The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1905-03-10
END OF The PRESENT
CHADWICK TRIAL MAR
CASE WILL PRoBABLY GO TO
JURY TO-DAY.

Refusal OF Judge Taylor of Motion
Asking the Removal of the Case from
the Jury--Andrew Carnegie Not
Called Upon to Testify but a Check
for s64.4O Awaits Him for Witness
Fees-Might Testify Later.
Cleveland, o., March 9.-Andrew
Carnegie is now definitely out of the
present triaf of Mrs. Chadwick. If she
should be acquitted this time. Mr. car
negie might appear at a subsequent
trial, but as far as theexisting case IS
concerned, his pay as a witness is wait
ing for him and he is at liberty to go
home.
United States Marshal Chandler to-
day made out a check for $64.40 to Mr..
Carnegies order, and it is held at the
marshaIs office pending Mr.. Carnegie's
call for it. If he does not call it will
be mailed to him.
The defense to-day made determined
effort to have the case taken from the
jury, and a verdict of acquittal ren.
dered by the court. After arguments
lasting through the greater part Of the
day, Judge Taylor just prior to the
afternoon adjournment, overruied the
motion. The defense also attacked two
counts of the Indictment and main
tanned that certain parts of the testi-
mony offered by the government be
stricken out. An admission from the
judge that he did not regard the two
counts as good was the extent of
the satisfaction secured by the defense.
The acquittal of the defendant was
asked on the ground that the indict-
ment charged her with conspiring to
commit an offense against the United
States, in that she conspired with
Beckwith and Spear to certify Illegally
checks Of the Oberlin bank. 1t is
claimed by attorneys for the defense
that Mrs. Chadwick, not being an Of
ficer Of the bank, could not certify
checks, and that she could not be
charged under the law with conspiring
to commit an offense in conjunction
with others which she had not the
power to commit alone.
Now let me get at this" said Judge
Taylor. Suppose that married WON.
an conspired with a married man to-
marry that man to another woman,
thus contracting a bigamous marriage.
1t is impossible for the woman con.
spring to marry the other woman. Do
you, therefore, claim that she could
not be punished for conspiracy to com.
nit bigamy, because it was impossible
for her, in that particular case, to COM
init bigamy herself?''
THAT is exactly my contention re-
piled Judge Wing, counsel for Mrs.
! Chadwick.
Mrs. Chadwick's counsel also asked
that the letters submitted yesterday, in
which Mrs. Chadwick sought to make
| arrangements for the certification Of
checks, when she had no money in the
bank, and as a result of which one
check was certified several days before
it was signed by Mrs Chadwick be TAX
en- from the testimony. 1t was argued
that although Mrs. Chadwick had writ
ten them there was no evidence to
show that she had ever mailed them;
nothing to show that they had been re
csived by Beciswith and Spear, or had
/ influenced them in any way.
Judge Taylor in deciding the motion
| asking for the removal of the case from
the jury, declared that under a deci,
sion Of the court Of appeals, in a some-
| what similar case. the motion was
therefore overruled. The letters, Judge
| Taylor said, were competent evidence
There was nothing in the case to show
i that they had been received by Beck.
with or Spear but they were, however,
! statements made by the prisoner, and
he would allow them to remain, de-
/ claring that he would in his charge in.
struct the jury concerning them. 1t is
probable that the case will be given to
the jury tomorrow evening. If the ar.
guments are not finished tomorrow,
however, the case will go over until
Monday.