Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-08
FIELDS TRIAL BEGUN
Under an Indictment for
Embezzlement.
IMP ELING JURY
DEFENSE ASKS FOR FREE ACCESS
TO PAPERS ON FILE.
Motions by Defense Overruled and Ex-
ceptions Noted-Plea Made
for Continuance.

Notwithstanding vigorous opposition on
the part Of the defense. Thomas M. Fields
OF the local bar. under indictment for the
embezzlement of funds of the Washington
Beneficial Endowment Association, was
brought to trial today in Criminal Court
NO. l. Among other things, 1t was as
serted that irreparable injury would be
done to Mr.. Fields should he be placed on
trial today, and that although the defend
ant had been working on the case day and
night of late, counsel were not In a po-
sition to proceed at this time The latter
declared In open court that under the cir
cumstances they could not properly repre-
sent their clfnet today or conduct the de-
tense as his best interests demanded.
Justice Wright, however. was obdurate
ana AFTER spirited discussion that was in
progress for nearly two hours he overruled
the motion for a continuance and directed
that the trial proceed.
Ihe Jurymen Of the court were examined
on their Vo1r dire and the defense exer-
~ sSI'ii anu AdSl cnduenRe at II.
o CLOCK This left vacancy in the box.
with no one available to fill it. A recess
ior forty-five minutes was taken. the
United States marshal being Instructed to
summon three talesmen during the interval
When the case was reached this morning
Attorneys ID. w. Baker and Philip Walker
representing Mr.. Fields, called up their
motion that the United States attorney be
compelled to restore to the files of the
clerk OF the Spreme Court of the District
OF Columbia papers In his possession that
are part of the record in the equity cause Of
the Washington Beneficial Endowment A $50
citation against the Commercial Alliance Life
insurance Company. 1t was claimed to be
necessary for the defendant and his at
torneys to have free access to such papers
and to be allowed to examine them.
Papers May Be Copied
United States Attorney Beach remarked
that counsel were at liberty to examine the
papers In question. but he objected to the
same being taken away from the United
States attorneys Office. for the reason that
important documents might thereby be lost
II was added that several papers have al
ready disappeared from the record of the
case. The defense insisted that the papers
In the equity case should be in the keeping
Of the clerk Of the court. 1t was pointed
out that, being under indictment, Mr.. Fields
did not desire tC -isit the Office of the
prosecuting attorney In order to examine
court records that were necessary to his
defense.
Justice Wright overruled the motion. re-
marking that should the defense specify
any particular paper 1T might be furnished
with such sufficiently long to make copy
OF 1t. An exception was noted to the over
ruling of the motion.
Request for Bill of Particulars.
Next, the defense called up it's motion
that the court require the United States
attorney to furnish Mr.. Fields with bill
of particulars In connection with the charge
against him. At the outset of the hearing
this morning Assistant United States At
torney Easby-Smith objected to the con-
sideration of the motions today on the
ground that copies of the same were fur
nished the United States attorney last
Thursday and that two clear days had
not elapsed since that time. After the
motion for a bill of particulars had been
discussed at length Justice Wright an
nounced that he would decline to consider
it, for the reason that two clear days had
not elapsed since the copy was served on
the United States attorney.
Attorney Walker read a motion for con-
tinuance, supported by an affidavit made
by Mr.. Fields and one by his counsel. Mr..
Walker charged that unusual haste and
rapidity have been displayed in forcing Mr..
f1elQS ITlAl, ana duueu tndI lFE6pdfdDlt
injury would be done the defendant by be-
ginning the trial today 1t was explained
that last Thursday the court had ordered
that a commission be issued for the taking
of the testimony of two witnesses in New
York. and that letters rogatory had been
issued the same day for the taking
of the testimony of witness In London,
England, in behalf of Mr.. Fields. This
testimony was absolutely necessary,
cording to Attorney Walker. 1t would show.
among other things, the court was In
formed, that Mr.. Fields was of the opinion
that the money alleged to have been en-
co-defendant Further, 1t was stated, al
though counsel had been working night
and day they were not prepared to proceed.
Government Attorney Responds.
In reply Assistant United States Attorney
Easby-Smith said that Mr.. Fields was a
member of the bar and (. trusted officer of
the court and should desire speedy trial.
On the other hand, the speaker asserted
the defendant had interposed every plea
known to the law, had made every motion
known to the law and further than that
had appealed from an interlocutory order.
which appeal was denied by the Court of
Appeals. Mr.. Easby-Smith went on to say
that under the circumstances Mr.. Fields
was presumed to know every fact relating
to the case, and that he could easily have
compelled the attendance In court today of
his two witnesses In New York. AS to the
witness in London, 1t had not been shown
that the testimony he would give was ma
terial It had been set forth that Mr.
Fields believed that the witness in London
would testify that Mr.. Fields co-receiver
received part of the fund, but not that the
witness would testify that Mr.. Lipscomb
received all of the fund.
THE interests of justice demand that
there be a speedy trial Of this cause Mr..
EasbySmth concluded, q and that the trial
be started today"
Attorney Walker criticised the prosecu-
ton severely for taking advantage of the
two clear days rule in opposing the con-
sideration of the motions Of the defense for
the restoration of the papers to the files
and for bill of particulars, and then COM
menting on the fact that the defense could
have had subpoenaes duces tecum served
on witnesses in New York, and had those
witnesses in court this morning with Ie-
gal half holiday Saturday and non-legal
day, Sunday, intervening.
Alleges Unusual Haste.
The alleged unusual haste displayed by