The Birmingham age-herald., 1914-03-01

the witnesses were to tpsufy to when they took the stand in his defense. He carried out these instructions to the let ter The correspondence was kept up through the medium of Maxwell's neys. copies of the letters sent, and the original that canM back, com,as i0i Q my hands, When the trial was called Dingfelter. or McCulloch, as he may now be known again, returned to St. Louis, his presence there being unknown to any one except myself and Messrs. Glover and Mcdonald.
 At the trial Maxwell took the stand in his own defense and testified that he had administered abloroform to his friend Preller on the fatal evening at the Southern hotel. for the purpose of alleviating his pain. He saw fit to men ton certain disease as the cause of Preller's sufferings, whereupon sec ond autopsy was made, which showed conclusively that Nraxwells statement on this point was untrue
 Dingfelter was among the first wit nesses to be called by the prosecution. After being duly sworn, he took his seat on the witness stand. Maxwell shot one glance at him, turned ashen pale, and collapsed. He hurriediy communi- lcated to his attorneys the ract that he recognized Dingfelter, which caused con- sternation among the party for the de-
 
 then put by the assistant circuit att torney, MT. Marshall r, Mcdonald, and were answered as follows:
 Q. What is your name- A. John r. McCulloch.
 Q. Where were you bornr A. Will mington, Del.
 Q. What is your business? A. A de- tective.
 Q. By whom are you employed? A. Thomas FurlOng
 Q. Do you know the defendant in this case (pointing to MsxwelD? A. Yes, sir.
 Q. When did you first become acqualnt- ed with him? A. In the city jail
 Q. What were you charged with? A. I believe 1t was forgery.
 Q. When and where were you arrest ed? A. I was arrested at the Mechanics bank on the corner of Fourth and Pin streets. this city, by Thomas Furlong, who was afterward assisted by a po- lice officer, whose name I do not know. Q. Why did Furlong arrest you? A.. He was commanded 10 do so by the paying teller of the Mechanics bank
 e. Why did the teller cause your ar rest? A. Because I had presented a check bearing what was purported to be the signature of D. s. H. Smith. local treasurer of the Missouri Pacific Railway company. The paying teller told Furlong in my presence, that the signature was a forgery.
 c. Did you know it to be a forgery {? A. did not.
 Q. Where did you get this check? A. Mir. Furlong gave me the check and in structed me to present 1t at the bank as l did, and told me that he would be at the bank when I presented 1t.
 Q. Was MT. Furlong there? A. Yes. he came into the bank while I was at the t.1Iy ..~.x. Warner, as l believe the tellers name Is, told him to arrest me.
 Q. Then did You not know whether the check was a forgery or not? A. No, sir. l was only obeying the instruc- tions of my employer, Mir. Furlong. I guess he can tell you all about that check More consternation. but this time among the police, who had been confident that Dingfelter was one of the leaders of the bank robbers on the Pacific coast The moment Dngfeter stated that he was a detective one of the city detec- tives rushed out of the court to the of flee of the chief of police who was in the opposite end of the building, and in- formed him what had occurred. The chief rushed into the courtroom and from that time consternation prevailed among all the authorities around the building
 For two days Dingfelter was qept upon the stand After he had been excused I was called. Having been duly sworn. l was told by the prosecuting attorney to state to the court and jury how I had been approached by Mir Clover and him self, and what I had done In connection with the case. l gave a detailed account of my work from the beginning. When had finished my direct testimony the counsel for the defense began to cross examine me.
 Where did you get this check?" he asked, exhibiting the check which Ding felter had presented.
 This is one of the blank checks that I took from Dr. Smiths office In the manner already described" T. answered
 Then you stole this check from pr. Smiths officer" was the next question
 ''I took that blank check from Dr. Smiths office without his Knowledge or consent"
 e.. Who filled out this check and signed pr. Smiths name? A. That check was filled out by one of my employees