The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-12-10
FOUR TO EIGHT AT FIRST
A VERDICT WILL PROBABLY BE
REACHED TO-DAY.
IF NOT THERE MUST Be A NEW TRIAL
Yesterday Was a Day Of Speaking Boddia
Gives His Version of the Affair. Shows
Bad Memory on Certain
Material Points.


This morning the fate of j. p. Bod
die, late postmaster at Nashville, \. e.,
depends upon three men.
For two days Bodde has been on trial
in the Federal court, charged with EN-
bezzling and unlawfully OBTAINING in his
possession letters sent through his office.
At o'clock yesterday afternoon II
was given to the jury and at O'Clock
this morning no verdict had been reach
ed. =
The votes taken by the jury in the
afternoon and evening showed eight for
conviction and four for acquittal, but as
the night wore on and other votes were
taken one of the four went over to the
eight. making it nine to three and thus
divided the twelev remained through the
night.
The three may come to the nine this
morning and then again they may not
all Of them. In that case there must
be q new trial.
Yesterday was devoted principally to
speech-making by counsel. The first two
hours of the court, however, was taken
mp by the completion of the evidence on
both sides.
The first witnesses put on the stand
were j. III. Ellis, of I<inston. and Ben
ME Mabry. of Halifax. They testified
that the letters sent by them to the
Bank of Nashville and which Boddie
cmbczzled, contained sight-drafts on the
firm of Boddie, Ward & Co., of which
the defendant was a member.
This closed the case for the prosecu-
ton. The defense put only two wit
nesses on the stand One was the de-
fandant J. p, Boddie and on his evil
dence they rested their case. The other
was Sheriff John p. Arlington, char
acter witness.
Boddie began by entering general de-
NAL as to- any knowledge of the letters
found in his store by. Inspector Gregory.
He denied that he tried to give any
reason or excuse for their being there
or was even present when some of them
were found Questioned particularly
touching the Arlington letter, he said:
Il know nothing of it, except that it
was shown to me by Mr.. Gregory.
Where or how he got it l do not know.
/ did not take il from a shelf in the
postoffce, as he alleges. and put it on
my private desk. The first time | ever
saw it, it was in his possession"
The witness acknowledged, however,
that he did tell Mr.. Gregory that he
had seen letter from Mrs. Arlington
addressed to the President, go through
the office. He denied emphatically,
though, ever seeing the answer until he
saw it in Mr. Gregory's possession.
He claimed that others had access to
the mail and opened it besides himself.
Among these he mentioned two men
who stayed in the store with Boddie.
One Of these. Zeb jenkins. the defense
offered to prove, was not on good terms
with Mrs. Arlington and had motives
for Withholding her mail; but Judge
Purnell ruled that this testimony would
not be competent.
On cross-examination Boddie identified
some of the letters in question as those
fonnd in his office by Mr.. Gregory. The
others he said he knew nothing of, but
he supposed they were found there, too.
Asked if he did not owe money to the
writer's of all the letters addressed
to the Bank of Nashville, he admitted
that he did owe something TO most
Of them.
Touching the Harriet Eatman letter,
he denied telling Mr.. Gregory that il
contained receipt and he was to keep
it. He explained that he had sent
on the money given him by Miss Eatman
for the organ, but that he first sent it
to the wrong address. As soon as IL
was called 10 his attention he said he
corrected the error.
Boddie denied that he was ever short
in his accounts, and said he had never
failed to settle when called on to do
so.
District Attorney-''How much did
you pay Mr.. Gregory at the time these
letters were fOund|
Boddie-"Between 5000 and $780,"
"All in money!
"a little over 500 in money and the
balance in a check on the Bank OF
Rocky Mount"
Ibid you have any money in the
Rocky Mount BANK"
II had some either there or on the
way"
"Who took it there!'
mr.. Cooley"
Didn't you make the arrangement
with Mr.. Cooley after you found out
Mr.. Gregory had arrived to inspect your
acconnts?'
Il did not -
"In what form was the deposit made!'
II don't know"
Don't You know it was in the form
Of mortgage or other collateral!"
II do not recollect."
Don't YOU know not one dollar was
deposited?"
Il don't know whether it was one
dollar or not
did you give Mr.. Cooley one dol
lar?'
II don't know whether I gave him
one dollar or hundred dollars"
How much money did you arrange
for with the bank?"
81 don't recollect."
"Where did you go after Mr.. Greg