The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-06
Little Child of One of the
Jurors Dies.
THE CASE CONTINUED
All Evidence Was in, the Defense Of
iering None, and Argument Was
About to Begin When News
Came of the Child's Fatal
Illness.
Especial to News and observer

Especial to News and Observer
New Bern, NJ c., July. 5.-Provi-
dence saw fit to take the life of the
month-old baby of Juror Mcintosh,
serving in the Dewey case just after
the close of the trial, and Tom Dewey's
fate would have been known tomor-
row night but for the death of this
child.
The trial opened this morning after
a stubborn fight by the defense for
postponement and the ruling of eX-
ceptions to the ruling of Judge Moore
ordering the trial to be proceeded
with. The prosecution concluded its
testimony late this afternoon and
rested and after a brief consultation
among counsel for the defense it was
announced that they would offer no
witnesses. Arrangements were then
made for the argument to begin, when
an urgent cali was received by Juror
a. A. Mcintosh, stating that his wife
needed him at home as his month-old
baby was at the point OF death. Judge
Moore ordered that the man be al
lowed to go home to return tomor-
row if the child's condition improved,
but to reamin in case OF continued
critical condition or death.
Just after darkness gathered and
before the juror had been home a
moment his newly born child died.
The far-reaching effect of the working
of Providence. which Dewey has all
along said would yet save him, is be-
ing remarked upon here tonight. The
court has ordered q mistrial and the
case is continued until the next term of
court.
The trial today was without sensa
ton, but was marked by the number
of objections and exceptions taken by
the defense and every inch was stub
bornIy contested. yet there was no
ill-feeling engendered by the trial.
Judge Moore conducted the case in
n manner that called forth many COM
plimentary remarks, and his rapid dis
patch OF the business of the court was
also a subject of comment. There was
little if any direct testimony regarding
any specific act of defalcation or en-
bezzlement, this apparently being ta-
ken for granted by the prosecution IN
the examination of witnesses. n letter
written in December by Dewey to w.
&. Blades confessed his guilt and pro-
posed a compromise and such reim-
bursement as would be satisfactory TO
the losers in the bank failure.
This letter was the only sensational
feature of the day. The letter to Ihe
News and Observer was used in court,
but not Introduced as eVlQence ana
w. III. Bagley. of The News and OBJ
server, and Ii. G. Brown, of the Cor
poration Commission, who We're sum-
moned by the prosecution We're not
placed on the stand.
ID. w Roberts, former teller OF the
Farmers and Merchants Bank, testi-
: fled to certain books of the bank and
identified the handwriting of Dewey.
T., H. Dyer, of the National Bank of
Commerce, of Norfolk, testified TO
the differences shown at his bank and
at DeWey's bank in the matter of bal
ances and remittdnceS as recorded.
w E Borden cashier of the Bank
of Wayne. produced letters and remit
tances OF Dewey, and showed de-
crepancy of ten thousand in the case
of the entry in the name of that bank.
About twenty thousand Discrepancy
was shown in the case of the Nationaf
Bank of Commerce, a less amount Ill
the Merchants National Bank of Baltl-
more and nearly twenty thousand in
the case of the Bank of America OF
New York. The total discrepancies
actually shown exceeded sixty thous-
and dollars. Ex-State Bank Examiner
John O. Ellington told the story OF
closing the bank and gave some flSufeS
relating to the discrepancies IN ac-
counts with other banks.
There were great crowds at the
court house to hear the trial, among
the number being quite a party of Ia
dies of some of the first families OF
New Bern.