The Washington times., 1905-03-10
CHADWICK CASE
NEARING AN END
Evidence for the Defense in
the Jury's Hands.
ARGUMENTS NOW GOING ON
Prosecution Scores Two Points in the
TuaI-Declines to Discharge
Prisoner
ARGUMENTS NOW GOING ON

CLEVELAND. March 10-The Govern
ment scored two important points In the
Chadwick trial when Judge Tayier re
fused to take the case from the jury
and discharge the defendant, and when
he refused to rule out the two letters
written to Beckwith and Spear of the
oberlin Bank by Mrs. Chadwick. Today
viii be taken up by arguments to the
jury. and the case may not go to 1t until
Monday.
The defense rested yesterday after in
Producing the testimony Of T. c. Doo-
little. expert accountant, of Cleveland.
and recalling two of the Governments
witnesses.
Mr. Doolittle was to show that the
Chadwick transactions were not irregu-
lar, that there was no conspiracy to
rob the bank and that her business
created situations daily met with in
most banks.
Bank Credits.
Discounts as credits were touched
upon at length. He said he found two
entries, one for $4,000 and another for
5000. on the Oberlin bank books in favor
of Mrs. Chadwick.
Q-What does that indicate?
A.-That she Is credited with $4,000.
Q.-Do you find any other entries in
her name?
A.-Yes, sir; two In the discount regis
ter. one for $4,000 and one for s5.000 un-
der the date of August a. 1868
Q.-Do you find any other entry with
respect 10 this transaction under the
name of C. L. Chadwick. referring to
this transaction of that date?
A.-No. sir, I do not.
This, it viii be claimed, showed that
the two notes, one for $4,000 and one
for $1,000. were discounted at the bank
by Mrs. Chadwick on August "a. and
that these two notes took care Of the
certified check, dated November 3, 1903
for $4,000.
Grounds for Discharge.
The defense in it's arguments for the
discharge of Mrs, Chadwick, set up two
grounds: First, that the Indictment did
not state the offense properly; second,
that the evidence did not support the
enarge. Judge Wing argued Tor the
defense.
He contended that Mrs. Chadwick
could not be guilty under the indiet-
rlent because it charged her with con
spiring "to commit an offense that she
could not commit, to wit, the certidca-
ton of a check the Citizens Ma
tional Bank of Oberlin. when there were
no. funds on deposit there to pay the
check. -
fIe~eorlteflefed that she could not GER
tify the check because only an officer
of THE bank could do that and that
therefore she could not eonspire TO GER
Eff everything done in this indictment
IS true there would have been no criYni-
nal case against Cassie L. Chadwick,
he continued "She could have written
the word certified on the checks and
vet she would have been guilty of no
offense, because she is not bank off1-
Ger.
which she could not do. That she should
conspire to have Beckwith or Spear OF
both do something criminal does not
bring her within the meaning Of the
could not have been charged with certf-
fyins 10 a check, because she would
first have To- he d bank officer before
she could certify 10 check.
Charges Conspiracy.
District Attorney Sullivan replied. say
I'm a case of conspiracy any one OF
the conspirators may be indicted alone
may be indicted jointly with ot--ers
and with all others or any one
He quoted q decision rendered or
June l. in the United States circui
court at Cincinnati. in which Judge
Richards held that one could be indicted
and tried for conspiracy even though
the offense that was alleged had beer
committed as d result Of conspiracy an(
could not have been committed by ont
OF the parties TO the conspiracy
Judge Tayler then overruled the mo
ton to take the case from the jury
Judge Tayler said the Indictment itsei
under the law and the testimony hai
been definitely decided upon by the cir
cult court of appeals