The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-09
j. Marsh Wilson Testifes as to the
Inducements Made on the War
-ants by the Accused.
SOME GRAND JURY EVIDENCE
IMPORTANT RULING BY THE COURT
OPENS A BROAD FIELD.
Herman Chueden Will Not Incrim-
mate Himself-Fatal Explosion at
Fontanet-Politician Dilemma.
Special to the indianapolis Journal.

Special to the Indianapolis Journal.
SHELBYVILLE, Ind, June s.-The sec
ond days session of the case against Julius
Chueden for forgery found the courthouse
again packed with taxpayers from all over
the county. The jury show the marks of
their confinement in close quarters, as all
of them are farmers and used to an out
door life.
Charles Morrison, one of the firm whose
name was claimed to be forged. stated this
morning that Julius Chueden was present
when Edward Major paid the firm for
paints furnished to A. & III. Chueden on
the county contracts On cross-examina-
ton the defense attempted to show that the
signatures in question had been made by
Morrison himself, by exhibiting other speci-
mems of his handwriting which are known
to be genuine. Question overruled.
j. Marsh Wilson, ex-county treasurer,
who was in office when these alleged crimes
were committed. testified that Julius Chue-
den on July s, 1899, presented the war
rants in question for payment without any
| Endorsement on the back and he CWison)
told him they would have to be Endorsed;
that later. within fifteen or twenty min
utes, Chueden returned with the warrants
signed in the name of Morrison & De
PREF and that he drew a check payable to
Julius Chueden on the Farmers Bank.
where the county funds were kept, for $525.
and that the check was afterward returned
to him in the due course of business as
having been paid out of the funds of the
county; that this check was drawn in pay
ment of the three claims bearing the name
of Morrison & De Prez and three others
which were I'm other names: that later. on
Aug. 8, 1899, he drew a check for $5l7 pay
able to Herman Chueden and the best
recollection of the witness is that the war
rants were presented by julius Chueden
| and the check given to him to draw the
| money. Wilson stated that. at the time,
he thought the signature of Morrison &
De PREF on the back was genuine, but was
not permitted TO identify the signature.
THE CHECKS IDENTIFIED.
| DR.. Samuel p. McCrea, president of the
| Farmers National Bank, testified that at
| the time these checks were drawn the
| funds of the county were deposited i'm his
bank, and that the checks bore the marks
| of having been paid al his bank out of the
| funds of the county
Albert Chueden. a brother of the de-
T. 4.
| Chueden. who held the contract with Shell
| by county to paint two bridges and the in
| side of the JAIL testified that under the
| contract for painting the Marion bridge
| they were to furnish all labor and mater
| ial; that Julius made the contract for the
| purchase of the material of Morrison &
| De Prez, and paid all the bills: that he
came home from the Cuban war May 8,
| 1899. and the contract was begun in a short
| time; that he did not file any bills against
the county, was not consulted about the
preparation or filing of any bill. but had
authorized his brother Herman to sign his
| name when necessary; that he received no
warrants from the commissioners. He also
| authorized Julius to sign his name TO some
of the warrants.
| accused and a member of the firm of A. &
| Fl. Chueden, corroborated his brother AL
bert in regard to the contract, and also the
contract with Morrison & De PREF for ma
| terials. The State placed Miss Jennie Nc
| Adams, the official court stenographer,
| who reported the evidence given before the
| grand jury on the stand. She was asked
| to testify In regard to admissions of the
| defendant before the grand jury, which
\ would tend to connect him with the entire
| transaction, from beginning to end. The
defense contended that the defendant could
not be bound by any evidence that he had
| given TO the grand jury. since he was COM
PEELED to attend its session and give evil
dence. Judge Morris, under the decision of
the Supreme Court in the case OF Hinshaw
| VS.. State. lat Ind, 1.-The oath of grand
| Jurors that they will not disclose
proceedings given before them does
not prevent them from testifying con-
corning those proceedings when called upon
| to do so in court of Justice held that
the stenographer could testify in regard
TO any admission of defendant and the adj
| mission could be given as direct testimony.
| GRAND JURY TESTIMONY.
| Miss McAdams testified that Ja,ius tes-
| tilted before the grand jury that his two
brothers had contract with the commits
| sioners to paint the Marion bridge. the
Little Blue bridge and the inside of the jail;
that he went TO Morrison & Deprez and
| got credit for material and that ne agreed
| TO furnish the money to pay for the labor
| as well as the material He said that ne
| had paid Morrison e. Deprez about $40 for
| material: that he drew the money for the
| job from the county, at time $500 or
| SSH. and at another about the same
| amount: that he drew the money because
| his brothers were out in the country; that
| he drew all the money that was drawn
| on the job. He said that he paid the bill
| of Morrison & Deprez. Julius Chueden
| when asked who made the Endorsements
on the back of the warrants said that he
| supposed the persons did in whose favor
| they were drawn, that he was not inter-
| ested In the contracts further than that
| brothers financially.
| Herman Chueden resumed direct testi-
! mony- When shown the claims which
/ the warrants in controversy were drawn
( he said they were I'm the handwriting of
| Deputy Auditor William Maholm. and that
1 he had made oath to them with the ex-
| ception of one drawn in the name of Jesse
| Dugan. which claim he refused to testify
| about. for the reason that he is indicted
! for presenting that claim and having IL
| allowed. He claimed the constitutional
| right that he need not give evidence which
would incriminate himself. He testified
| that nc did not know exactly what
| amounts were due TO him at the time he
| filed the claims for Sl.042 (June rs. 1899 and
| gave as a reason for filing the claims in
| sums of S95 SOS and $50 that he was in
| formed the law prevented the allowance of
| any amounts In excess of 800.
| At the night session former Deputy
/ Auditor Maholm identified the claims in
| question. and declared Herman Chueden
| vouched for them by affidavit. The claims
| warrants and checks were exhibited TO
A tha fur no adiourpad for he