Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1904-01-14
MARSHALL CONVICTED
Jury Finds Him Guilty of swind-
ing O. L. Kinds Company.
CONVECTION Certainty When the Hon,
.. II. Marshall of Atlantic. ,ov,.
''"reu on the Stand-Ap-
peal 10 Supreme Court.

~f'i -. marshall, who Is
,harSed with swndlinr Tho - iIi,i,
70 OIL TINS city, manufacturers of vhito
Sous, oNcrdlls, etc. Marshall WAS ar
~ >cw YORK and it was only with
sroat oliilculty that the necessary cx-
"rl'' ~, papers We're secured SO that he
'ould be brought to Vermont. /, is claim
ed mat Marshall is wanted bv noltcn IN
% LOUIS chicago and other points
nc case AGAINST Marshall is being stub
oolHl! ,ought on both sides States At
'orncy Leary Is assisted by r. f. Brown
1"u v a. buIlard appears for Marshall.
shall will carry the case to the s,Inromo
court as most of objections have been
offered ana many exceptions noted
-uai Shai Is man of good appearance
anu a.! above the ordinary respondents
III - ittendeh county court i'm mental
HpiiitF' Inc amount which he is claimed
~ nave swlndled from the Kinds company
IS $-oo. me history of the case as claimed
pv the state, is covered in States Attor-
hey Leary : opening statement.
inc jury in the case against Marshall
was draWn at about four o'clock, several
Jurors having to be drawn from tho
crowd Ill the court room. owing to the
iact that many on the regular panel had
peen excused from duty. After the jury
mad been drawn States Attorney Trarv
made an opening statement He said that
inc -: l.. Hinds company advertised in
travelling salesman to cover a portion OF
the Western States. with houduua1tcls
at 81. Louis. In duo season Il reply was
received from Marshall, who said he de-
sired the position. Correspondence en-
sued ana upon being asked for references
Marshall sent good recommendations and
also referred the concern to Dun's agency.
where they would find his rating rep
resenting that he was Joseph II. Marshall
OF Atlantic. Ia The references were
found to be satisfactory and person al
visit was arranged, Marshall coming to
burlington. While here he again rep
resented himself as being Joseph H.
Marshall of Atlantic, who is president Of
the Citizens Savings bank and a wealthy
merchant. He was asked why 4 man in
his position sought 4 position as travel
ing salesman but furnished good reason
and was engaged.
When he left Burlington he carried with
him check for 500 which the firm had
given him for expense money in addition
to his travelling outfit. valued at Sldo The
next heard from him was to the effect that
he had arrived at ST. Louis. begun bust
ness and already taken several orders.
Jie incidentally asked for another 500 for
expenses, which was furnished.
The concern heard nothing moro from
him but one Of the checks was returned
after having been cashed in New York.
This led to Marshalls detection. arrest
anu Subsequent eStTdullluH 10 ' trmOnt.
This closed States Attorney Leary's
statement.
Attorney Billiard appeared for the re-
spondent and said that he would make no
statement at that time except to say that
Marshall denied the allegation that he
had impersonated anyone and claimed
that all his actions with the O. l.. Kinds
company had been open and above board.
The irst witness for the State was f.
G.. Webster. who testified to MARSHALL s
signature. it being stated that a hand
writing expert would be introduced later
lii the case TO testify in regard to Marsh
airs penmanship.
j. NJ Bullock. secretary and boOkkecpcr
for the @. l.. Kinds CO., was tho second
witness and also testified as to MARSHALL
handw:iting
+. T.. Burgess was then called. Letters
were introduced which had been writ on
by Marshall to the Horatio Hicllok COM
Iony and before Mr.. Burgess testified
several of them were read add We're adj
nitted to have been written hy Marshal.
Court then adjourned until evening.
Al the evening session Mr.. Burgess and
w. c. lshlm testified in relation to
AIarshalls handwriting a large part of
the remaining tine was spent in the read
ing OF letters written by the O. J.. Kinds
co. 10 Marshall and his replies showing
ho" the contract was brought about
Air. Kinds was the last witness of tho
'N'IlnS, lie tpStlilcd 10 looking hD the
record of Joseph H. Marshall in Dun :
agency. whore he is rated at between
S-ooOJ and $4,000 and his credit j. given
as good. Mr.. Kinds also testified to the
dea! consumnatcd hctwecr him and
Marshall, whereby the latter was to re
colve q commission of seven per cent. ON
all sales and was to receive an advance
Tor salary.
Joseph H. Marshall. alias Dudley. nr.
liulcu and DR.. Holloway, was found
fIlllN saturday by jury OF having
Swindlcd the O. l.. Kinds Co. of this city
"Nl Of money and property valued at
about S.ip. and in the conviction the Of
itcers believe they have placed behind the
lars one Of the shreWdcst Swnllcrs in
11c country. The case against Marshall
WIS begun Friday and was stuhboruiY
touiht, objections being taken by Marsh
:|l g counsel TO everything that could pos
;. IS offer a possibility of an exception.
Marshall himself claims T. have been
admitted to the KcntucKy bar ana assist
ri ais counsel y. \. Iullard. at various
times Nv suggestions. Tine ci.so vas iISt
ms etubbornly fought on the part Of Tn,
Sl-ic Hy states Attorney Learv and r.
T.. Pr9wn and the Introduction Of tho
leal .,Ieeuh II. Marshall Of Atlantic. low
wa. the most interesting feature of IN,
trial and made the rcspondent's cnnvic.
tiou a cCrtnintv
The trial of the case was roe,iu,,d SAT,
urdlV morning at nino o'clock and q |
Kinds was tho first witness. he t,stined
as to corroenonTence betvcnn tho nr,r
aDd M4rshaU When his testimony wa,