Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-12
ARGUED BEFORE JURY
Points Raised in Trial of
Thomas M. Fields.
OBSERVATION-DISCLOSURES
CASE TO GO TO JURY ON TWO OF
THE COUNTS.
Objections to Some Remarks by Prose-
cutting Attorney overruled by
the Court.
OBSERVATION-DISCLOSURES

The indications at late hour this aft
ernoon were that a verdict will not be rem
dered prior to next Monday in the case of
Thomas NJ. Fields. on tiial in Criminal
Court No 1 for the embezzlement of funds
of the Washington Beneficial Endowment
Assoc:at on. he being one of the receivers
of the association.
Almost the entire session of the court to-
day was occupied with the summing up Of
arguments of counsel to the jury. Assist
ant United States Attorney EasbySmith
was before the jury up to the time the
usual midday recess was taken, and Attor-
ney Philip Walker of counsel for the de-
Tense spoke throughout the afternoon The
understanding was that Attorney D. w.
Baker. for the defense. and United States
Attorney Beach. for the prosecution, will
address the jury Monday, in the order
named There will be no session of the
court tomorrow.
1t is explained that the case will go to
the jury on only two of the original eight
counts of the indictment 1t will be pos
sible for the jury to find the defendant
guilty of the ENFORCEMENT of funds be-
longing to the Washington Beneficial En-
dowment Association of funds belong
ing to four creditors of the association.
The jury, however, cannot find that the
longing to the association and to the cred-
itors to whom refernce was made. There
fore in the event he should be convicted
he would be declared guilty under one
count only of the Indictment.
Scathing Arrangement.
During his remarks to the jury today AS
sistant United States Attorney Easily
Smith scathingly ararigned the defendant,
and in referring to his alleged wrongdoing
dc
throughout he ordeal was APPARENTLY the
coolest individual in the crowded court
room Properly attired even as to the de-
tails of dress the defendant sat at the
counsel table calmly reading through the
prayers for instructions to the jury. He
was the target for an almost continuous
string of oratOrical shots fired by the as
sstant United States attorney. and al
though Attorneys Baker and Walker re-
peatedly objected and urged that the
speaker be Kept within bounds, Mr.. Fields
seemed unconscious of what was being
said done.
There was a man in this city, member
of the bar, who was intrusted with con-
siderable sum of money. and he stole it,
Assistant United States Attorney Easily
Smith began. whether he spent it in
riotous living or for works of love or in
sweet charity's name makes no difference.
He stole it, and the finger of justice points
to the defendant at the bar as the thief. y
The foregoing was the keynote to MIR.
EasbySmith's address. He made no eff
fort to spare Mr.. Fields. He told of the
defendant being a member of the bar, who
had subscribed to an oath to demean him
self uprightly. Instead of fulfilling that
oath. the speaker asserted, the defendant
became common thief.
Refers to Papers and Checks.
The assistant prosecuting attorney spoke
of the chronological and logical sequence
of the confusing mass of papers and checks
that had been introduced in evidence in the
case. and explained the. relation of the
checks and certificates to the management
of the funds. Certain of the checks, it was
declared, would show by the Endorsements
thereon that Fields got at least part of the
money alleged to have been embeZZied tor
his personal use. II was pointed out that
the government has no intention of shield
ing Mr.. Fields co-receiver in the matter.
Mr.. Fields alleged flight was discussed by
Mr. Ea shy Smith. Mention was also made
of the defendants attempt, while at Ray
vile. n. Y, Ito break into another honor
able profession" by holding himself out as
Or. Brown
God help his patients if he treated them
as he did his clients the speaker ejacu-
lated.
Attorney Baker moved that the remark be
stricken from the record, but the motion
was oVerruled.
Objection was also entered when Mr..
Easby-Smith, conveying the idea that Mr..
Fields had prepared and conducted his own
defense, remarked that counsel for the de
Tense had merely served as monographs
for the man on trial. The objection was
sustained and the speaker withdrew the re-
mark.
Prosecutors Closing Remarks.
Assistant United States Attorney Easily
Smith concluded his address by discussing
.'honor among thieves. He declared that
from letters written by the defendant it was
clear that the latter was dishonorable
''even among thieves" Attention was call
ed to the fact that many persons regard the
word Lawyer" as synonym for the word
rascal" The speaker defended his profess
sion. and added that If he had displayed any
feeling in his remarks II was not personal
to the defendant. but was meant for all
those members of an honorable profession
who had brought disgrace upon themselves
and upon the profession
Courts Ruling.
At the outset of the trial when Attorney
Baker called up the motion of the defend
ant for bill of particulars, the United
States attorney objected to it's considera-
ton because it had not been filedwithin
the time required by rule of court. The
court announced that he would hear what
points were made by the motion andafter
hearing whether the motion had any merit
would then decide whether to apply the
rule to it. Afterthe motion had been de
bated by both sides the court discussed It
at length, reached the conclusion that 1T
was without merit and was not well
taken and announced that for that reason
he would hold 1t to be within the rule.
Dr. w. p. Young. who appeared as wit
ness. Is secretary of the Franklin Fire In
surance Company, and not of the Washing
ton Beneficial Endowment Association. He
explains that he was never connected with
the association in any capacity.