The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-01
THE FORGED AFFIDAVIT
ALLEGED DOCUMENT IN DENNIS
BEACH CASE MISSING.
Jury Now Has the Case of Meek-Street
GrOcer-Receiver for Box
Factory Asked.

Dennis Beach, a Meek-street grocery keep
err. was tried in the Criminal Court yester-
day on the charge of subornation of perjury.
Mrs. Anna Fitzgerald, who. it is claimed,
was associated with Beach in his alleged
scheme of fraud, is under indictment for
perjury. The main prosecuting witness
against Beach was Secretary WEIGH. of the
Celtic Building and Loan Association.
Beach borrowed $50 from this association,
and he was accused of getting Mrs. Fitz-
gerald to make a false affidavit in order TO
assist him in negotiating the loan. The
woman. 1t is charged. made a sworn state
ment that her daughter. Mary Fitzgerald,
aged twelve. was dead. which statement, if
made, was false.
Mrs. Fitzgerald is a widow residing in the
neighborhood of the Beach grocery. Beach,
until he was sent to Jail, had been a boarder
in her home for three years. According to
the evidence brought out by the state, Beach
called at The office of the Celtic Building and
Loan Association in September, 1897, and
talked with Secretary WEIGH about a loan
he desired to procure. He said he wanted
TO purchase the property Of Mrs. Anna Fitz-
gerald OF Meek street, and explained that
there was about $500 of incumbrance on the
property. He thought. If he could borrow
$500. he could make the trade with Mrs.
Fitzgerald. Secretary Welch talked favor
ably with Beach and decided TO loan the
money with mortgage security. The secre-
tary said it would be necessary to look over
the records and find out how the title to
the property stood. IT looking up the his
tory of the real estate Secretary WEIGH dis
covered that the real estate described by
Beach was owned Jointly by Anna and Mary
Fitzgerald. The latter was the daughter.
Secretary Welch testified yesterday that
when he informed Beach that Mrs. Fitz-
gerald was not the exclusive owner of the
property and that she held it Jointly with
her daughter Mary, the grocer replied that
Mary Fitzgerald was dead. The secretary
then said that the mother would lave TO
make an affidavit to this. Mr.. WEIGH testi-
fed that a few days later Beach and Mrs.
Fitzgerald came to his office and presented
an affidavit which stated that Mary FitZ-
gerald was dead. and giving the date Of her
demise. 1t was then arrange to have At
torney HOvey get up an abstract of title.
This the attorney did in accordance with III
structions given him.
In prosecuting the case the state did not
have the original affidavit to exhibit to the
jury, but introduced a copy of the one al
legged to have been sworn to by Mrs. FttZ-
gerald. The state made a point of the fact
that the original document had mysteriously
disappeared, and when last seen was in the
hands Of Dennis Beach. Attorney Hovey
testified that Beach was In his office when
he went to work on the abstract. He said
the uncompleted abstract, with the affidavit
attached. was lying on his table and was
picked up by Beach. The attorney re
marked to Beach that there would have TO
be another affidavit attached before the alb
stract was complete. Beach replied: "Oh,
there's too many things attached to this
now" The attorney said Beach walked
about the room for several minutes with the
abstract in his possession, and finally laid
ii down on the table. Attorney Hovey, with
out looking at it. placed 1t in a drawer.
When next he looked at the document Mrs.
FitZgerald'S affidavit was gone.
Both Beach and Mrs. Fitzgerald yesterday
denied that such an affidavit was ever In
existence. They declared that nothing was
said about Mary Fitzgefald's alleged death
when they talked TO Secretary Welch. Mrs.
Fitzgerald said her Oldest daughter was
called May" She admitted that the girl
was baptized Mary but the family had
fallen into the way OF calling her May"
The case went to the jury without argu-
ment at 3 o'clock yesterday evening. a YER
diet had not been reached at midnight, and
Ii was said there was no probability OF an
agreement during the night.