Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-11
PROSECUTION RESTS
TESTIMONY FOR GOVERNMENT IN
FIELDS CASE CLOSED.
Defense Begins the Introduction Of
Evidence-District Attorney Reads
Several Letters.


of Thomas NJ. Fields. prominent as a mem
Der of the local bar, on trial in Criminal
Court No. / for the embezzlement of funds
of the Washington Beneficial Endowment
Association. he being one of the receivers
of the association, was concluded today.
At late hour this afternoon the considera-
ton of prayers for instructions to the jury
was in progress. A verdict, 1t is believed,
will be reported tomorrow.
The session Of the court today was by
far the most interesting since the trial be-
gan. In the nature of a sensation was the
reading to the jury by the United States
attorney of letters written by Mr.. Fields,
after his alleged flight, to Attorney James
E. Padgett of this city. These letters con-
tanned serious charges against Mr.. Fields
co-receiver. The defense did not make an
opening statement to the jury. Two wit
nesses were called by the defense, and
they corroborated part of the assertions
made by Mr.. Fields in his letters to Mr..
Padgett as to the turning over Of money
by Mr. Fields to his co-receiver.
Identification of Letters.
Mr.. James E. Padgett was recalled for
the purpose of testifying that in June, 1904.
he received two letters from Mr. Fields,
which letters the witness identified. after
which United States Attorney Beach
slowly and impressively read them to the
been made public and the reading of them
was followed with close attention by every
body in the court room. With the exceD-
ton of the voice of the prosecuting attor-
finish of the reading. In the letters Mr..
Fields charged that his co-receiver had OBJ
tanned for his own use not less than $12 900
of the funds alleged to have been en-
bezzled.
The writer also asserted that the core
ceiver had made an arrangement with him
by the terms of which Mr.. Fields was 10
take the blame for the disappearance of the
funds 1t was part of the arrangement, &C
cording to the latter, that Mr.. Fields should
write the foregoing communication exoner-
ating his co-receiver from all blame In the
matter. In the second letter Mr.. Fields de-
clared that the co-receiver had broken faith
with him, and that the writer did not pro-
pose to longer carry the sins of the CORE
ceiver.
Government Rests.
Mr.. Padgett testified that the first time
he showed the letters was when he APP
peared before the grand jury as a witness.
1.-THE government rests at this point
United States Attorney Beach announced
Attorney Baker, for the defense, re-
quested that an adjournment be taken, 1t
being II 30 o'clock until lis o'clock. in
order that the defense might decide on its
course of action. United States Attorney
Beach remarked that such an arrangement
WOuiQ Dt " Lie request
was refused.
The defense then made a motion to strike
out all of the governments testimony that
tended to prove as secondary evidence the
existence of the charter of the Washington
Beneficial Endowment Association. The
motion was promptly overruled and an ex-
ception noted.
Following this was the introduction of
testimony for defense.
Sergeant Tyser Again on Stand.
When the proceedings were resumed to-
day Detective William T. Tyser of the To-
cal headquarters force. who was testifying
at the hour of adjournment yesterday. took
the stand. Detective Tyser told of being
ignorant of the whereabouts of Mr.. Fields
in June, 1904. The witness visited New
York three times. in quest of the defend
ant. In March Of this year he proceeded
to woodside. L. l., and remained there for
four days. watching Mr.. Fields sister.
From information obtained in that manner
the detective journeyed to Rayville. N Y,
and, with the assistance of a, constable. ar
rested Mr.. Fields. who was known as DIR.
Brown The defendant readily consented
to return to this city with the detective.
Testimony given by Detective Tyser re-
lating to the attempted use Of a revolver
by Mr. Fields at the time o. the arrest was
stricken from the record on motion of the
defense. The defense objected to the ad-
mission in evidence of the warrant issued
Fields, and the objection was sustained.
Messrs. Conway Robinson and James B.
Padgett of the local bar. who represent as
attorneys two of the distributes of the
fund of the Washington Beneficial Endow-
ment Association. late yesterday testified
that there has been no distribution of the
fund by the receiver as directed by the
court
MI. Hawken Recalled.
The prosecution today recalled Mr.. s. M.
McComas Hawken, superintendent of the
files room, office OF the clerk of the Su-
preme Court of the District of Columbia.
to identify additional papers on file In the
equity case of the Washington Beneficial
Endowment Association against the Com
mercial Alliance Life Insurance Company.
The papers were offered. 1t is understood
In support OF the declaration that Mr.
Fields was of the receivers of the
Washington Beneficial Endowment Associa-
ton.
The next witness was Mr.. George G.
Meigs, q member Of the bar. He testified
that the morning of May "a. 1904. he was |
with Mr.. Andrew A. Lipscomb when the |
latter opened his letter box In the Stewart |
building. 9Th and D streets. In the box |
was q communication in an unstamped en-
velope addressed to Mr.. Lipscomb The |
f. 49,.