Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-10
Prosecution Introduces Docu-
mentary Evidence.
DEF ENSE OBJECTS
DISCUSSION OF POINTS RAISED
BY ATTORNEYS.
Decree Signed by Equity Court Pre-
sented to Prove Ownership
Of Money.

Hearing in the case of Thomas NJ. Fields.
one of the receivers of the washingt ton
Beneficial Endowment Association accused
Of the embezzlement OF funds of the asso-
citation. occupied the entire session OF
Criminal Court No. / today and at the
hour of adjournment this afternoon the
end was not in sight.
One of the most important results accom-
plished today by the prosecution was the
getting in evidence OF certified COPY of
the original certificate of Incorporation of
the Washington Beneficial Endowment AS
ISOLATION. The original certificate has not
been found. The defense objected strenu-
ously to the admission of the certified COPY
1t was regarded as very essential for the
prosecution to prove that the association
was a corporation.
When the prosecution offered in evidence
the decree of the court i'm the equity suit
OK the Washington Beneficial Endowment
Association against the Commercial ALI
ance Life Insurance Company. as evidence
OF the ownership OF the money alleged to
have been embeZzled. the defense promptly
objected and discussion was precipitated
that consumed a great deal OF time and
included the reading from many legal au-
thorities.
Bank Employees on Stand.
When the hearing was resumed this morn
ing the prosecution called w A. Seybold. a
witness stand. He identified two checks
which he said had been deposited In the
bank named by Mr.. Fields. The witness
placed the same to the credit OF Mr.. Fields
The next witness was John +. King.
bookkeeper of the Second National Bank.
The substance of his testimony was that in
November, 1902. in his presence Mr. Fields
deposited $4,000 in the Second National
Bank.
Col. George F. Schayer for more than
deputy recorder of deeds Of the District of
Columbia. was called by the prosecution for
the purpose OF testifying regarding the Gus
tom that prevailed in the Office mentioned
as 10 she receipt and recording OF certli-
Gates Of Incorporation. 1t seems that the
original certificate of incorporati ton OF tbs
Washington Beneficial Endowment ASS ocil-
ton cannot be found. The prosecution e.
fered in evidence certified copy of the cor
tlncate, taken from one of the record 90 ,iss l
of the recorders office The defense cb-
Jected and the prosecution therefore sought
10 prove by Col. Schayer the custom of The
recorders Office in relation to the retention
there of original certificates of incorpo-l-
ton and the copying of the same into record
books
Attorney Baker of counsel for the defend
ant, however. raised the point that the loss
or destruction of the original certiicat tie
had not been sufficiently proved long
discussion followed, the result. being that
the copy in one of the record books in thee
office of the recorder of deeds of the Ger
tificate of the incorporation OF the WASH
ington Beneficial Endowment Association
was admitted in evidence.
Mr.. Robert Bruce Dona ldson, one of tho
incorporatorS of the Washington Beneficial
Endowment Association. and its president
Tor twelve years, so lac stated appeared as
a witness for the prosecution. Among
other things he testified that the aSsocia-
ton ceased to do business about the year
1898. at which time Lawrence Gardner WAS
president. The witness at the time the as
Sociaton ceased to do business was not
connected with ii.
over the objection of the defense the
prosecution had admitted in evidence u
certified copy of the deed TO the Wash
mgton Beneficial Endowment Association
of the real estate on 10th street. which was
later sold by Mr.. Fields and the other re-
ceiver of the association.
Decree offered in Evidence
Next, Assistant United States Attorney
signed by the Equity Court in the case of
the Washington Beneficial Endowment
a ssociation against the Commercial Al
lance Life Insurance Company. The de-
cIee was offered for the purpose of
taDliShinS the ownership of the money
alleged to have been emoeZZled by the
defendant. Counsel for the defendant OBJ
jected and a long argument followed. the
jury being excused in the meantime.
The first paragraph of the decree, which
was signed June -. 1896. was admitted i'll
evideLce. and the second paragraph eX-
Guided. To the admitting OF the first para
graph. the defense noted an exception.
Next, the prosecution offered report Of
the auditor of the Supreme Court Of the
District of Columbia, dated July 81, 1889.
in the of the Washington Beneficial
Endowment Association against the Com
mercial Alliance Life Insurance Company
The defense objected. the objection WAS
overruled and exception was noted.
Similar action was taken regarding
supplemental report of the auditor, dated
auditor filed December 4, 1903.
The Introduction of other court papers
relating to the case was in progress up 10
the hour of adjournment this afternoon