Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-11-24
OBERLy TEsTIFIEs
In a Humorous Way Testimony All Heard
Argument Presented Today.

FUWGly llpUTuHuB , SeSSlOu vi OlO
Oberly trial opened at 8 O'Clock. A
great deal of time was used in hearing
certain testimonies from witnesses
who had been on the stand earlier in
the trial
Mr.. Moore, the express agent, in
answer to O question of the defense,
testified that the way bills were placed
in the money receipt book, and that
the book and money were placed in the
pouch,
Mr.. Hildebrand was called h. the
stand. The defense presented certain
letters and asked Hfldebrand if he had
written ,hem. Hildebrand answered
that he had. The State objected to the
letters being read. The jury was ex
l'cused to AN adjoining room and the
defense presented to the Judge, it's
treason for wishing to- read the letters
Nj, Ellenwood stated that the letters
had been written to a young lady of
Marietta. He wished to show by the
| letters that EIildebrand had an in
teise hatred for Mr.. Brown the agent
lat the Depot and that he had written
that he would like to cause Brown to
Iloseillis Job The defense wished to
lshlOw-,th as Brown end Oberly were
fast friends, that Hidebrand would
consequently desire to injure Oberly
also. Aslthe letters did not speak of
Oberly personally, they were rulod out.
The jury returned to it's place and
Mr.. c. w. Rife was again called to
the stand. He repeated his testimony
about Dyes saying that he did not get
the money at Oberly's house, and also
his Testimony about Dyes stating to
him that personally he, Dye, might not
be allowed to testify as he had made
Obcrly a promise.
MIR. A. F. G. Williams, who was a
locomotive engineer en- the B. & o.
S-W. at the time the package was stol-
en-, stated that at that time valuable
Packages were often left laying care
lessly about the depot.
Mrs. Oberly, the defendants wife,
was The next witness examined Her
testimony presented little that had not
been presented earlier in the trial.
AFTERNOON SESSION.
The afternoon session of thes.-trfal
was in some particulars a most inter-
esting one The small court room was
crowded full of spectators.
Mr.. John H. Brown, who was agent
for the Bf-& o. S. w. lin this city at the
time the offense was committed, was
called to the stand. He stated that
valuable express packages were at that
time, very carelessly handled. He
stated that he had sat in the chaif in
the baggage room, and that anyone
sitting in that chair must turn his
chair and lean back to get view of
the cellar doorway. He stated that
Mr.. Dye had told him that had told
Oberly on that morning that if Oberly
did not hand over the money, that he
Dye, would take him down and lock
him up and search tine mouse.
Mr.. Oberly, the defendant, was then
called to The stand. He stated that he
is 29 years Cf age; that he had pre-
viously been employed lin Chattanooga
Cincinnati and st. Louis. He stated
that he helped Cisler to load some ber-
rNles on the train that morning, and
that when Clsler's wagon was loaded
into the car, that Hildebrand drove
up and that he, Oberly helped Hide
brand to put his load into the car. He
then helped load some bread, and after
locking up the room started for HON
to get his breakfast. AT the corner of
Third and Putnam streets, he saw Cis-
Ter, who asked him if he had loaded
the sealed bag for GAINESVILLE. Oberly
states that he told Cosler that he had
not, and advised .Cisler to wire to the
messenger and see if he had received
it, He also states that he did not know
the package was lost until accused by
| DyV' LII OClliHG ullC SOOiyi vi WIlel
took place when he got home, he said
that he heard "a knock at the door, and
going to the door met Marshall Dye;
that they stepped to the front of the
porch, and that Dye accused him of
taking the package; that Dye told him
if he did not hand over the money, Dye
would take him down, lock him up
and search his house. Oberly further
says that he repeatedly denied the
charge to Dye; that Dye chen drove
away, and Oberly went to his break
fast.
When he was about through break
fast, Dye again called him out; they
got into Dyes buggy and Dye took him
to the city prison. On the following
Monday he was taken before the May
or and released under bond.
He also testified that Dye was not
in the Oberly house on the day the
money was taken. He denied going to
the closet in the back yard and burn
ing papers that morning. He also de-