El Paso herald. (El Paso, Tex.) 1901-1931, 1910-11-10
CHECK WAS FOR
SERVICES To
ELMEE'
Defendant Says He Sent the
Check to Welsch for Serv-
ices at Corpus Christi.

For services rendered McEwee," is
the reason why a check for $26 was last
March sent to Henry Welsch then Il
member of the FL Paso school board, by
the Texas Seating company, of Fl.
Worth, of which a NJ McElwee is presi-
dent. The reason was brought cut at
the hearing of the case of McElwee
Wednesday afternoon in the 24th district
court, when he was called to answer to
an Indictment charging him with etfcr-
ing to bride an officer.
The reason is set down in the logger
of the Texas Seating company on a
page devoted to the account of Henry
Welsch, and bears the date of May 81,
1909. incidentally, the reason was quail
fled at the hearing of the case by the
statement that the services were rem
dered at Corpus Christi.
Although not brought out at the
hearing, it developed that McElwee. at
Corpus Christi in May. 1909, was a
candidate and was elected state deputy
of the Knights of Columbus, and that
Weisch, delegate from Ell Paso. OPP
posed him.
An Instructed Verdict.
McEFwee, however, was acquitted We'd
nesday afternoon, Judge Harper sustain
ing the demurrer offered by the defence
at the close of the states testimony.
The demurrer recited that the state had
failed to connect McElwee with offering
BRIDE and that no case had been made.
The defence did not have to put a wit.
ness on the stand.
Witness Absent.
The inability of district attorney
Howe TO locate II. r. Westlake, formerly
connected with the Texas Seating COM
pany, is in a measure responsible for the
court sustaining the defendants demur-
rer, Mr.. Howe declares.
At the hearing of the case Wednesday,
J. H. Harper. school trustee. testified
for the state that Henry Welsch was in
1908 member of the school board. and
of the external committee of the board.
He also stated that on Aug. Is, 1908,
the external committee and the school
board purchased some school seats: that
A. NJ. McElwee was in the city and was
a bidder for the contract, which amount
ed to about $4,000, and that the bid of
the Texas Seating company, represented
by Mr.. McElwee, was accepted.
Company Employees Testify.
ii. w. LeuthstroGn, manager Of the
Texas Seating company, was the next
witness for the state. He identified she
s26 check sent to Ell Paso and stated
that it bore his signature. As 10 writ
bllC CiiOShy A-COOuSJIOit SldtcOs
Il was instructed to draw it by Mr..
McEfwee'
Continuing. Mr. Leuthstrom said: Mr..
McElwee told me the check for Mr..
Welseh was for services rendered him
at Corpus Christi"
The check was submitted to the Jury.
The ledger of the Texas Seating COM
Pany was then produced and on one
page, according to Mr. Leuthstrom's
testimony was May 81, 1909. services
rendered AIcElwee, S26."
I. 7. Mcdonald, a stenographer EN-.
ployed by the Texas Seating company,
was The next witness He stated that
he had not written the letter accom-
panying the SIG cheek which was sent
to FL Paso, but that the letter was from
the office of the Texas Seating COM
pany.
WEIGH on the Stand.
Z. B. WEIGH was the next witness and
he identified the letter and envelope as
received by him accompanying the SIG
check, which IS in the possession of the
jury, and which resulted in the indict-
ment.
The letter bears the signature of H.
r. Westlake, who was in February
employed by the Texas Seating com
pany. but has since left the company
and cannot be found.
Following the instructed acquittal.
neither Mr.. AlcElwee nor his attorneys