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

ItooinH.[
There were very nightly sensational
developments during yesterday, the
second day Of the trial Of A. J.. Mar
shall, S O., on the charge of mt
feiting, in the United States district
court at Raleigh And the defense
scored points in MarshaI1's favor thick
and fast" The story is interestingly
told by the Messengers special corre-
spondent, who ~telegraphed the follow
ing report last night.
SECOND DAY OF THE TRIAL.
The federal court room was again
we'll filled today at the trial of Aquila
j. Marshall, the Wilmington lawyer,
for counterfeiting His wife was again
in the court room sat very near him
and manifested the keenest interest in
the evidence. The government yeSter-
day put on its strongest witnesses and
POlitZ, the star one stuck to his story.
He was taken back to the penitentiary
after he had given his evidence. The
defence VIII show that in his correspon-
denca with a Philadelphia smelling
works Marshall used his own paper
with his name and address and also
his envelopes, and will say this is of
itself proof hat he ordered the metals
for POIitZ and not for himself, and IN
der the belief that they were to be USED
in silver plating. More witnesses for
Marshall arrived today from Whining
ON, m them Sheriff Walter c..
MacRae. Walker Taylor, ]. b. King,
S. Seigler, j. w. Taylor, W. A. Ferris,
]. w. Duls and r. W. Hicks. The
-. = 49, ILL l. - -
the credibility of the witnesses against
Marshall, particularly Politz and Dark
ley. Very strong evidence as to Mar
shall's good character will be presented.
The government officials think their
evidence is unassailable.
POLITZ'S EVIDENCE UNDERMINE
ED.
Marshall scored heavily a. today's
hearing. William H. Day was the
star witness and he cut the foundation
from POlftZ's statements.
District Attorney Bernard has be
come known as the great ObjectoT. He
is steadily prompted by Spears.
$. Seigler, ST., was a most amusing
witness, and got in some severe thrusts
at Bernard. POlitz was discredited on
all hands. Bernard made the point Of
attacking the character of Witnessed
There was an un~dercurrent of talk al
day that there was an effort to crush
Marshall.
The hearing began promptly at 10
O'Clock. Theodore Darkey was again
put on the stand and Bernard began
the redirect examination. Darkley
: said he told some Wilmington people
he didn't know anything about the
case, because he didn't want ito talk;
that he had been told not to talk: that
he told some people that because he
was not sworn then.
DARKLEY ON THE RACK.
Rountree cross-examined him and
asked if this testimony did not conflict
with that last night. and if Darkley
did not deny last night that he told
Wilmington people anything about
Marshall. Darkley said he did tell
some people. Rountree pressed Dark
ley warmly, saying he said last night
he did not talk to Gay and Collins
about the case, and now says he did
talk with them. DarkIey was asked
If he was with Detective Perry last
night after the trial. He said yes.
ROuntree asked if Darkley thought he
had the proper right to tell a lie when
not sworn. Darkley said he told Cay
and Collins to get rid of them, that, he
knew nothing about the case.
EVIDENCE FOR THE DEFENSE.
The district attorney said: w rest
here"
George Thomas colOred, was defen-
dant's first witness. He testified that
he worked for Politz three years; swept
the store and rooms. He was asked
what he saw there usually. Spears
objected to the question. saying, PClitZ
had been convicted hat he had given
in evidence that no sweeping from his
rooms were found; that he had Iegu-
sarly employed Thomas, but discharged
him because he stole a ham. Spears
AA,tln1nI fh1+ this y-lS 1-Ofr- flrol sui
denCe.
SPEARS OBJECTION OVERRULED.
ROuntree said it was to show that
Marshall had nothing to do with
Jerfeiting, and POlitz circulated
cerfeit money in 1897
Spears said only Politz' evidence as
regards Marshall was before the
Argo said there was evidence to
show that POLITE sought to convict
Marshall and secure pardon for him
self: that PO1itz is in the attitude of
trying to convict Marshall. and as N
such case to have the right to demand
pardon. he has a personal interest N
securing Il conviction to save hinlSal
five and a half years Imprisonment.
Ordinary evidence of Thomas he ar
gued would be collateral. but not so in
this case.
ROuntree said the supreme court de-
ciSiOn in State VS.. Patterson applied
10 this case. The main issue IS what
POlitz had to do with the counterfeit
ing. Politz claimed Marshall was the
head devil and brains OF cOunterfeiters,
and POlitz a mere spectator. Rount"ee
said the fact was, POlitz was falSifyinS
and was all the while counterteiting
Thomas evidence was to contradict Po-
Gtz, n proposed to show that Mar
shal was not even acquainted with
Politz during that time. POLITE was en-
gagged in counterfeiting by himself.
Spears said what Politz did in 1897
had nothing to do with the case. Mar
shall was not co-defeEdaaS with Politz,
Uni If door is opened to Marshalfs
cloud of witnesses II will lead TO no
end of violation of rules IS to exclusion
OF collateral evidence.
Judge Purnel said there was no proof
OF promise to Politz but to the con-
urdry; this testimony might be admit
cd 10 show bias. but court can't admit
testimony to break down PolitZ'S char
acter; there is a right to show Politz'S