The herald., 1898-01-27
Trial Opens With Wrang-
ling Over "Corpus"
THE BRIDGET WILSON ESTATE
SPANGLER'S CHANCES OF RE
COVERING DAMAGES
Wiesendanger in Another Boom Suit.
C. N. Bassett Has L. B. Blinp
Appointed as Guardian

Yesterday afternoon the taking of tes'
timony in the case of II. y. Bird, now
having his second trial. was begun ii
Department one, before Judge Smith and
fury.
The good spirits of the defense
amounting on occasions on the part OF
counsel to hilarity, has not abated and
the defendant himself appears TO be in
no wise cast down by the circumstances
that environ him. Throughout the day
he took voluminous notes, While by his
side sat his wife, who is quite pretty
woman of rather striking appearance,
The first witness put forward was d.
L. Grove. a receiving teller at the First
National bank, who sometimes also acted
as paying teller. II was sought to have
him identify the 5000 check that Bird is
charged with having forged, as having
been paid, but the prosecution got sadly
tangled UP. MIR. MeComas handled the
check asked questions of witness from
It and was finally about to offer it for the
witness inspection. Nothing had been
said or shown to the jury that would
convey to their minds anything tangible
regarding forgery. On the contrary
the witness had stated on -eXamin
alton in practical effect that from the
stamp on u check no one could tell alb
solutely VINO in the bank had paid it. He
explained that each paying teller had
different stamp but that stamp actually
represents that particular teller's cash
drawer rather than the paying teller
~. el, lao H.
bank for any purpose whoever took his
place at his window would pay out from
his cash drawer and use his particular
stamp.
OF course Mr.. McComas didn't like
this kind of admissions being eXtorted
from his witness, for it made it difficult
for the prosecution to locate the bank
official that had paid the dubious check.
Judge Smith, too, realized that things
were becoming rather mixed and while
opposing counsel were wrangling over
the matter the court interposed.
"You had no right" said he. address
ing Mr.. McComas, ito introduce the wit
ness here until the corpus-delicti (crime)
had been proven"
The prosecution maintained that in
previous case the court had held that SO
long as the corpus-dclicti was proven
during the trial, and properly connected
that that would suffice. But the court
denied having taken any such stand,
stating that it was q requisite of law
that the crime be first established
This little dressing down by the court
of the prosecution was eXcee dinghy COM
fortng to the defense, and IL motion was
made that the testimony of the witness
be eXpunged from the record for the rea-
son that the corpus-delicti had not been
proven. And 1t was so ordered.
Then G. ]. Griffith went upon the wit
ness stand to prove that his name had
been forged and that he was just $500 the
poorer for it. Mr. McComas drew from
the witness the facts that have been
published over and over again about the
visit of Detective Bradish to witness
office ana it being accidentally then made
known that Bird had cashed a check for
5000 at the First National bank, on the
day previous, August 49, 1897 Mr.. Nc
Comas was about to submit the check
to the witness for examination but a
howl went up from the other side. Mr.
McConas reminded the defense that he
was engaged in doing just what they
had requested-proving that corpus
delicti
you don't know a corpus-delicti when
you see it," said he.
mo, we've not been around the dis
trict attorneys Office" responded Mr..
Meserve, with very mild sarcasm
"The crime is not proved until the
forged instrument is in evidence" said
Mr.. Pendleton, contributing his quota
to the general hilarity.
The court looked wise and said: "I
don't know why they don't offer it,.
at looks to me as if the prosecution
was getting ready to dismiss the case"
again remarked Mr.. Meserve, in mock
ing accents.
Mr.. McComas stood his ground while
this gibing went on, without allowing
himself to he illustrated. Don't he
afraid, brethren" he remarked "we
won't dismiss the case, ana I'll now offer
this check in evidence"
From thence on it was plain sailing.
Mr.. Griffith identified the check as the
one he had gotten from the bank on Aug
ust 20, 1897, and which he maintained he
had never filled in or signed. No new
facts We're developed, similar showing
being made as upon the defendants
previous trial.
The further hearing will be continued
today.