Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-26
O'BRIEN TRIAL NOW ON
FACES JURY ON CHARGE OF EN-
BEZZLEMENT.

After several delays. the trial of John l..
O'Bren. indicted for the embezzlement or
the total sum OF s5,407.9S from Frank
Hume, while he was in the employ of Mr..
Hume salesman and collector, during
the year 1902 begun today before JUS
tice Wright and a jury in Criminal Court
No. l. O'Brien left this city and was ar
rested in San Francisco, Cal He resisted
the granting Of the requisition for his re-
turn to this jurisdiction for trial.
The prosecution Is being conducted by
United States Attorney Beach and Assist
ant United States Attorney Turner. At
torneys Lambert & Baker and +. J. Hogan
appear for the defendant.
The following were impaneled as a jury:
Messrs. w. T. Brooke, Hill Blandford, NJ.
B. Fleet Ernest L. Hubs Edgar c. Black
man, Charles Specht, John w. Arth. Her
man j. Walz. William II. Linger Henry
NJ. McDade, Charles Linger and Harry T.
O'Hara.
In his opening address to the jury AS
sistant United States Attorney Turner
planned that the Indictment reported against
the defendant consists of eight counts,
each count alleging a distinct act of EN-
bezzlement The speaker went on to say
that for six or seven years o. Brien a
trusted employe of Mr. Hume. He would
sell goods to other merchants visiting
them from day to day. In addition to max
ing sales he collected money due his en-
DlOSer. he natter part or each month MT.
Humes bookkeeper would prepare the
monthly statements of the customers and
the statesmen collectors would take the
statements TO the customers. When a Gus
toner paid O'Brien money due Mr.. Hume,
according to the prosecuting officer, it was
the duty of O Brien TO enter the,fact in the
credit book. setting forth the name of the
customer and the amount paid. In several
instances, it Is charged, the defendant fail
ed to make such entries and neglected to
turn in the money he had collected.
According to the Indictment. O'Brien
embezzled the following amounts on the
June -. 1902 500; July 81. 1902,
S509.S3; August 10. 1902. S1SS.24; Sep
TENDER 10. 1902. $50; October B. 1902,
S1s.51; October IA. 1902 SI6S.25; October
% 1902. $3.50, and October u, 1902.
S42O1.S5.
Assistant United States Attorney Turner
told the jury that the government ex-
pected to prove that O'Brien. after he
had collected money from certain GUS
toner and had failed to turn in the sum
in question, would substitute a statement
of account the next time he endeavored
to collect from that customer for the
statement prepared by Mr.. Hume's book
keeper, which, of course, did show the
credit for the amount collected, but for
which O'Brien had failed to account to
his employer
1t was added that about October p.
1902. OBrien asked Mr.. Hume for leave
of absence in order that he might go to
New York. He drew $50 and also re-
ceived a letter of commentator from Mr..
Hume. Then he sent to one of his friends,
Gerald Van Castell, Il letter inclosing an
other letter addressed to Mr.. Hume's
bookkeeper, c. a. Schaaf. asking Mr.. Van
Castell to mail the letter to Mr. Schaaf
the following Saturday. In this letter to
Mr. Schaaf. the jury was informed,
O'Brien included statement of how his
account ought to be. The defendant, AS
sistant United States Attorney Turner
further said, was apprehended in San Fran
CISCO Cal, and. after long delay, was
brought back here.
The first witness called by the prosecu-
ton was Mrs. Mary Horrigan. a grocer,
who testified that June p. 1902 she paid
O'Brien S1CO on account of her indebtedness
to Mr. Hume. Others who testified along a
similar line were Bernard a. Weiss, John
B. Harry, Henry F. Ash and Mrs Anna w.
Poston. Mr.. Schaaf identified the hand
writing of o. Brien on receipts given certain
of the other witnesses.
1t Is expected that the case will be con-
Guided tomorrow afternoon.