Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-07
JUDD BECAME ENRAGED
CAME NEAR STRIKING ARTHUR BROWN.
Powers the Peacema ker--obje cted to the
intimation that He Had Something
Up His Sleeve.


morning. That he did not do so was
probably due to the persuasiveness of
Judge Powers. who sat between the
Two attorneys, and maybe because the
district attorneys better Judgment fin
ally got the better of him.
The court room was crowded, but
Few knew the rage Judge Judd was in
or saw his threatening attitude. Mr..
Brown, 1t Is certain, was perfectly
oolvious to what was going on, and
continued his argument as though
nothing unusual was transpiring.
The Incident occurred shortly after
court opened. Mr.. Brown had renewed
ms motion made last evening requiring
the government to elect which one of
the three counts 1t desired to rely for a
conviction on, and was engaged argu-
Ing the same. During the progress of
MS remarks he said that Mcbride was
indicted under series of statutes. The
district attorney. he continued could
not play fast and loose with the de-
PENDANT. The issue, he contended.
ought to be named so that Mcbride
could hold to something more than an
Imaginary defense. He further said
that no district attorney should be
permitted to keep hid from the defend
ant what he intended to prove. for that
was too much like the gambler who
Kept card up his sleeve to be thrown
on the table at the last moment. 1t
was this latter remark that aroused
the anger of Judge Judd, for jumping
to his feet he exclaimed:
ANY statement that have anything
up my sleeve is gratuitous, unwarrant-
ed and ungentlemanly."
Mr. Brown paid no attention to the
district attorney, but proceeded with
his argument.
Judge Judd resumed his seat and
was seen to turn pale with rage. He
moved uneasily in his chair, all the
while mutterlng oaths In low tone of
voice, heard only by those in close
proximity Suddenly he turned round
In his chair and glnred at Brown. at
the same time making a motion to-
wards him.
Judg Powers. who sat between the
two, but a little In the rear, put his
In his ear II evidently had the effect
OF pacifying the wrathy district at
torney, for he Immediately leaned
back In his chair, and contented him
self with the use of a large volley of
swear words. The incident then end
th' Jul Hbt DttoTt Juuu ndu again eN-
pressed desire to slap Brown.
After the News" report closed yes
terday. II. A. Rebentisoh. money order
clerk In the postofflce, testified that
Mcbride kept the accounts OF the post
Office. and that he and Postmaster
Barratt were the only ones who knew
the combination of the vault. He said
that he and Cunnlngton turned over
their money and stamps each evening
to Mr.. Barratt or Mcbride. whichever
happened to be there at the time. He
related a conversation had with Nc
Bride In which the latter said: II
know i am short. but not as much as
they say. $1,000 or $1,000"
orrawell Williams. mailing clerk In
the postofflce, testified that some time
during the year 1896 he had seen Frank
Mcbride go into the vault at about 9
o'clock In the morning.
j. W. Cunnlngton was recalled, and
said that 1t was his custom to obtain
stamps for the stamp window from
either Mr.. Barratt or Mcbride every
morning. and the amount received was
turned over to one OF them each even
ing.
Questioned about conversation
with Mcbride on January Ord, he said:
II asked Frank IL there wasn't short |
age In the accounts and Frank replied |
Let 1t go; perhaps II will never be dis |
covered Later / asked him whether |
he had reported It, and he said he ex- |
pected to do so"
DO you know whether you were
short yourself, or not2" asked Judge |
Judd.
YES. about 1868"
1.-THE witness has n right to object to
answer this line of questions" inter-
posed Judge Powers at this point. at
Is his privilege"
We'll, the witness amt CLAIMING any
privilege" replied Judge Judd, and
cunnington went on to explain from
counts were short in the sum of 1868. 81
He showed from his stock books that
ne had usually obtained his stamps
rom Mcbride and turned them over to
aim at the end of each days business.
John L. Nebeker. registry clerk, tes-
lhed that he, also. usually turned over
MS remittances to either Barratt or
The prosecution rested and Mr..
Brown moved that the prosecution be
equlred to elect between the various
cunts. The motion was denied. and
counsel then moved that the case he
dismissed on the showing OF the prose
utlon. supporting his motion BY an
irgument attacking the various
cunts. which the court also denied.
ToDAY'S PROCEEDINGS.
The proceedings today began by At
nrney Brown renewing his m0tinns
hat the government elect which one Of
he three counts 1t desired to rely on
br conviction. and for n dismissal of
he charge of embezzlement Judge
tarshall overruled both motions,
Judge McGinnis then offered the quar-
erly reports of Mcbride In evidence.
hen the prosecution rested.
THE DEFENSE OPENS.
Mr. Brown in behalf OF tho defense |
he jury. He said that McBride was
ot guilty of robblng the United States
I one cent. There. might have been
In the money account
ut Mcbride did ipDt know how 1t oc
urred. Doth ex-Postmaster Barratt
nd Mcbride had access to the vault
where the money was kept. and II was
nown. MIR. Brown said. that Barratt
vas careless In his business relations
A. IL. Nash was the first Witness
allied by the defense. His testimony
ias merely recital of the methods
mployed by the postohice with resnect
o the keeping Of accounts and Tho
making out of quarterly reports. etc
Mrs. Katie Mcbride wife of the de-
testified that she and her bus
and were home sick from the ith of
of this year. to the 18th. Tho
iitness admitted to Judge McC;innIs
hat the defendant went down town or-
aslonally during that period.
Judge ]. X. Mcbride. father of the
efendant. was the next witness
allied. He stated that he resided i'm
ALT Lake from 1872 TO 1893. Since the
after year he had been at Spokane.