The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-27
CHAMPION NOT GUILTY.
jury Returned This Verdict After Being
Out About Fifteen Minutes.
JACK KENNEDY RENAMED WITHOUT BAIL
proceedings In the civil District
Courts--Ren1 Estate Trans
fers--Mnrringe Licenses.

PENDANT NOT GUILTY"
Such was the verdict brought in about
1890 o'clock last night by the jury In
the Champion case, after having deliber-
sted about fifteen minutes.
~
Judge Allen of the criminal district
court. who far the past several days has
had under advlsement the case of Jack
Kennedy, Jr.. charged with the killing OF
w H. Smith at political meeting In the
Fifth ward Just before the last city cleo
tion. rendered his decision yesterday,
remandlng the defendant to Jail without
bail The trial WAS on a habeas corpus
hearing to determine whether or not the
case was bailable.
The case OF f. NJ. Champion. charged
with embezzlement. was called yesterday
morning in the criminal district court.
The state asked for postponement oil
the case on the ground that there were
two murder cases. one the Lockwood case,
set for the same hour as the Champion
case and the other the Ed Smith case.
being on call. in both of which cases
large special venires were in attendance
upon the court
The court overruled the motion and the
Champion case was proceeded with. the
defendant being represented by Fisher
Sears & Sherwood, Hutchinson & Fitse and
Heidingsfelder & Heidingsfelder.
After some delay in qualifying the
jurors the court took recess TO p. m.
and 1t was O'Clock before the jury was
selected and the evidence gone into.
The following was the jury selected: AL
bert Winter. D. W. Eckols. Albert Wolf.
NJ. l.. Lewis, Martin Anderson, Ted
Barnes, S. K. Carter William Guy. Emile
Levy, W. p. Gabraith, jim Quimby,
The defendant pleaded not guilty to the
Indictment charging him with emne2zlins
$4,000 from the Houston City Electric
Street Railway company on April 4, 1899.
The witnesses were placed under tho
rule.
The State, represented by District At
torney J, " Lea, assisted by Mr.. Phelps,
commenced its case by offering in evi-
dence the charter of the Houston Electric
Street Railway company. Several technical
objections were urged to the Introduction
of this evidence and were oyerruled.
Mr.. A. S. Vandervoort assistant cashier
aud teller at the Planters and Mechanics
bank, testified to having paid MIR Char
pion $4,000 on April H. 1893. He testit:ed
as to the denomination Of the bills al
the way the packages were put up, some
with rubber bands. others with paper
bands fastened with pins. He recognized
Mr.. Champion as the assistant treasurer
OF the street railway company. The money
was paid on check drawn by the stree
railway company
Mr.. II. r. MacGregor vice president anc
general manager of the street railway
company, was the next witness. He +es-
tilted that E. NJ. Champion WIS asslstan
treasurer Of the street railway company
when the trouble occurred, The witness
countersigned the check for $4,000. 1t wa,
TO meet the semi-monthly pay roll. Ti'
check was turned over to Mr.. Champion
The money was never turned over to tn,
company, except about Sl1o OF it. Mr.
Champion never returned with the money
He had no authority to appropriate tn
money TO his own use. MI. Champio,
been in the habit of getting the none.
ISsd paying off the men The distance he
tween the street railway company oflS
and the bank was about 375 yards. tn
Sllo he got back was gotten from the pc
lice station. Champion had been In th
employ of the company about four year
and had been but recently bctoro III
trouble promoted TO be assistant treasure
Counsel for the defendant moved that IL
testimony In reference to the check h
excluded on the ground the check itsel
was the best evidence The court sus
tanned the motion pending the introduetio
OF the check On cross examination
was brought out that Mr.. Champion ha
control OF the office at one time durin
Ar. MacGregors absence and that durin
that time Mr., MacGregor left with hir
eli NNA1
might have collected several thousan
dollars. MIR. MacGregor stated that up
tie time of this $4,000 transaction Nj
Ohampion's reputation for honesty ha
been good.
On redirect examination Mr.. MacGregc
stated that at some time previous to tn
$4,000 transaction the office safe was r,t
bed one night of $3.50. Mr., Champion ha
the combination to that safe.
Recross: 1t was six months or a We,
before the $4,000 trouble that tho 81
was taken from the safe. Champion hi
been retained since that time and hi
subsequent TO that robbery bean promote
10 be assistant treasurer Others besid,
MT Champion had the combination to Il
safe that was robbed. Champion continue
with the eoinrrny after the loss OF Il
SSOo0-until he 49, Indicted by the graz
jury, which was April 90 1892.
Mr.. MacGregor was here excused UNI
ne could produce the check upon viii,
Champion had secured the $4,000 and son
other data from the books desired by Il
defense.
He returned and produced the chez
datel Aprlga. 1899, made PAYABLE 10 !
NJ Champion as cashier. which was intr
\ ducod in evidence He also produced
4 menorahdum showing that during the tin
( OF hls absence In the East preceding II
" $1,000 matter Mr. Champion had char
OF ana deposited In the bank in the a
gregate from $4,000 10 s2O,00g OF the cor
pany's money,
Bore the State rested,
~
The first witness for the defense was n
Barber, father-ln-law OF the defenda,
who testified as to the good character
the defendant He knew when he MARI
his daughter that he had good posIti
aaa that he had some money laid up. !
family relations were OF the most pie;
ant character. Witness had paid ba
10 defendant some $500 or 5000 borrow
money just before the trouble occurred
Mr. r. Keuthly testified to the gene
reputation OF the witness as being 20
HIS habits were good. Did not know h
TO be sporting man.
Mr. Cabeen Blake, ex-teller or the Plai
ers and Mechanics bank. was put on