The Montgomery advertiser., 1905-03-10
CASE MIsT
 gro JURY COp sWill Not Direct Yer dict For Mrs. Chadwick. BLOW FOR THE DEFENSE Elaborate Contention by
 Attorney Overruled. Andrew Carnegie is Now Definitely Out of Trial of Famous Woman Be-
 fore the Cleveland
BLOW FOR THE DEFENSE

Cleveland, O., March 9.--Andrew Car negie is now definitely out of the pres ent trial of Mrs. Chadwick. If she should be acquitted this time MT. Car negie might appear at subsequent trial, but as far as the existing case Is concerned, his pay is waiting for him and he is at liberty to go home.
 United States Marshal Chandler to- day made out a check for $64.40 to MT. Carnegie's order and 1t Is held In the marshars office pending Mir. Car negie's call for 1t. If he does not call for 1t will be mailed to him.
 The defense today made a desperate | effort to have the case taken from the jury and verdict of acquittal rem dered by the court. After arguments lasting over the greater part of the day Judge Tayler just prior to the | afternoon adjournment, overruied the motion. 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 admission from the judge that he did not regard the two counts as good" was the extent of the sat- isfaction secured by the defense. The l acauittal of the defendant was asked on the ground that the indictment charge her with conspiring to commit an offense against the United States in that she conspired with Beckwith and Spear to certify illegally checks of the Oberlin bank.
 It was claimed by the attorneys for the defense that Mrs. Chadwick not being an officer of the bank. could not certify checks and that she could not be charged under the law with con- spiracy to commit an offense in con- junction with others which she had not the power to commit alone.
 In stating his contention to the court Judge Wing for the defense said:
 Defense'a Contention. l "The charge in this case is not cer- itifying checks. It Is copspiring to cer- tify checks. A conspiracy between an official of a bank and person not an oficial of the bank to certify checks is impossible for the reason that 1t requires two to conspire and the per- son not a bank official, not having the power to certify checks cannot con- spire 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 sta tutes. according to the speaker, no pun ishment provided for others than off, l | ly certifying checks and therefore no other person could be punished for cer- tifying them or conspiring to- certify them.
 Now let me get at this said Judge TayltE. Suppose married woman conspires with a married man to mar ry that man to another woman, thus contracting a bigamous marriage. It is impossible for the woman conspir- s..n AkA T4 you therefore claim that she could not be punished for conspiracy to com init bigamy because it was impossible for her in that particular case to com init bigamy herself9"
 That is exactly my contention" re- piled Judge Wing. When as in this case the indictment alleges that she 'conspired to commit if the allegation was that she conspired to procure the commission of a crime. it would apply. but it does not apply in this case"
 How do you regard the Scott caseT asked the judge.
 This referred to a decision recently handed down by the United States Court of Appeals in Cincinnati where 1t was held that a prisoner who con- spired with the official of a bank to procure the making of a certain en- try on the books of the bank designed to cover up a shortage in the funds of the bank was, although having no hand in the making of the entry. as guilty of conspiracy as was the man who made 1t.
 Could Not Certify.
 Judge Wing contended that the cases were different in that Mrs. Chad wick could not certify checks, whereas the prisoner in the Scott case could make the entry on the books if given an opportunity.
 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 it. He claimed the indictments in the Scott case and in the Chadwick case were similar and that the cases cor responded in other respects.
 Attorney Dawley in closing for the defendant asserted that the indictments in the two cases were not similar. In the Scott case the indictment declared that the defendants conspired lone with another and together" In the Chadwick case the allegation was that she conspired with Beckwith and thera was no charge that Beckwith con- spired with her. He asked that tho letters submitted yesterday in which Mrs. Chadwick sought to make ar- ran1ements for the certiication of checks when she had no money in the bank ana as a result Wnlcn one check was certified several days be. fore 1t was signed by Mrs Chadwick to be stricken from the testimony. He asked that two counts referring to this check be stricken from the indIct- ment
 Judge Tayler in deciding the motion asking the removal of the case from the jury declared that the court of ap- peals had in the Scott case" covered the question raised by the defense and that itS was therefore overruled. He did not regard the two counts of the indictment as good and District At torney Sullivan said that he was will ing that they should be killed. 1t Is probable that the casa will be given to the jury tomorrow evening That matter rests with the length of the arguments to be made by the law yers and they were not able to say this afternoon just how much time | they would require. If the argu- meats are rot finished tomorrow the case will go over until Monday. Defense Rests Case. Tha defense in the Chadwick case