The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-29

dollar bill and received his change.
Presti Identified the bill by his initials,
which he placed on It at the time by
request OF tho government inspectors.
j. W. Gordon, formerly clerk at
Station q and now acting superintend-
emit of that branch OF the postal SER
vice. identified the letter which was
given to him at Murphy's Hotel by
the two inspectors on September 18th.
He received the letter sealed and
stamped; took 1t home and kept 1t In
his custody over night. He arrived Mt
Station b before o'clock OH the morn
ing of September 1ith. At 1850 A. M.
he started out to breakfast, leaving
Burke alone In the office. AS he went
out he dropped the test letter through
the slot In front, through which the
public deposits mail Mr.. Gordon came
back Mt .S:54 o'clock finding Burke
still in charge OF the office. Burke,
then went out to the barber shop. Mr..
Gordon looked for the test letter on
the table under the slot. and being I'M
able to find 1t, notified the inspectors.
who We're waiting near BY.
Continuing Witness told how Burke
returned about $40 O'clock with the two
inspectors. giving practically the same
account of finding the letter and the
money. and Identifying both letter and
money as those found on Burke
Mr.8 Smith again asked whether in
searching Burke. they had found a bot
tie or flask on him.
Mr.. Gordon answered that he never
saw him have a bottle, but that at
terward in cleaning out the office he
he'd found several enlpty TASKS about,
cne underneath Burke's desk and an
either among the emnty inls BOTTLES. Mr.
Gordon repeated that he did not see
the Inspectors take n bottle from
heard that they had taken one. 2
have every reason to believe he drank
continued Mr.. Gordon. ''but never saw
lhim drunk"
Judge Lewis objected to the phrase
l.sDrinking, on the sly'8.in MT. Smiths
| question.
In answer to questions MI. Gordon
stated that he had smelled whiskey
on Burlle's breath many times, and
had also seen him frequently when
there was no smell Of liquor.
Mr. Smith asked If the witness had
| not told Mr.. Phil. Kelly that Burke was
hard drinker. Mr.. Gordon snid lie
| had talked With Mr.. Kelly about the
case, and may have said that Burke
was drinking right much ut tines
ruling OF Judge.
l
Ruling on objections from the at
| torneys for the government. Judge
Waddill said he thought It was propel
to allow the witness to show Burke's
drunken condition ut the time or the
ALLEGED offense. but that there was
nothing to affect the case by showing
thatithe accused was q rabitual drunk
ard. N
The attorneys for the defense Were
directed to confinn themselves to the
question Of his condition ut the tinle
Tot the occurrence. &
III wa are goins torely on alcoholism
| for our case, as the distrlct attorney
has seen titt to !raply."s Mr. Smith re-
plled, I'VE should be allowed TO draw
testimony In proof OF this from the
witnesses tor this government
| Judge Lewis argued that the cues
| ton or alcoholism had not been touch
ed on IN his examination In chief, and
/ that any matter beyond that which was
brought gu. In the cross-eSanlinatton
was using the governments Witnesses
| for the defense.
"I submit that they have no li ght
/ 10 ilnpaacn our witnesses, but should
\ call testimony OF their OWL Nts
sllieh point lie sa1. ~
Mr.. Snt,l, WAS allowed 70 ask MI
/ Gordon whether. he did no h tat a TO Ali.
ISelly that Bnrke's condition was due
Ito whlskey. AIr.| don said ha8could
Il n N.1 10. ~ ~.