Omaha daily bee., 1902-10-04
FINE LEGAL POINT AT ISSUE
Result of snyder Trial in st. Louis
Depends Upon the DeGnitIOn
of Two Words.

ST. LOUIS, Oct. 3.-The trial of Robert
M. Snyder. banker and promoter, charged
with bribery in connection with the Central
Traction bill, was resumed in Judge Ryan's
court today.
Circuit Attorney Falk began the task Of
proving that the defendants case did not
come under the statute of limitations and,
therefore, he was not exempt from prosecu-
ton.
The Missouri statute OF limitations reads:
In all cases the time during which any
defendant shall not have been an inhabi-
tsnt OF or usually resident within this
limitations.
The period OF limitation for bribery is
three years. 1t is the states contention
that Snyder has been a resident OF New
York for the greater part Of the time since
the Central Traction bill was passed. In
1898. and cannot, therefore. receive the ben
ehts Of the statute OF limitations.
The defense will undertake to show that
he lives and has lived in Kansas City. The
question will turn on the meaning OF the
words "inhabitant" and resident con-
tanned in the statute.
The controversy over the meaning of these
words in their relation TO the Snyder case
commenced last night, when Alexander
Konta was called to the stand as a witness
for the state. A question as to where
s~nyder's residence was from March. 1899.
to April, 1900. propounded by the circuit at
torney, caused a lengthy debate to be en-
tered into by opposing counsel as to the
significance Of the words.
Immediately after converting court this
morning Judge Ryan decided that the mat
ter Of Snyder's residence was one Of fact
that the jury would have to decide after
hearing the evidence. He ruled that the
statute Of limitations meant in effect that
a mans residence was the place where he
personally lived.
Judge Ryan's decision permitted the ad-
mission Of testimony which the defense had
tried to exclude. 1t was a distinct defeat
for Snyder in the point on which the entire
case has hinged.
my decision" said the court, els thai
the words Inhabitant' and resident arr
not synonymous It is a question OF Law
and of fact. II the court concludes the evi.
dence justihes It. It will become a question
for the jury, under the proper instructions. D
Attorney Jourdon. for the defense, at once
hled an exception to the courts ruling.
Alexander Konta, the broker. who was or
the stand last night, when the objection e
his testimony as to Snyder's place OF abode
was raised. esumed his testimony. Wit.
ness said he had lived in New York from
April, 1899, to March, 1900. While in New
York Mr.. Snyder lived at the Waldort-As-
toria. where he also stopped. and rented hi
apartments there by the year, witness said
G, II. Tenbroeck. attorney, the next wit,
ness, testified that he was q resident O.
New York from January, 1899, to July, 1900
and that defendant had apartments at tn.
waldorf-Astoria.
Asked II Mr.. Snyder had any bank connee
lions in Kansas City. Mr.. Tenbroeek said.
II learned in July. 1900. that he was pres
ident OF q bank In Kansas City
On redirect examination witness said b,
could not remember Just when It was tina
he found out that Snyder had a residenc,
in Kansas City.
Shirley w. Johns and Jewell II. Aubere
newspaper men. testified that while securing
interviews with r. NJ. Snyder In this cit
March IL, 1898, the defendant gave then
the information that he was living In New
York.
One Of the strongest witnesses for thI
state as TO the residence Of Snyder wa
DIT. W. s. Woods Of Kansas City. presiden
Of the National Bank OF Commerce In tina
city. DR.. Woods testified that during tn
early part OF 1899 Snyder went to his banl
and held a conversation with him In re
gard to a bank which Snyder had Intends
organizing in Kansas City. He told III
witness that he had decided not TO or
gAniIe the bank. that he was living in Ne'
York and did not expect TO return to Kan
sas City.
Before adjournment for lunch. Attorne
Jourdon told the court that Il would b
impossible for the defense TO complete II
testimony before Saturday midnight. an
the attorneys on both sides discussed N
matter OF carrying the case over into N
next term to prevent a mistrial.
When court reconVened Circuit Attorns
Folk announced that the state would re-
its case.