The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-06-20

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Government Did Not Make Out a Case
Against Him for Counterfeitfng
DarkIey Rearrested and Pat I'm Jail
ms a Witness Against A. J.. Marshall
Theodore Darkley, the young Greek
who was arrested on Monday on the
charge of counterfeiting, being suspect
ed of completely in the Nick PoIitz
counterfeiting case, was given a pre-
liminary hearing before United States
afternoon at 2 o'clock at the United
States court room. United States Dis
trict Attorney Claude Bernard repre-
scented h government and 3. G.. EN-
pie, Esq, was attorney for the accus-
ed. There was a large crowd in at
tendance as spectators.
The first witness sworn was Mr.. b.
u. Perry, the government detective.
He stated that Darkley was arrested
on the charge of counterfeiting, W
ing to Information which he received.
He testified hat he had been informed
that Dark1ey knew something about the
Mick Politz counterfeiting case, but
when seen he said he knew nothing
abou it. After Darkley had been ar
rested n put in jail he had an In
HeTVlcW with MN IN jail anu he IuGu
told all he knew about the counterfeit
ing scheme of the New York Greek,
Nicholas Cotsobelos, n Nicholas Po-
1itZ. Mr.. Perry then repeated the state
ment of Darkley as told in the latter'S
testimony at the trial of Politz on
Wednesday. Mr.. Perry took from his
pocket and exhibited a half dollar
counterfeit. which he (Darkley) had
passed on Mr.. w. A. Farris, at the
Palace Bakery.
On cross-examination by Mr.. Empie,
Mr.. Perry stated in reply to a ques-
tion by Mr.. Empie that Darkley did
not make any confession to him in the
Jail when he visited him. He also said
Darkley did not say anything about his
Darkelys) being interested in any way
in the Politz counterfeiting case.
DIR. Charles T. Harper was the next
witness. He said he knew absolutely
nothing about Darkley's connection
ried on in the room opposite DR.. Har-
per's office, in the VonKampen build
ing. To questions by Mr.. Empie, he
said he did not know that Darkley
was ever in the room with the coun-
terfeiters. He said he heard the accor-
deon that was played in the room
where the counterfeiting was done, but
he did not know that it was Darkley
who was playing the instrument.
The next witness was Nicholas PolitZ,
who was convicted or Wednesday and
sentenced to six years at hard labor in
the p~enitentiary. He was brought out
of Jail to testify. He testified that
Darkley had nothing ITO do with the
counterfeiting. On cross-examination
by Mr.. Empie, he stated that Darkley
clerked in his store six months. He
ound him a good salesman, was at
tentive to his business and gave salts
faction. He testified to his good char-
a actor and cai6 ha trIICtn6 him onn1irn
him on errands at times, and did ev-
everything required Of him. He stat
ed positively that Darkley had nothing
to do with the counterfeiting, had no
molds or cruicibles and circulated none
of the counterfeit money.
Tailor Mills was called to the stand
n testified to conversations he had
in Jail with Darkley. He stated thu
Darkley told him hat the first he
knew of the counterfeiting was when
he went up into the room, and saw the
operators through the crack of the
door of h room where the counterfeit
ing was going on. Darkley had told him
he heard a blowing noise n saw the
New York Greek, Cotsobelos, and A. J.
Marshall in the room. Mr.. Mills also
testified that Darkley told him about
the Greeks catching him in the collar
and threatening ITO kill him if he gave
any information He stated, however,
that Darkley told him he didn't see
any mould and didn't see what kind
of money was being made. He Ozark
ley) denied that he engaged in coun-
terfeiting.
Mr.. Empie demanded hat his client
be discharged on the testimony, ais the
government had not made out a case.
District Attorney Bernard stated that
he had one more witness that was very
material. He said Mr.. w. A. Farris
had been summoned, but the commits
sioner hal told Mr.. Farris to come Ito
court at $3.50 o'clock, and it was the
commissioners fault that Mr.. Ferris
was not present to testify. A messen-
ger was sent to Mr.. Farris' store, but
he was not there. Mr.. Bernard wanted
the case postponed till Mr.. Farris could
testify, but Mr.. Empie contended that
the government had had all the oppor-
tunity possible to make out it's case,
n he commended that his client should
be discharged.
Mr.. Bernard contended that the gov
eminent had produced enough evil
dence to bind owe Darkley, but after
hearing considerable argument ON both
sides, Commissioners Collier discharged
Oarkley, as there was lot probable
u for binding him over to court.
District Attorney Bernard asked the
commissions to require Darkley ito give
bond for his appearance ait the next
Term OF the district as a witness
against A. j. Marshall.
Mr.. Empie commended that the COM
missioner had no Jurisdiction to bind
over Darkley as a witness, as he had
not been before him as a witness in
the Marshall case. Mr.. Bernard argu-
ed TO the contrary, but COMMISSIONS
Collier held with Mr.. Empie and dis
charged Darkley.
Later in the afternoon Judge Purnell
issued a capias ad testifcandum for
Darkley n he was arrested by Depu-
ty United States Marshal II. O. Bunt-
ing. He was committed TO Jail in de-
fault of $1,000 bail, ito appear as a wit
ness at the trial OF Mr.. Marshall.
Mr.. Empie has been highly compli-
mented for the vigorous manner in
which he conducted his case, and the
ability with which he met the issues
in Commissioner Golfers court.
Relief Fund for Storm Sufferers
Thomasville, N. c., June Ia, 1899.
To the Public:
"A 1oroa orraar ~ oo,,r4,r oro,od