Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-05
TRIAL OF /. NJ. M'BRIDE.
ARTHUR BROWNS NUMEROUS OBJECTIONS


Frank M. Mcbride charged with en-
bezzlng the sum of sS.O72 while assist
| ant postmaster for Salt Lake City. was
called for trial in the federal court to-
day, with United States District Attor-
ney Judd and his Assistant w. IL
McGinnls, prosecuting, and ex-senator
Arthur Brown and Attorney y. l..
Williams. appearing in behalf OF the de-
PENDANT
The indictment, as returned by the
grand jury, contains five counts and In
brief accuses Mcbride with having, on
the 10th day OF January. 1897, and at
divers other days before then. while
acting In the capacity OF assistant post
master uinder c. Il. Barratt, now de-
ceased) embezzled the sum OF SS.OI2 coll
lected from stamps, registered letters,
money orders, etc. belonging to the
government of the United States and
which he converted and appropriated
to his own use.
Judge j. Il. Mcbride. father of the
defendant, well known In Salt Lake
City, but now q resident OF Spokane
Washington, was In attendance at court
| today, and occupied "A seat near his son
and attorneys.
j. w. Cunnlngton indicted along with
Mcbride for completely In the crime
Will be tried after the present case has
been disposed or Judge Judd In exam
lining the jury today made the state
| ment that the evidence introduced In
| the present case would necessarily APP
ply to the other.
HAD NO sCRUPLEs.
Nearly the whole of the morning was
taken up In securing jury. Only 1--WE
challenges, however, were exercised.
There were number of humorous re-
plies to the interrogations of Judge
Judd.
Addressing John Goodfellow of Boun-
tiful, Judge Judd inquired of him II he
had any conscientious scruples to con-
victing man who had violated the
| law.
mot Bit" replied Goodfeliow. He
was accepted.
THE ATTORNEYS QUITE FRIEND
LY. If.it.
Challenge for cause is with the gov
ernment." said the court. St
Have. none" replied Mr.. Judd
with the defendant" the court
went on.
but we have nome" was Mr..
| Browns answer.
"a peremptory challenge Is with the
government" continued his honor.
II pass II to the defendant" said
Judd. .sLlt
And I pass 1t back again" WAS
| Browns rejolnder
THE JURY SWORN.
swear the jury, Mr.. Clerk" said
| Judge Marshall sharply, and twelve
| men stood up and were sworn by
Clerk Letcher. Their names are: F.,
| NJ. Bishop, Frank Y. Taylor, John
Goodfellow, James f. Jennings, Joseph
]. Daynes Jr. f. 3. Brazler, NJ. s.
Browning. Andrew Knudson, NJ. L.
| Pratt ELI L. Price, John Robinson and
John Hanford. Those challenged and
excused were A. Hanauer, George NJ.
Cannon. Charles Nader, t. r. Jones
and NJ. +. Pendergatt.
JUDD'S OPENING STATEMENT.
Judge Judd then read the Indictment
| to the jury, after Diminishing the fourth
and NTH counts, and afterwards made
the opening statement. Mr.. Brown did
not make any statement, but said that
| before the honorable representative
his witnesses he would like to know
what crime Mcbride was charged with
II don't have to-" Judge Judd re-
piled.
"But think you should be made tc
and the court should so instruct you
continued Mr. Brown. The defendant
he said, was charged under three or foui
statutes for one offense. Each eount
was made separate and distinct of.
Tense and he did not intend to go Il
trial on any such proposition. Her,
we are" Mr.. Brown continued, drift
ing we don't know where, trying W,
don't know what" He had asked tn,
United States attorney for an explana.
tlon and he received the followlnt
reply:
MAY BE OTHERS"
"The Indictment in this case Is fount
under and Is referable to the followinl
statutes: Sections 4O53 $500, OF, 90 ant
%, Revised Statutes. Also on March 3
1875, first supplement Revised Statutes
page So. There may be others. but
do not think of any others a this time
} u. W. JUDD"
/ After some further talk Judge Mar
shall overruled Mr.. Browns objection
EXAMINATION of WITNESSES.
II. V. Meloy. deputy clerk OF tn,
Third district court and expert &C
. countant, testified that he was count,
] clerk In 1882 and had some business
dealings with the defendant Mcbride
Recognized his handwriting on mum
Der of quarterly reports while C. NJ
Barratt was postmaster.
Ex-Postmaster A. N. Nash testified
that when he vacated the office In De
ccmber, 1895, he turned over to Nc
Bride accounts amounting to sS,065. 81.
Acting Assistant Postmaster Gen
eral Heath's sworn statement in ac
count with the Salt Lake postoffic,
, was offered In evidence and objected
, to by Mr.. Brown on the ground tina
! IL did not connect Mcbride in any wa,
/ with the receipt OF stamps. envelopes
etc, sent here. The court sustaine,
the objection.
Mr.. Meloy WAS recalled and was Civ
Ing expert testimony when the News