Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1901-06-13
THO DEFENSE HAS ITS DAY.
MosDAY.

&A44&A -
Witnesses for the defense had
heir frat innings today ct the trial
II the st. Mary's county enumera-
'ors charged with conspiracy to de-
'raud the Government By making
'alse csnsns returns. These Wit
,esses we're all presented for she
purpose Of showing that there vas
10 conspiracy between the accused
,nnmerators and Joseph Fl. Ching.
he Leonardtown lawyer. who. the
prosecution alleged, induced them
10 make the alleged false returns in
,rder that the representation of the
,ounty might be increased in the
State Legislature.
Before the defense called its frat
witness the prosecution introduced
Edward II. Gillian, the census clerk
Who went over the district of de-
lendant Graves. As o whole his
was rather favorable to
he prisoner. On the supplement
sary sheet he found 10 names which
we're duplicated from the originals,
b mistake which witness said was
liable to occur because the originals
mad been mailed and the enumera-
tor had no check. Besides these
be found q number of names Of
people who he thought ought not
20 have been enumerated. but the
defense said that it would show that
zach was the result Of an honest,
i mistaken, Interpretation Of the
aw. Witness admitted that there
we're % persons whom Graveshad not
He said Graves told him
hat Ching instructed him to 90
ahead vita the enumeration after
The supplementary sheets were re-
:eived from Supervisor Rollins.
Robert Williams, enumerated by
Graves, testified that he had lived
10 Baltimore aimee October, 1898,
but voted in Sc. Mary's and 10 reg
istered there now.
xr. xarhury Opens.
Mr.. Marbury in his opening state
ment urged the jury not to forget
that the charge in this trial was one
Of conspiracy, requiring q proof Of
the conspiring together to commit
the wrong and the doing Of an overt
act in connection Herewith. He
said that the conspiracy charge 10
the only one on trial now, but that
hr. Rose had added Is or 20 pounds
TO the indictment, making other
charges which do not count at the
present trial. He said that the de-
fense would not deny that the men
on trial were ell members Of the
Republican party in the county and
interested in the size of the returns.
but would prove that they did not
conspire to increase them.
Ching, declared Mr.. Marbury,
advised the other accused only in
the capacity Of Q lawyer. He added
that the defense would prove that
the enumerstors were freed from
legal obligation and responsibility
when they made their frat returns,
and that Supervisor Rollins evi.
IDENTIFY took this view, for he wrote
each OF them q personal letter ask
ing Tor q recount, and not an off,
cial letter ordering such course.
He said that Ching's advice was to
count all people in the county on
June l, all registered voters and all
people temporarily absent. He
closed BY saying that the evidence
Of Guyther, the man who pleaded
guilty and testified for the prosecu.
tion, would be discredited.
MIR. w. O. Smith, the special at
torney for Graves, said he would
show that Graves was unusually
conscientious in discharging his
census duties and that every one Of
his alleged fraudulent names he put
down either through an accidental
oversight or through the advice of
people whom he consulted on the
subject, and then did not act ex.
Cept with great care aud hesitancy
for fear OF making q mistake.
The First witness.
Mr.. Robert A. Abell, deputy
clerk Of the court at Leonardtown
and cousin Of the accused Abell,
was the first witness for the defense.
He was called for the prosecution
last week. He said Guyther came
to his Office in April last looking
for Enoch Abel, who was out.