Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-13
Statesmen Testify in Case
Against Waterbury.
NEVER RECEIVED RETURNS
Accused Told Them He Represented
Associated Press.
SAID IT WAS NEW SCHEME
Senator Burrows and Representa-
tives Hull and Bartholdt Wit
nesses in Criminal Court No. 1.

Senator Burrows Of Michigan, Repre-
Bartholdt Of Missouri. Repre-
Hull of Iowa and Ormsby Nc
Harg, former assistant secretary Of COM
merce and labor and former assistant at
torney general, testified as witnesses to-
day in Criminal Court No. at the trial
of Jules NJ. Waterbury. indicted for false
pretenses. From each of these men the
Indictment charged that Waterbury Sc
cured money on the representation that
he was connected with the Associated
Press, which was sending out pictures
and biographical sketches of prominent
men.
The defense Won point when Sena
tor Burrows was unable to identify the
prisoner as the man who received IL
check for $40 from him. The defense
as foreshadowed, is that Waterbury did
not represent himself as being con-
nected with or coming from the As
sociated Press, but as representing
press bureau or association which wa
to furnish to subscribing
portraits and biographical
matter about public men. very much
after the manner in which the ASSo-
ScriberS.
MI. Hulrs Testimony.
Representative John A. T. Hull of Iowa
was the first witness for the government.
He said he was called on the telephone
November 81, 1908. and told the Asso-
ciated Press wanted to talk with him,
and asked if he would receive a repre-
ntofi he On al Waterbury
in response and explained the scheme for
sending out the illustrated biograp hies.
Mr.. Hull said he declined at first to have
his biography distributed. saying he did
little in the way Of advertising.
Waterbury,. the witness SAID, shoWeo
the picture of Secretary Root and others
and explained that the Associated Press
now had a new method of taking i'm
bressions in wax from a matrix and
made the distribution Of illustrations
easy. He said Waterbury explained that
the Associated Press would distribute
these wax impressions to its various
offices, to be used when prominent man
died..
Mr.. Hull said Waterbury promised to
deliver 100 copies Of his photograph FOL
$50. The witness agreed to purchase anc
nav for them on delivery. Waterbury
he declared. expected no delay in pay
ment. and displayed press badge. re
marking, You can see how the police
regard me-" Considering this badge ar
assurance that the man was an employe
of the Associated Press. Mr. HUI salo
he gave his check. He did not receive
the promised photographs. the witness
declared
On cross-examination Mr.. Hull said Inc
did not know that all representatives OF
the press are equipped with badges as
credentials He insisted that Waterbury
had declared that the scheme he was
advancing was the work of the ASsocIa-
ted Press.
He admitted that Waterbury gave his
card and that it was not to the office OF
the Associated Press that he Went to hunt
Waterbury when the photos were not
forthcoming but to the latter's Office IN
the Munsey building.
Failed to Identify Accused.
Senator Burrows was next offered as a
witness, but he could not identify the
defendant, and declared that Waterbury
had represented that he was with the
National Press Association of New York
He said he gave the man who called a
check for $40.
Defendants counsel. Henry f. Davis
had no questions to ask. but requested
the court to strike out the testimony
OF the senator. Mr.. Baker objected. and
Justice Gould reserved his ruling.
Representative Bartholdt of Missouri
was the next witness. He identified
Waterbury, whom he said he had seen
twice Mr. Bartholdt said Waterbury
visited him and told him the Associated
Press had no plate Of his photograph
and desired one.
Mr.. Bartholdt said at that time he was
receiving requests for photographs from
many newspapers and he accepted Water
burys proposition, giving his check FOR
So. Before drawing the check the wit
ness testified he told Waterbury the AS
ISOLATED Press. so far as he knew had
Mr.. Bartholdt stated that the defendant
then assured him that it was a new fea-
ture that had been adopted.
On crosS-examinatfOn Mr. Barthold,
stated that the connection of the new
scheme for publishing pictures with the
Associated Press was mental connec-
ton made by him from statements of
the defendant.
Never Received Plates.
Senator Burrows being recalled, testi-
fed that he never Received the plates fol-
which he paid Waterbury,. Mr.. Davis
then showed the senator a receipt of the
express company as to the delivery of the
plates to the home of the witness. The
senator stated that at the time the plates
are shown by receipt to have been deliv-
cred he was in Denver, Col.
IOrmsby McHarg. former assistant at
torney general, testified that he was ap-
preached by the defendant and asked fOi
a steel engraving of himself: that the AS
sociated Press desired picture of wit
ness.
Mr. McHarg testified that he asked the
defendant his name. and stated that he
told the defendant that he did not see
why the Associated Press should want
his picture. Waterbury detailed certain
things that had been done by witness and
assured him that the board of directors
of the Associated Press had decided to
get an engraving of him. On this assur-
ance. Mr. McHarg testified. he gave Wa
terbury $96 to cover the cost of having ar
engraving made for the Associated Press
Mr.. McfIarg later. becoming dubious OF
the transaction. withdrew his subscription
and had his check returned.