The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-07-01
Demurrer to Charge That Woman
Received EmbcZzled Money
Is Sustained.
AFFECTING SCENE IN COURT.
Mrs. Bryan Has Not Surrendered
the Disputed S10,S00 and
Counsel Advises Her
Not to Do So.

Judge Benjamin F. Clark in the Court OF
Criminal Correction yesterday afternoon
discharged Mrs. Mamie NJ. Bryan of No.
1916 Washington avenue who was accused
of receiving enbeZzTed money from her hus-
band, William S. Bryan.
An affecting scene followed the Judges
decision. MIR. I:ryaL sprang from his chair
ami folded his wife in his arms. relatives
surrounded them and. despite the orders of
the court bailiff an impromptu reception
was held. Had !irs. Bryan been bound
over to the Grand Jury her excitement
could not have been more intense. She
tremnled and would have fallen had she
not been supported.
| >. T. g. Smith. George y. Ffckeissen and
Thomas s aIeng acted az counsel for ,hrs
Bryan. She sat Immediately Lehind her
lawyers and her husband sat near her.
Judge Selden p. Spencer is associate coun-
sci with the State IN the prosecution He
represents the Chicago Herald Company,
from whom Mr.. Bryan is accused of having
embezzled notes amounting to s1osN.
DEMURRER SUSTAINED.
After the State had presented its side Of
the case. telling how Bryan had. as cha- Ell.
taken the r.otss. which were the property
of the Chicrgo Herald Company. and real
lied Si0.S01 on them, Attorney Smith for
Mrs. Bryan. filed a demurrer to the prose
cutionS case. ana SSked tor the discharge
of the defendant. The defense presenter no
testimony.
William s. Bryan was partner holding
one-thrd interest in the y. D. Thompson
given the Chicago Herald Company notes
for $1,000. according TO the allegations of
the State. 1ne-e notes we're sent back to
the y. d. Thompson Publishing Company TO
be discounted here If WfS charged
Mr.. Bryan took the notes TO a bank, re-
cei'ed the money on them ard then placed
1t in safe belonging to Mr.. McConkin, a
nephew W Mrs bryan's.
Later, II was charged. Mrs. Bryan got the
money and carried 1t for several days con-
cealed In the bosom of her dress. Mrs.
Bryan was arrested Saturday evening, June
20. She Immediately gave bond.
In substantiation OF the demurrer. Attor-
neys Ffckeissen and Smith claimed that
there was evidence that Mrs. Bryan
knew OF the alleged embezZlement of the
Eotes or money and that it was absolutely
necessary that this should be shown. They
which the wife may be charged. as vas Mrs.
Bryan. with receiving embeZzled property
from her husband.
COURT REVIEWS CASE.
Judge Clark. IN sustaining the demurrer,
declared that no evidence had been intro
duced to show that Mrs Bryan had knowl-
edge of the alleged embezzIement. He said
tidl ma tttIS between Husoanu anu VIE
were and should always be held sacred: that
the vile could not be compelled TO give tes-
timOny against her husband nor the hus-
band against the wife.
Before conviction could be obtained in
this case" said Judge Clark. lit would be
necessary for the STATE to show that Mr..
Bryan did embszzle the property in ques.
ton. Such case is now pending in one OF
our criminal courts Il is not within my
power 10 PREJUDICE that case and say that he
Is guilty of embeZZleuent as charged. Con-
sequently. without first being satisfied that
the property which Mrs. Bryan IL accused
of receiving embeZzled, l cannot hold
her. She is discharged
s. T. G. Smith. Mrs. Bryan's chief coun-
sell said in answer to the question II his
client had returned the $4,000:
No. she has not. You may say for me
that she will not do so. as long as have
any influence in this case. We contend that
she is entitled. a creditor. to this money
and We shall make every effort to retain 1t
for her.