The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-12

following especially interesting report
of Yesterdays proceedings of the Unit
ed States district court in the trial Of
A. J. Marshall, Esq, of Wilmington
charged with counterfefting.
ACQUIT~TAL A DEAD CERTAINTY.
Today's hearing OF the Marshall case
was particularly interesting. Marshall
was ON the witness stand several hours
and was an admirable witness; in fact.
listeners termed him a star witness.
There was fresh and strong evidence to
prove falcity of Darkley's testimony as
to Marshall. w. A McGowan's evidence
on his line was very valuable. Helms
gave strong evidence discrediting ex
detective Perry.
Marshall Showed that he wrote the
letters in evidence at h instance Of
C~atsObelus. who said they were for
plating silver, and, that he a a patent
process. Marsden Bethany proved as
able a witness as he is a lawyer.
Thomas Belcher was one of the best
witnesses during the day.
When court adjourned it was the
current comment among listeners that
MarshaH's acquital was a dead certain
~ Liz jury WIS SsAuCIIUly pON
ly impressed by MarShalis testimony
by it's fullness and frankness.
AT 1915 the hearing was resumed.
Mrs. Marshall was again n court
w. = Farris, the first witness said
POlftz passed a counterfeit half dollar
ON him; he afterwards sent him good
money for it; was in jail when he sent
it, and admitted il was counterfeit.
w. j. Johnson said Darkley 'tCld him
he had told falSehOOds about Marshall,
because he had to do something to get
out himself. DarkIey was angry with
Detective Perry for putting him back
in Jail. w. L. Henderson hard Dark
ley say this. Bernard asked Johnson
if ne was me- accuscd OF being with
Walter SHvey in making counterfeit
nickleS, and he said no. Had no con-
nectiOn with Sflv-y; was net witness
for Siivey.
c. E. Collins said he knew Darkley;
that the day before tine laoterhc arrest
he asked DaIkley what he knew about
Marshall; Darkley said ht knew moth
ing. Darkley had caerked fol him III
to the day of arrest.
CT. C.. Simmons testified he had a ak
with DarkIey; later spoke to PolitZ and
said he had not done anything wrong.
j. B. King talked with Dsrkley about
Marshall day or 50 before Darkley's
arrest. Asked Darkley if Marshall was
COIIIlCCIOu Will lhIS Gu-1II~AS. NSPAI
AS far ais 1 know his no more to do
with it thar you have" Was than ask
ed if Darkley did not brag to him hat
he had fooled Marshall. Bernard 1h-
jected. Judge ruled out question.
Meares asked King if that was all
Darkley said Bernard objected-aid
was suggestive question. Said up TO
this time Kings answer meant nothing;
that word cOunterfeiting was not used.
nor anything to indicate what kind II
business he meant.
Busbee said Kings answer was a d.
rect contradiction Of Darkley. Judge
admitted question. King sad Darkley
did say he had fooled the detective.
King was asked whether Darkley had
not said he knew POLITE was engaged
in counterfefting-all This being asked
purely to contradict Darkley's evil
dence; that he had told King nothing
as to POlitZ being engaged in counter
feiting: DaIkley had also sworn he said
nothing to Kirg about Marshall. Judge
said strictly under the rule, the ques-
ton was new matter and not compe-
tent, but as the court wanted to get at
the exact facts in this case he would
admit the question. King replied
Darkley did say he knew PolitZ was en-
gagged in counterfeiting Polftz was
then IN Jail. 1t was before Darkhey 5
arrest. Bernard asked King if he had
not told the United States detective
about his connection with Darkley.
King said no.
why should 1 have told him?"
queried Busbee, .
W. viii show You why later, SAID
Bernard with one of his icy smiles.
w. A. MCGOWAN SCORES A POINT.
w. A. MCGOWAN was asked if Dark
ley. while in jail, had not voluntarily
told him Marshall had nothing to do
with the case and his evidence would
not hurt Marshall. MCGOWAN replied
YES. DarkIey said the trial would not
last half an hour. and that there was
nothing against Marshall: that he
would this time tell the truth. NC
GOwan said ne was glad Darkley mad
the manhood 20 at least, do this; as
first hearing Darkley a done all ne
could to put Marshall in the peniter-
tiary. MCGOWAN went with II. T.. Bon
iEz TO make examination OF what could
be seen OF persons in POlitzS
through keyhole. He testified that r
person looking through the keynote
no Part of a person even STANDING
against the wall on opposite side or the
room could be seen above the should
ers. He also testified he could not see
persons standing in three feet of the
keyhOle. above the waist; was not able
to say whether a person at that dis
lance was a man OF woman. Keyhole
was narrow, ana uOOT hLOD pTGNeIlSO
the eye from being placed closely TO
keyhOie.
Bernard asked if MCGOWAN could
swear it was the same lock and key
hole that Darkley said he peeped
through. MCGOWAN said yes, accord
ing 10 my best knowledge and belief.
That he went at BOnItz's request and
suggestion, Il aid the latter in the in
v~estgation. MCGOWAN said he did not
believe the lock had been removed.
Bernard wanted MCGOWAN TO swear
positively ii was the same lock. He
replied yes. that the door was not
scratched, and he would have noticed
it If lock had been disturbed. He had
a practical knowledge of locks. There
was not evidence of there ever having
been more than one keyhole in the door.
R L.. Helms said he was arrested
on a charge of cOunterfeiting, by De-
tectfve Perry. He and Perry at the
Orton house. Was asked if Perry said
he would pay him to implicate Mar
shah. He replied yes. Also said Perry
fOFd him II Would pO hard with him III