The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-10

OlcI OL dS III Lie 1itCt
count of the indictment.
The first count charges that Frank R.
Mcbride, upon Jan, 10, 1897, and on div
ers other days before said time, was as
sistant postmaster at Salt Lake City,
and as such had in his possession 3d.
O72, lawful money and property of the
United States; and that he unlawfully
and feloniouSiy did embezzie and
wrongfully convert the same to his own
use, contrary to the form and statute
in such case made and provided,
against the peace and dignity of the
United States.
The defendant sat with his father,
Judge j. r. Mcbride, and one of his
counsel, Arthur Brown, when the YER
dict was read. Although his inward
agitation was plainly manifest, he
maintained admirable self-composure
at the trying moment 1t was plainly
evident that he expected a different
verdict, as did also his counsel, who
made a great effort in his clients be-
half, and was much cast down at the
result.
When asked as to the probability of
an appeal being taken. Mr.. Brown was
not able to state at present. Judge Mar
shall deferred setting time to pass SEN
tence for few days, awaiting the ac-
ticn of the defendants counsel as to
d d IL,
taking an appeal.
Mcbride, after receiving warm
handshake from his father, who en-
couraged him to stand up bravely I'M
der the ordeal. was given over to the
custody of United States Marshal
Miller.
JUDGE POWERS ARGUMENT.
At the opening of court yesterday
morning, Judge Powers addressed the
jury in behalf of defendant. He said,
in part, he never had heard a more
unfair argument than that set forth by
Judge Maginnis for the government.
Having a shortage as claimed, only one
of two men, Barrett or Mcbride, could
have taken the money. The prosecu-
ton thought that, in order to clear the
memory of the dead man, it is neces-
sary to convict the living man. The
commission of the offenSe is shown by
one man alone-Nichols. Nichols needed
no cross-examinatfon. His face was the
best cross-examination. He could
swear to nothing positively. His an
swers We're: Il may or may not have
done so;" II won't say" Il don't re-
member" Il am not certain" etc.
Such testimony is not worthy of cred
ence, and wouldn't convict a dog. Are
you going to convict. on that mans tes-
timony2 Nichols made an exanlina-
ton on Jan. 9, and found nothing
wrong. On the 18th he made a re-ex-
animation, and found a. shortage of $4,-
71o9 This was finally cut down to S.
or. If the government had many such
inspectors as he. it would be in a mud
die all the time
Judge Powers claimed, first-that it
had not been shown that there was a
shortage; second, it had not been shown
there was a criminal intent; third, it
was not a question of finding either
JUDGE JUDD CLOSES.
Judge Judd spoke at length for the
government. He referred to his embar-
assmcnt as q public prosecutor; that
he had been goaded by the taunts and
jeers of the defense He wished it I'M
derstood that he was a man with like
feelings as opposite counsel. 1t seemed
almost impossible to bring a complaint
against a man without being brought
to actual physical resistance by the
opposing counsel. His patience had
been sorely tried, but he remembered
he was in a court of justice
He resented any insinuation of op-
posing counsel that he was trying TO
misrepresent. He wanted no ccnvic-
ton unless the crime was proven be-
yond a reasonable doubt Judge Pow
ers had not heard all the testimony. He
had simply taken up Mr.. Browns ar
gument and carried it out very elo-
quently and with metaphysical dex-
terity." Brown hadn't got the figures
right. He couldn't remember them, or
had the misfortune not to be able to
see them. 1t was shown by the figures
kept by Mcbride how the account
stands. Nothing was claimed prior to
May 1, 1895. which was the starting
point, the offense having been commit
ted between that date and Jan. H. 1897.
From the quarterly reports kept at
Washington, the condition OF the Salt
Lake office could be told, provided the
stock was reported correctly. From the
reports, the accounts were kept cor
rectly up to Dec. 81. 1896, but a short
age might have gone on for months if
more stamps were reported on hand
than they had. The office had not been
inspected from the time Barrett took
charge.
On jan IA, 1897, when. Nichols made
an examination, there was a shortage
of s3,4oO. IF it were fact that this
shortage depends alone on the testi-
mony of Nichols, had he any impulse
to swear falsely? If Nichols, as pic
tured by opposite counsel, has come in
here and sworn away by perjury the !
liberty Of a citizen, what can be black |
er? 1InpOSsiblei ImposSiblei / call on
you to repudiate such statements" He
was not trying TO convict Mcbride in |
order to SHE'D Barrett, as intimated |
by the defense. Considering what he |
had heard from counsel for the de- !
Tense, he was more than fair.
THE JUDGES CHARGE.
After the noon recess, Judge Marshall |
delivered his charge to the jury. The |
defendant was accused of a serious |
crime. The burden of proof was on the |
side of the government. Defendant |
should be held innocent until proven /
guilty beyond q reasonable doubt. The /
first count alone would be submitted. |
If the jury should find that the defend |
ant, while acting as assistant post !
master at Salt Lake. was in possession |
of property of the United States and, |
without right, had converted it to his |
own use, it was their duty to find him |
guilty
Possession need not be exclusive pos |
session. If the defendant had the KEYS |
to the vault and part Of his general |
duty was to give portions TO clerks, or
that he had money in his possession. |
1t is sufficient if intent was to defraud /
the United States. Confessions in ca
sual conversations should be received |
with great caution If correctly de-
tailed on the stand, they could be taken
as proof The keeping of the books
should be considered as to the oppor-
tunity they afforded TO the defendant
to commit the offense.
The case then went to.the jury, with /
the result stated.