The times., 1898-10-26
JOHN PRICE ON TRIAL.
He Is Charged With RobbinR Arthur
o. Eabendrier.

John Price. who halls from New York,
was put on trial yesterday in Criminal
Court No l, charged with robbery from
Arthur O. Babendrier at the Vatoldi Cafe
in March, 1897. Although the case was
called Immediately after the court con-
vened but little progress was made.
The defendant and his counsel and
bondsmen were in court early. as We're
United States Attorney for the District
Henry E. Davis, who conducted the prose-
cution for the Government, and his as
sistant, John E. Laskey.
Price was anxious TO avoid the gaze of
the large audience which filled the court
room. so instead of taking his seat with
his counsel and his bondsman, Robert ].
Menain, who accompanied him from New
York, sat in the rear portion of the room.
Price was attired in a plain business suit
and presented the appearance of a busi-
ness man rather than that of a sport OF
any kind. His attorney, A. j. Rose, who
also came from New York. was well to
the front, both in position and in the con-
duct of preliminary proceedings. Andrew
A. Lipscomb and Charles H. Turner have
been retained by the defense.
As soon as the court convened Mr.. Davis
announced that the Government was
ready to proceed with the trial. The
sound of his voice had scarcely died away
before Attorney Lipscomb rose and an
nounced that the defense was not pre-
pared, for the reason that the defendant
had been extradited from New York on
one Indictment and it was now proposed
to put him on trial for another. The ar
gument on this point consumed the whole
A. louis
the position that Price was not brought
here under extradition in the general ac-
ceptance of the term, but was merely re-
moved from one place TO another, over
both of which the United States has ex-
elusive jurisdiction.
Chief Justice Bingham in rendering his
decision stated that 1t was not the first
time the question had been raised and
held that the prisoner was properly be-
fore the court for trial.
After the recess hour the impaneling
of the jury was begun. but was not COM
pleted at the hour of adjournment.
When the court adjourned eleven jurors
were left in the box. The panel. however,
had been exhausted, while both the Gov
ernment and the defense still have one
challenge remaining. At the suggestion of
Mr. Davis the marshal was instructed to
summon ten extra jurors to be present
this morning.
The Jurors in the box are John Curran,
Charles Merkle, William E. Brown, The
odore F. McCauley. Elmer E. Dwyer, John
l.. Schaffer Harry O. Dalton, Thomas Fo-
ley Benjamin F. Harper, Charles r. Muir
ray and Douglas Thompson.
The specific offense with which John
Price is charged is the stealing of 81 6S2
from Mr. Babendrier. the assistant super
intendent of the Metropolitan Railway
Company, on March 81. 1897 while the lat
ter was taking his lunch at the Vatoldi
Cafe. The circumstances under which the
theft was committed are to a great eX
tent still surrounded in mystery.
Babendrier, il is said was in the habit
of taking his lunch at the Vatoldi Cafe,
and on the day in question before going
there had drawn s1,6S2 from bank He
placed the money in a valise, and upon
entering the cafe handed 1t over to Miss
Eta Searies. the cashier, to take care
of till he had finished his lunch Soon
after this a man hurriedly entered and
approaching Miss Searles ordered six
sandwiches. Miss Searles stepped to
the side of her desk to call one of the
walters, and in so doing turned her back
partly to the customer. When she re-
turned TO her desk the would-be pur-
chaser of sandwiches had disappeared.
No'hiHS more was tnouSnt OF the mat
ter until Mr.. Babendrier asked for his
valise. 1t was then that it was learned
that the valise5 had disappeared, and it
was supposed that it had been "snatched'
by the person who ordered the sand
witches.
From the description of the person who
ordered the sandwiches, given by Miss
Searles, suspicion pointed to Price, who.
it is alleged, was in this city on the day
of the robbery. After long and diligent
search, Joseph Garter of the local force
located Price in New York. where he was
arrested last July.
Price resisted extradition and gave bond
for his appearance for trial On the open-
ing of the October term of the Supreme
Court of the District of Columbia Price
was produced by his bondsman and plead
ed not guilty to the Indictment.