The Birmingham age-herald., 1905-03-10
MONEY Is WAITING FOR MR. CARNEGIE Evidence in Chadwick Case is
 All In L0NGARGUMENTSARE MADE Judge overruIes Defendants Motion to Remove Cas- from Jury and Order Verdict of Ac-
 quittaI.
LONGARGUMENTSARE MADE

quittal.
 Cleveland, March 9-Andrew Carnegie is now definitely cut of the present trial of Mrs Chadwick. If she should be ac- quilted this time MT. Carnegie might ap- pear at a subsequent trial but as far as the existing care is concerned his pay is waiting for him, and he is at liberty to go home. United States Mafshal Chandler to- day made out check for $6i.4 to MT | Carnegie's order and it is held in the marshal's office pending MT carnegie's call for it. If he does not call it will be mailed to him. The defense today made desperate effort to have the case taken from the jury, and a verdict of acquttal rendered by the court. After arguments lasting through the greater part of the, day, Judge Tayler, just prior to the af- ternoon adjournment overruled the mo- ton. The defense also attacked two counts of the indictment, and asked that certain parts of the testimony offered by the government be stricken out An ad- mission from the judge that he did not regard the two counts as "good' was the extent of the satisfaction secured by the defense. The acquittal of the defendant was asked on the ground the indict- ment charged her with conspiring to com init an offense against the United States in that she eonspired with Beckwith and Spear to certify illegally cheeks of the Oberlin bank
 Could Not Certify Checks.
 It was claimed by the attorneys for the defense that Mrs. Chadwick not be- ing an officer of the bank, could not cer- tify checks and that she could not be charged under the law with eonspiring to commit an offense in conjunction with others. which she Lad mo- the power to commit alone.
 In stating his contention to the court. Judge Wing for the defense said: ''The charge in this case is not certifying checks. It is consplring to certify cheeks. A conspiracy between an official of bank and person not an official of the bank to certify checks Is impossible for the reason that it requires two to con- spire. aand the person not bank of- ficial not having the power to certify checks cannot conspire to certify them." He claimed also that Mrs. Chadwick could not be punished even granting the allegation of the state that the checks had been illegally certified. There was in the United States statutes according to the speaker, punishment provided for others than officials of national banks for fraudulently certifying checks. and therefore no other person could be pun : ished for certifying them or conspirlng to certify them.
 Supposes a Case.
 Now, let me get at this" said Judge Tayler. Suppose married woman con spires with married man to marry that man to another woman, thus contracting a bigamous marriage. It is impossible for the woman conspiring to marry the other woman. Do you. therefore, claim that she could not be punished for con spiracy to commit bigamy because 1t was impossible for her in that particular case to commit bigamy herself9"
 That is exactly my contention" re- piled Judge Wing. When, as in this case, the indictment alleges that she con spired to commit If the allegation was that she conspired to procure the com mission of a crime, it would apply but it does not apply in this case.'
 How do you regard the Scott case?' asked the judge.
 This referred to decision recently handed down by the United States court of appeals in Cincinnati where 1t was held that a prisoner who conspired with | the official of a bank to procure the making of a certain entry on the books of a bank designed to cover up short- age in the funds of the banA, was, all though having no hand in the making of 1 the entry as guilty of conspiracy as was the man who made 1t.
 Contended Gases Were Different.
 Judge Wing contended that the cases were different In that Mrs Chadwick could not certify checks whe4eas the prisoner in the Scott case" could make the entry on the books If given an op- portunity. District Attorney Sullivan, in arguing for the Government spoke very briefly. He read the decision in the Scott case, and said that he rested his case upon 1t. He claimed the indlct- ments in the Scott case and in the Chad | wick case were similar and that the cases corresponded in other respects.
 Attorney Dawley, in closing for the de- | fendant asserted that the indictments in the two cases were not similar. In the Scott case" the indictment declared | that the defendantS cOnSpfed tone With another and together" In the Chadwick case the allegation was that she con spired with Beckwith, and there was no charge that Beclxwith conspired with her. He asked that the letters submitted yes terday in which Mrs. Chadwick sought to make arrangements for the certifica- tion of checks when she had no money in the bank and as a result of which one check was certified several days before it was signed by Mrs Chadwick to be taken from the testimony. He asked that two counts referring to this check be stricken from the indictment
 Overrules the Motion.
 Judge Tayler, in deciding the motion asking the removal of the grand jury, de- clared that the Court of Appeals had in the Scott case" covered the questions raised by the defense and that 1t was. therefore, overruled. He did not regard the two counts of the indictment as good and District Attorney Sullivan said that he was willing that they should be killed
 It is probable that the case will be given to the jury tomorrow evening That matter rests with the length of the arguments to be made by the lawyers and they were not able to say this after noon just how much time they would re- ouire If the arguments are not finished tomorrow the case will go over until Monday.
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 Neqro Fireman Is Killed.