The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-01
ON THE CRIMINAL DOCKET
Important Cases Awaiting Action
by the Courts.
Twelve Alleged Nurdercrs to BE
Tricd-The slayer of Lizzie Wcis-
enbcrgcr to Face II jury January
10 The AIIcnder and Kicckhocf-
fer EmbezzIemcnt Indictments.

There are twelve persons in the District
jail awaiting trial on the charge of murder.
Eleven Of these have already been indicted
by the grand jury while the other, Charles
l.. McUin, was committed to jail on Satur-
day for the killing of Robert E. Turner the
night before. The circumstances connect ID
with the commission OF the crime with
which McUm was held by the Coroner's
jury have not yet been investigated by the
grand jury. Indictments against eleven OF
those now in jail awaiting trial were re-
turned by the grand jury whose term of
duty expired on Saturday. when in its final
presentment three indictments for murder
were returned, and in the report made De-
cember % six similar indictments were re-
turned.
The murder cases, together with the
great number of minor cases now awaiting
disposition at the coming term of court.
makes the heaviest docket presented to the
criminal courts of the District in many
years. During the last term of court two
important cases, in which a great deal Of
interest was taken by the public. were
tried, and great deal of time was con-
sumed in the trials. These were the trials
for murder Of Dock VI. Tharpe, a soldier who
was charged with the shooting Of Aaron d.
Bishop, and Frank w. Funk. charged with
the murder of William Brooks. In the first
of these trials the defendant was acquitted.
and in the latter a conviction was secured
by the Government. In the trial of Funk
the recently appointed Attorney for the
United States in the District. Thomas H.
Anderson. made his first appearance as a
prosecutor.
One of the prisoners confined In Jail
awaiting trial is Benjamin II. Smell.
who is held for the murder of Lizzie Wei
senberger on August last. In response to
public opinion, several efforts were made to
bring Smell TO trial soon after he commit
ted the crime for which he will be tried
for his life, but owing TO unavoidable cir
cumstances 1t was impossible to do So
January 10 has been set as the date for the
commencement of his trial
Besides the capital cases there are. how
ever, several others upon the criminal
docket, in the result of wnich much in
terest is taken. One Of these is the charge
against Charles II. Allender. who is under
three indictments for receiving money
under false prCteEces. and another for en-
bezalement. The Indictment OF Allender is
the outgrowth of several business t.ansac-
tions with G. Rodney Burt
Another is the kieckhoeffer case, which
has been on the calendar for several years.
In this case the defendant was at the time
the charge of embezzlement was made
against him discussing officer of the State
Department Investigation of his accounts
was commenced several years ago, but the
system of bookkeeping in vogue in the
State Department made the examination Of
his accounts and the preparation Of the
criminal case a tedious task. Assistant
District Attorney Taggart has, however.
perfected the case, and is ready TO go to
trial. Kicckhoeffer will be defended by
Messrs. Worthington, Head. and Frailey.
Charles Ormsby, who is under indict-
ment for the murder OF Charles Golway
will very probably be called to trial soon
after the juries for the month Of January
are organized, which will probably be dur
ing the last OF the present week. Ormsby
although indicted for murder, it is UNDER
stood will be called upon to answer only
to a charge of mans.aughter.
There is also an Indictment against Sam
uel NJ Bryan, formerly President Of the
Chesapeake and Potomac Telephone Com
pany. charging him with receiving from
the patrons of that corporation more
money for the service OF telephones than
Is permitted by law. but it is doubtful II
the case will be called to trial until the
equity proceedings involving a settlement
of this question are disposed of by the
Supreme Court of the District. The in
dictment against Mr. Bryan was the Te-
suit of the passage Of the act Of Congress
II June 80. 1898, which fixed the rates to
be charged for telephone service in the
District OF Colombia. According to the
act the highest rate for the use vi a sin
gle telephone instrument and its appliances
was to be $50. The Chesapeake and Poto-
mac Company charged twice and even more
than this amount for the use OF telephones
by its patrons.
After the passage Of the act OF Congress
regulating the price. many of the sub
scribers refused to pay more than the law
stipulated should be paid in the District
for telephone service. The company then
threatened to remove its instruments and
appliances from the places of business OF
the patrons who refused. The users Of the
telephones then applied to the Supreme
Court of the District for injunctions to re-
strain the telephone company from doing
this. Temporary restraining orders were
granted, although the subscribers were
compelled to continue to pay the rates
asked by the telephone company
great volume of testimony was taken
by either party. and the matter came up
before Justice Barnard some time ago for
hearing. He now has the case under adj
visement and his decision is looked for
daily No matter what Justice Barnard s
| decision may be. it is believed that the
matter will be taken on appeal to the
Court of Appeals for the District. and
again from there to the Supreme Court OF
the United States 1t was while these
cases where in course of preparation that.
from evidence placed before IT, an in
diciment w0a found by the grand jury
ac,inst Samuel NJ Bryan, the president of
tho fomuanV