The daily journal. (Salem, Or.) 1899-1903, 1903-06-05
HABERLEY
CASE Is
DISMISSED
Beauchampt Captured
HaaS'S Can OfMOney
as a Joke
The Public Prosecutor Ad-
mittsd That There
Could be no
Conviction

SVhNAgNhSh
The case OF the state versus ]. NJ
aiaberly and Clarence Beauchamp. OF
Information Of Fred @. Haas, private
prosecutor.
The court room was filled with spec
aators, and the controversy growing
out OF practical joke was begun.
Haas was called for the state. His
clerks were Edward Capper and Dan
sel Yantis. May 21st and 22d he was
I'm his store. and in last six months he
mad missed goods from his store and
3125 from his till. Could not say much
about how the goods or cash were
lost. Kept surplus cash in a special
place, not in till. Was at loss to
place the guilty party, and notified
Chief OF Police Gibson. Money was
ont between two boards under pre-
scription case on night before at
> o'clock. in a tin box, 1925. Next
morning money was gone. Box was
there. but empty. Money was gold
one s. and 81 bill.
Could not say that defendants were
about his place when money was TAX.
en-. Haberly was in the store on
afternoon OF May 81 Could not
swear Haberly was behind the coun.
Ter or near the prescription case.
Beauchamp was not there at all Had
missed articles for past six months
or more but could not locate who took
them.
Haas Cross Examined.
Was on good terms with Haberly
mp 10 this time. He admitted taking
some goods. but they were paid for
when the goods we're taken. Drug
sists got goods of each other some.
times. They had accommodated one
another hack and forth lie rendered
n bill to Hnberly. and the bin was
paid May 26th.
@ Why did you then on May 29th
conclude you had not got enough and
bring an action for these same goods?
The answer was not clear. The bill
was recelpted In full.
w. John Yantis.
Worked for Haas at time referred
40. Haberly frequently came in and
went behind the prescription case.
lie knew still less about the case ON
cross-examination. except that he said
no one could take the money out OF
the tin box without his hearing IL rat.
ale, as be was sweeping.
Chief Gibson Called.
Looked over the scene OF the al
legged larceny. and saw nothing unus
uAl. After several days he took Hab
erly so his office and talked TO him
about taking the money. He denied
II emphatically. Said he would give
Haas a check for the sl25, and asked
40 have the money refunded II he
could fnd the guilty party. He ais,
paid for some goods that he had go
of Putnam aud OF Haas, He had beer
getting goods OF diforent stores The!
were all paid for. and the matter wa
dropped. Beauchamp had stated that h
had made an afidavit that he ha'
taken the money OF Haas Said h
thought he would play Joke on Haas
Went a time or two 10 put Il back
ont never had a good chance TO do s.
without being seen, and got TO fearing
he would be arrested. Said he tool
the money and hid the box, takin
ont the paper money and replacing
with silver, SO Il would not be spoile
by the rain. Il was hid as a joke o
Haas leased premises, back of Haas
store Thought Il would be a lesso
40 Haas, who was very careless wit
his money. Beauchamp made the aff
dayit, took the Sl25 TO Justice HorgaI
and Il was returned to Haas am
Haas returned the money back I
Haberly
Mr. McNary admitted that the prOl
ecutlng witness had been compensa
ed. and seemed reluctant TO pros
cute. Il would be hard to convict |
such a case. when the states wi
nesses seemed satisfied TO let IN
matter SO There was some test
mony that the money taken was !
the form OF joke and that the good
taken were paid for He would leav
Il TO the court.
Mr., Carson said that this Who'll
.case began In joke. and ended uI
fortunately for these clients II
showed that the word theft and stea
had not been used In this case asains
Haberly and neauchamp They ha