were distracted, he
said, at different times within six months
prior to the date OF tie arrest. Some of
the documents We're taken by one of them,
some by the other but there was an under
sltion to be made of them. There was
no source, except the Library, from which
to draw the supply OF papers, ana when ab
stracted they were sometimes carried To
McElhone's home, sometimes to .the wit
u ess' room.
The witness was closely questioned by
the district attorney as to the details
of their operations and these he explained.
hot ba cafA
New York dealers in the negotiations for
the sale Of the papers, and he had himself
gone to New York at McElhone's sugges-
tion To personally negotiate a sale.
What, If any, arrangement had you
with Mr.. McElhone as TO the representa-
tions you should make of the source OF
your supplies?' inquired Mr. Davis.
Il don't know that we had any arrange
ment, or who suggested what was said,
returned the witness, but on one occasion
/ informed the purchaser that my wife's
uncle gave me the paper. That was with
reference to the paper sold to Nj. W. r.
Benjamin
The witness was asked IL he had ever
received an intimation byietter of asusIcion
that attached TO their possession of the
documents, and he said he had. Three OF
Tile UOCuitltliIeB ONitltu thts Lou
received no pay for, as they We're ar
rested before the negotiations were con-
pleted, the arrest following the intiniation
by mail of the suspicion that they were not
honestly n their possession.
The trial opened in the morning, with
William j. Campbell, the Philadelphia
dealer, on the stand he testified that
he dealt in old autographs and papers, and
n H.,
to himself, the other the response, with
respect to a proposed sale.
William r enjamin, q New York dealer
in historic relics and rare documents, was
also called, apparently as an expert, 10
to place value upon the documents sub
mitted. The Washington letter dated at
Morristown, n. j., he declared to be alto
gether in the handwriting of Gen. Wash
fngton, and be valued 1T at from 500 TO
$50 The Benedict Arnold papers, hither-
to referred to- Mr. Benjamin believed TO
be in the handwriting OF Richard Barry,
Arnold's secretary, and he placed no value
upon them. The Newburgh letter was
rare Specimen and valued at $50; the
Braddock orderly books, all in the hand
writing OF Washington, he said, wereof in
estimable value, up in the thousands -
tluS leLttl nt Ntiutu Ll FS0O,
the memoranda of the return of the regi-
Inent OF artificers, dated August 4, 1875,
was worth S25. One line and the sigma
ture We're written by Washington, the re-
mainder by someone else.
The Coalland commission was worth
from So to $40; the William Williams
letter, entirely In the handwriting of Will
Jams, the witness valued at $50; the pri-
hand during the session of the Constitu-
tional convention of 1887, he estimated
at from $3.50 to 81 600.
Mr. Benjamin identified letter from Nc
EIhone to him and his answer, and sundry
,heeks. He had an extensive correspond !,
ence, he said, with Turner, the co-defend-
ant.
The district attorney here offered in evi-
dence letter to rebut the claim made by
McElhone that he was an innocent dealer.
The letter. Mr.. Davis said, was h warning,
puvsing the defendant upon notice Of the
suspicion which attached to his possession
of the documents named, and proposed to
follow it up with other letters, some bav-
ing passed between the two defendants.
Objections were made by the defeDdan
counsel to the introduction of these letters,
pHrDlE DSCduSe tuey were HOt Heft to uc-
fend against any and every charge that
might be made, but were restricted to the
contents of the Indictment, and partly be-
cause to admit the letters would trench
upon the ruin g of the courton similar points
during yesterdays proceedings.
The question was discussed by counsel,
at times the colloquies becoming somewhat
heated. District Attorney Davis once re-
ferred to a remark let fall by Mr.. Douglas,
OF the opposing counsel.
1.-THE remark was wholly unc.llcd for,
your honor announced Mr.. Davis.
~ cannot imagine to what remark you
rcfer,'' began Mr.. Douglas, but Mr. Davis
reminded him that he had the floor, and
continued:
"Am l to sit here, your honor, and pro-
duce primers in law for the benefit of the
other side?'
The controversy was in respect of the
release of Witness W. E. Benjamin, of
New York, who left for home last night