Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-08

States attorney. and the defendant had
not been permitted to see them. The alle-
CATION was lincontroverfed.
IT 1t remains controverted the motion
for continuance will have to be granted"
the court said.
United States Attorney Beach asked per-
mission to controvert the assertion by af-
fidayit Mr.. Beach declared that he had
told Mr.. Baker that the defense could see
the papers. although the same would not
be returned to the files of the clerk Of the
court. Mr.. Beach added:
AS to Mr.. Walker, he called and wanted
all the evidence the government has
against the defendant"
Il did not, Attorney Walker promptly
declared In contradiction.
Motion Overruled.
After furthe discussion Justice Wright
overruled the motion for continuance. In
doing SO the court remarked that 1t may
be that the case has been pressed. but it
had not been pressed any more rapidly
than was proper. If the defendant Is inno-
cent. that fact ought to be promptly estab-
lished tor bis own good and for the best
interests of the legal profession. of which
he is a member, and for the benefit of the
court. II guilty he should be convicted
without delay.
The defense, after noting exception to
the ruling. objected to proceeding with the
trial on the ground that the commissions TO
take the testimony of out-of-town persons,
issued by the court. had not been returned.
The objection was overruled and an excep-
ton noted. \ motion was thereupon pre-
septed to require the prosecution to elect
upon which of the four rema ming counts
of the Indictment 1t would rely. The mo-
ton was promptly denied and another eX-
ception noted.
Clerk smith at this point arraigned Mr..
Fields on counts 1. q 3. and of the in
dictment. demurrer to the other four
counts having been sustained several days
ago.
mot guilty" was the plea entered
The work of impaneling jury was be-
gun. The court sustained challenges for
cause" against Motley Anderson. because
he had been a policy holder of the Wash
ington Beneficial Endowment Association;
Elliott H. Thompson, bookkeeper of the
Washington Loan and Trust Company. be-
cause he had prepared copies of papers in
the possession of the company that relate
to the Fields case. and against Jay B.
Smith and John II. Corning, because they
had formed decided opinions relating to
the guilt or innocence of the accused.
The Jury Sworn.
The following were finally sworn as a
jury:
Messrs. Charles L. Howard, Hiram R.
Biddle, w. r. Brooke. Ernest L. Hibbs.
Edgar c. Blackman, Charles Specht. Rob-
ert D. Howell. Herman J. Waltz. William
H Linger Charles Linger. Harry T.
O'Hara and Richard M. Lawrenson.
United States Attorney Beach briefly out
lined to the Jury what the government ex-
poets to prove in the case. He referred to
the equity suit of the Washington Bene-
fetal Endowment Association against the
Commercial Alliance Life Insurance Com
pany, and of the appointment of Mr..
Fields as one of the receivers therein.
The handling of the money placed in the
hands of the receivers, the disappearance
of the money, the alleged flight and APP
Drehension Of Mr.. Fields, and the remainder
of the familiar story was related to the jury
and the latter was told that If the govern
ment established the facts, as stated a
verdict of guilty would be expected.
The defense reserved Its opening The
prosecution called as it's first witness S.
McComas Hawken, superintendent of the
files rooms, Office of the clerk of the SUI
preme Court of the District of Columbia.
him as being part of the official documents
of the court In the Washington Beneficial
Endowment acknowledgements AL
lance Life Insurance Company case Ger
tain OF these papers were introduced in evil
dence by the prosecution for the purpose of
proving the ownership of the Washington
Beneficial Endowment Association prop
erty
The defense objected to the admission in
evidence of any papers bearing date prior
to the passage of the code. The objection
was overruled.
The prosecution then proceeded to show
that Mr.. Fields and Andrew A I.ipscomb
were appointed receivers in the equity
cause. and that they deposited money
placed In their hands In the Washington
Loan and Trust Company
Mr.. Hawken was testifying at the hour
of adjournment this afternoon