Omaha daily bee., 1899-03-14

|
in behalf of the defense' Sudporoush
counsel relied upon the weakness OF the
states case altogether along with the ques-
tionable character OF the evidence given oy
| Andy hunt. inns iolleu tne prosecution III
one respect, because the county attorney
| was rsserVlng all MS other Witnesses IN
| Guiding sadie Rush, tor reDuttal AS there
was nothing to rebut, the case had TO go TO
! the jury as 1t stood.
The argument to the jury began an hour
| before noon, Mr.. Shields opening. Both A.
w. Jeffries and Carroll c. Wright addressed
| the jury in Sudboroughs behalf and the
| closing speech for the state was made by
| ex- County Attorney Howard H. Baldrige.
| Sudboroughs attorneys rather insinuated
that Mr.. Baldrige was really representing
the express COMPANY in his efforts to secure
| n conviction. but the court shut them off
and Mr. Baldripe had a chance to explain
! that bie nosition !, tho caee had heen simnlv
due to the fact that no had heen Mr. ShieIds'
nredecessor
|
| '"e i'S'''''
In the finishing up Of the testimony for
the state direct Mr.. Wettling was called so
that the defense could complete the cross
examination of him begun on Friday. He
| was disposed of and then John Viz
| to corroborate Nason's statement about
conversation with Sudborough having oc-
CURED over a South Fifteenth street saloon.
| Wizard could not saw much as to the sub
iect matter of the conversation.
Finally ANDY Hunt was recalled to testify
that the legislature was not in session dur
ing the time covered bv the information in
the case, and the defense took advantage of
this TO crosse examination him as to the tele-
grams which passed between Erastus Young
and Detective Chapin when the latter
went TO Arkansas CITY. Ark. to induce Hunt
to come here and testify against Rechel and
sudborough. The defense had been unable
to procure the original contract from the
| officers of the Pacific Express companv. al
though Erastus Young had been subpoenaed
for this yery purpose. Hunt stated that he
told Chapin he would not become a witness
for the persecution in the interest of the
company unless he was first assured of i'm
munity from both criminal prosecution and
a civil suit He said further that Chanin
received message from Mr. Young author
izing him TO make anv contract necessary
with Hunt in Young's name.
Here the state rested and when the de-
tense was asked II 1t had any evidence, Sud
borough S counsel said their side would rest
also on the testimony the state had offered.
In Mr' Shlelds argument he dweit upon
the claim OF the defendant that the money
ne mad peen accused OF embezzllng had been
USED 1or legislative expenses. MI shields
rather inclined TO the theory that II II mad
been so used 1t would have all been en-
tered as legislative expenses YOU Know
"hat these Two words mean-eVerypody
hno"e "na' IneS mean, ne dsseFIeu' tney
mean lhe buying up OF LEGISLATORS
1uuse Baker hau ruleu against the delense,
"heh fluht was HIst On the stahu, on thls
question OF legislative expenses ana Tor TINS
reason no evidence was ohered direct to
sho" that the s='ouo charged against sud
poroush ID the Information as having been
t"Men oe'"een september 10 ana december
l, lo'o' hau ueeh useu lot lhat purpose, al
Ihousn lnls was promised IN the opening
SNH'eineh' u ouuoorouBh couhsel "hen the
u'"l pes"H. NOT was any ehort maue 10
I'1r sno" tn"1 "' 'he t'lie nunt testiheu' that
SUD- Suapo'o s oush sot 'ne $'ol' the lalter was
80 ~ ~, nv wy Deins az 81 Louis anu
Kansas Cl's iioiii -NoNenlOer 20 10 Deceinper
- was i'eteiy nln'eu a' once III cFoss-
''''''o' Va ii"'i'
Attorneys Somewhat Caustic.
Jefferis in his argument referred to
Andy Hunt as "a self-confessed embezzler
whose testimony on behalf of the state had
; been purchased by the promise of imnun
| lty. lie also charged EraStuS Young with
having compounded a felony in the nam,
, of the great state of Nebraska"
Wright emphasized the fact that most OF
, the evidence produced by the prosecution
, was "ancient history" which had occurred
( long before the three years time allowed
t by the statute of Limitation. "The contract
with Hunt by which he was induced n
I ccme here and swear against RecheI and
Scarborough" he said. was equivalent tc
giving him so many thousand dollars" He
t scored the use of Pinkerton detectives by
= the racine Express company, saying the
company uisresarued the law or this state
VIII makes the use OF Flnkertons mis-
: ueheahor' ANA II the money had beer
D used tor LEGISLATIVE expenses he wen
e On 1t was incumbent upon the state tc