The sun., 1909-06-19
NOT CLEYELAND'S WRITING
BOTH SIDES AGREE AS TO THE
SIGNATURE TO THE ARTICLE.
Counsel for Brandenburg Say They VIII
Conccde That the Late President Did
Not Write the Name which Was
Produced In nCOurt--Defence Outlined.


Produced In Court-Defenc & Outlined.
Counsel for Broughton Brandenburg,
the writer who Is being tried in the Crimi-
nal Branch Of the Supreme Court for OBJ
tanning $500 by false pretences through
the sale to the New York Times OF an
article purporting to have been written
by the late Grover Cleveland. sprang
surprise yesterday when they announced
that It was not contended that the Cleve-
land signature produced in courtib by the
District Attorney as that appended TO
the Brandenburg article Is genuine. The
signature to the article sold to the Times
by Brandenburg was cut from the manu-
script shortly after he sold 1t and the one
produced in court Is enclosed between
glass plates for preservation.
The surprise came just after Richard
Watson Glider had testified that the
Cleveland signature between the glass
plates was not genuine. Oswald Jaooby.
counsel for Brandenburg, after hearing
Mr.. elders testimony said: we do not
contend that the signature in the glass
case is genuine. After Mrs. Cleveland
and Mr.. Glider have said that 1t was not
We would not presume to say that 1t was
Assistant District Attorney Mott broke
in at this point with the exclamation that
he was hearing news and that he had
supposed that the defence had protested
right along that the signature was gen.
uine.
We have not replied Mr.. Jacoby.
and we are willing to stipulate that the
signature in the glass case ia not genuine.
Mr. Jacoby said later that not only would
they admit that the signature in court
was not genuine but that Brandenburg
would himself take the stand and declare
from his knowledge Of Mr.. Cleveland's
writing that the signature was not that OF
the ex-President. Somewhat later 1t
came out that the defence would main
tain that the signature in court could not
be the one appended to the article handed
in by Brandenburg. because that sigma
ture was genuine. They left 1t to be in
ferred that the signature produced in
court had been substituted after the
original was cut from the manuscript.
Assistant District Attorney Mott re-
fused to receive the stipulation OF the de-
fence that the signature was not genuine
and placed David n. Carvalho. the hand
writing expert. on the stand. Mr.. Car
valho not only testified that the signature
in question was not made by Mr.. Cleveland
but asserted positively that 1t was IN
the handwriting OF Brandenburg.
1t is part OF the contention Of the prose-
cution that the article rendered by Bran
denburg to the Times was written In the
office OF a stenographer on Thirty fourth
street after Mr.. Cleveland's death and
therefore could not have received his
signature. In support OF this there has
upon which the work is said TO have been
done and also the records Of the company
making the machine, which show that the
typewriter was not delivered to Miss Bacon,
the estenographer. until several weeks after
Mr.. Cleveland death. Miss Bacon has tes-
tilted that that particular machine was the
only one OF it's kind ever used in her Office
Yesterday Harrington j. Humphreys.
a typewritng expert, was called to testify
that the manuscript produced in court
as that submitted by Brandenburg TO
the Times was done on the typewriter
in evidence. Carvalho backed up this
statement.
George Pengelly, another handwriting
expert, was called after Brandenburg's
counsel had declared his Willingness to
admit that the signature under glass was
not genuine. He was asked to take the
autograph from between the glass plates
and see II they would exactly fit the hole
in the bottom OF the manuscript left when
the Cleveland signature was cut out IN
the Times office. Justice Fitzgerald de-
cided that this was a matter for the jury
TO determine, and the slip bearing Mr..
Cleveland's name was fitted to the manu-
script while the jury looked on. IL ap-
peared to fit perfectly. After this Pen
gelly testified that the paper upon which
NJ oil n xryoa fan yvD n nj
the same kind as that upon which the
article was written.
After Clerk Penny of the court had
read into the record the court papers
recording the fact that Brandenburg had
skipped his bail when his case was to
have come to trial last February and
Detective Fitzgerald had told OF bringing
Brandenburg back from San Francisco
the prosecution rested.
Lawyer Jacoby now moved for the
dismissal OF the indictment on the ground
that by the prosecution's own witnesses
it had been shown that In publishing the
article the editors Of the Times relied
executor Of the Cleveland will, that the
article and signature were genuine.
MIR. Jacoby declared that unless the
District Attorney wished to try Branden-
burg on the charge of attempting to COM
init the crime charged he would have to
show that reliance had been placed upon
Brandenburg's statement that the article
offered TO the Times was written and
signed by Mr. Cleveland,
This lacking, Mr.. Jacoby contended. it
could not be shown that Bra ndenburg
had obtained money under false pre-
tencee.
Justice FitzGerald declared the point
we'll taken but decided that il was for
the jury to decide whether or not reliance
had been placed upon Brandenburg's
statement when the article was published
The defence as outlined is that Bran
denburg took to the Times Office an arti-
Gle written by Mr.. Cleveland and signed
by MIR. Cleveland. but that since the sig
nature was cut from that manuscript
they have no knowledge Of what hap
pened TO it further than that it has not
been produced in court. II was announced
that the defence would show that the
manuscript handed in by Brandenburg
was not the one typewriter by Miss
Bacon. and that what Miss Bacon did was
merely TO make a copy OF another copy
which Brandenburg brought to her.
This copy from which Miss Bacon did
the work, II was asserted. was DANA ged
by water, and this explained the testi-
mony that Brandenburg while in the
stenographer's offioe had added some
sheets in his own handwriting.
Brandenburg was called TO the witness
stand shortly before adjournment He
told OF his early life and his career as a
newspaper and magazine writer. He
told Of meeting Mr.. Cleveland while in
pr;noatop In 1909 or 1900 and NJ e,,han