The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-09

Ing ne found metal on floor of PoIitz's
roOm and though IL was silver or lead:
swept II out doors. Politz spoke to
him about the stuff and he cThomaE)
picked it up put II IN a box in tine win
dow. 1t looked like it was burned. and
there were burned places on the mat
ting on the floor. There was other
metal in the box; this was in 1897. Saw
a melting pot in the room. and a heavy
satchel there between the mattresses.
never saw the contents. When POLITE
moved he CThomas) took this satchel.
Identified the nesting pot; If not the
one shown, was like it; never saw
Marshall at POlitZ's. The big Greek
was with Politz in 1897. He went and
came; saw Politz ass c~ouuofeit money
on Sudbury, who later, demanded good
money, such as he had given Poiitz,
who ordered Sudbury u OF the store.
Thomas swors Politz gave him
times to buy goods; money was refused
each time.
THOMAS A GOOD WITNESS.
Cross-examined by Bernard, who
asked who gave him the good clothes
he had on; Thomas said he bought
used to good clothes. Ber-
nard k If Thomas was not a bar
room lOafer INK ead beat. Thomas
said he was not. Bernard attempted
to shake witnesses testimony as to
n he took from PolitZ to Holmes
& Walters and others. which was sent
back to PolitZ as being counterfeit.
Thomas was an excellent witness.
CHARACTER WITNESS RULED
OUT.
E. S. Martin, Esq, character witness
went on the stand. Bernard said the
government admitted Marshall's good
character up to the date of charge of
this offenSe.
Busbee said he proposed to prove his
character is now good. Bernard OBJ
jected and the objection was sustained.
Rountree said Marshall would be a wit
ness and excepted to the judges ruling.
Bernard aid he objected to any proof
Of Marshall's character ait present.
Martin was stood aside.
w. H. DAY RECALLED.
w. H. Day, witness as to POLITE, vas
asked whether POLITE made a state
ment to him as to Marshall ait the pen
itentiary Bernard objected. Court
said he could clear the testimony as to
Politz, as it was collateral evidence.
Rountree cited case of State VS.. Par
ker to show that such evidence was ad-
missible. He SAID Politz had been
warned that he would be contradicted
and he proposed to show by Mr.. Day
that POlitz told him CDay) that Mar
shall was not guilty; that it is not col
lateral but the main issue. The court
sustained the objection.
POLITE PUT ON HIS GUARD.
Busbee asked that Politz be recalled,
so as to put him or his guard, as he did
not know until late yesterday, after
Politz had been on the stand, OF the
statement he had made to Day. Day
had told Busbee what POlitz said.
The Judge said PolitZ could be recall
ed for his one question. POLITE was
then asked if he told Day early this
year that Marshall had nothing to do
with the matter. Busbee told POLITE
he would put him on his guard, as he
would contradict him.. Po1itz said he
never mentioned Marshall's name to
Day; that Day sent for him to go to
the office; he had a letter for him and
would not let him ave it; the letter
was IN Greek, from Wilmington. At
forwards Day let him read the letter.
but saw no name signed. Busbee ask
ed if in August, 1899, Politz had a con-
v~erSation with Day.
The judge asked Politz if he had any
conversation with Day in August or
September. POLITE said Day allowed
ITO Statement to be made to him.
POLITZ'S EVIDENCE CONTRA