Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-03

tail. OF the object OF the deposit and assess
ment fund. kept In the Traders National
Bank. and the manner of checking against
and making deposits to the credit of the
fund The checks drawn by the auditor
against funds In the Central National Bank,
Identified by Mr.. Petty. were to reimburse
the deposit and assessment fund kept IN
the Traders National Bank. The two
checks drawn against the Central National
Bank that figure in .ne of the indictments
and the five checks drawn against the treas
basis OF the other true bill, were read to
the jury by Mr.. Petty.
Watson's Duty.
1t was watson's duty. the witness said.
to deposit the seven checks that figure In
the trial. and to make proper entries in the
ledgcrs after having deposited the checks.
Watson wrote the checks and presented
them. accompanied by the vouchers, to the
auditor fo1 the signature of that official.
The auditors deposit or pass" book, is
sued by the Traders National Bank. was
admitted in evidence. 1t was offered by
the government to show that there were no
entries in the book indicating that the
checks referred to in the indictments had
been deposited.
At the instance of United States Attorney
Beach, Mr. Petty told how the three bank
accounts IN his name. as auditor. origi-
mated and were used. The bank accounts
consisted OF moneys deposited by citizens to
cover the cost of making repairs to pave
ments and the like. For instance. If
plumber cut through the pavement of
street or roadway, that pavement would
be restored to proper condition from the
money deposited by the plumber.
Watsons connection with the auditors
office terminated June 8. 1903. said the wit
ness. The defendant had been away on a
short trip. having left May %. He return
ed Thursday, June T. The following con-
tod
the witness.
Mr.. Petty-Did you have pleasant time.
Mr.. Watson?
Mr.. Watson-Oh, yes; had fine time.
Mr. Petty-Wen. I haven't had such
pleasant experience I have been endeavor-
ing to have that trial balance made. that l
have been trying to get from you Tor sucn
a long time. Do you know what that
means?
Watson-No.
The witness said he then showed Watson
a paper, but the defense objected to the ma
ture of the paper being disclosed, as 1t does
not figure in the Indictment
Asked Watson to Explain.
Continuing his testimony, Mr.. Petty said
that Watson then went to his desk. A lit
tie later in the day, said Mr.. Petty. Wat
son said he felt badly and requested per-
mission to go out so that he could get fresh
air. He was excused.
II was summoned to the Office about 6
o'clock that evening" Mr.. Petty went on
to say, land telephoned Watson TO report
there. He complied promptly asked him
to explain two or three items. His reply
was that he could not explain them"
AS Mr.. Petty was about to repeat some
thing in the nature of a confession that
Watson is alleged to have said the evening
of June 4, 1903. the defense asked to be per-
mitted to crosS-examine the witness to
learn If any inducement had been held out
% XUaN 20 a1yo ton,
At this point, it being 1870 O'Clock, the
usual midday recess of the court was
taken.
Alleged Free Confession.
After the recess it was developed that
no inducements had been held out to Wat
son to make the alleged confession. Mr..
Petty then detailed the manner in which
Watson had practically admitted having
taken the money. Mr.. Petty had asked
Watson if the shortage amounted to $40.
600, then $4,000 and SO on. the witness
testified, until the inquiry was made If It
was more than certain large amount.
and Watson replied that he did not know.
Mr. Petty was placed at the disposal Of
the defense for cross-examination. which
was conducted by Attorney Mcnamara.
The intention of the defense appeared
when Attorney Mcnamara inquired:
Mr.. Petty did not this money you had
in the Traders National Bank belong to
individuals or corporations until you
checked it out?"
United States Attorney Beach was on
his feet in an instant.
Il object" he answered.
Attorney Mcnamara changed the form
of the question and Mr.. Petty admitted
that depositors to the fund were entitled
to have their money refunded on applca-
ton
MIR. Petty next was asked by what au-
thority he handled the deposit funds as he
had done, and the reply was that he had
acted by order of the Commissioners of the
District of Columbia.
Statement Of Defense.
Attorney Baker thereupon announced the
position that has been taken by the de-
tense. 1t is that the auditor for the Dis
trict of Columbia had no authority for the
handling of the checks in the manner he
had followed, and that Watson, acting as
the auditors messenger, could not be held
for the alleged embezzlement of checks for
the handling of which the auditor had no
authority.
After long discussion Mr.. Beach with
drew his objection and Mr.. Petty stated
that he could produce the order, which was
done. This order, 1t was stated, was
changed about after it was issued.
The crOss-examination of Mr.. Petty was
in progress at a late hour this afternoon.