Evening star., 1915-06-22
Attorney for John W. Henry or
fers Evidence Which the
Court Bars.
SAYS JURY SHOULD KNOW
INTENT OF DEFENDANT
Proceedings Today in Embezzlement
Trial Resulting From Failure of
Lewis Johnson & Co.

ou can't put man in the neniten-
t1arE without letting the jury know
what he did and what ne intended.
efnphaticaliy declared Attorney Daniel
me" wright at the trial of John will
liam Henry, former head of the bank
rupt brokerage firm Of Lewis johnson
& Co, which was resumed TODAY h.,or.
Justice Siddons and a jury in Criminal
DiNis'on :. Mr Henry is being tried on
the charge of embezxlinR checks of
si'''o sent TO the brokerage firm by
MRS Isabel Barklie of WAYNE. Pa. to
be invested in stocks
The statement OF counse, >,r ~. do.
tense occurred in the course of his ar
sument against an objection by United
states Attorney Laskey and Assistant
Ihlted States Attorney Archer to al
rowing Edward Waller. first witness
Tor the defense, to testify concerning
.ne accounts of William A. Mearns and
tharies p. Williams, former associa ia
members of the brokerage nrm of
Lewis Johnson & Co Justice siddons
sustained the objection and caut;oned
.ne jury not to consider statements of
nUunset ,.; on either side. but to deter
lille the case on the evidence alone.
Statement by Counsel.
Attorney Wright said he exn.c+~d q,
prove that Mearns at the tim. NJ hi.
withdrawal from the Arm ovAa 1.v;.
Johnson & Co. s2s5,ooo, and that Mr.
Williams owed s2ss,7oo. This indebt-
edness aggregating more than half a
nllilon dollars. counsel asserted, was
assumed as a burden by Mr.. Henry who
stayed with the firm, borrowed money
on on mis- life insurance. raised more
than 100000 and applied every cent
toward the debts Of the firm. Attorney
wright declared he expected by the
testimony refused him to show that
Henry destroyed himself financially to
put what he could into the Golfers of
the firm, which would indicate an in
tent not to defraud, but to save.
When the court refused to allow the
accounts specified to be shown to the
jury or testimony concerning them
given by thetwitness. Attorney Wright
announced the close of his examination
of the witness.
Assistant United States Attorney
Archer asked the witness where the
money of depositors at Lewis johnson
4 Co.'S bank was kept. and on being
told that 1t was customary to place it
in other financial institutions the as
on Lewis Johnson 4 Co. were honored.
Attorney Wright objected ana Mr..
Archer withdrew the question and per-
mitted the witness TO leave the stand.
Robert v. Fleming Testihes.
Robert vedder Fleming, clerk at
Riggs National Bank and a SON. in law
of Attorney Wright. counsel for the de-
fense. was the next witness called. He
identified deposit slip already in evil
dence in his handwriting and said it
was not written by him on the date
mentioned, but was prepared at direc-
tion Of the cashier on the Saturday
preceding the Henry trial and in obe-
dience to court subpoena. The wit
ness identified a deposit slip for $4,000
of date February 10. 1914. showing that
Mr.. Henry had made that deposit to the
credit of Lewis johnson & Co.
Counsel for the defense sought to
have witness tell of deposit by Henry
of check from an insurance company
to the order of Mrs. F. 3. Henry in part
liquidation of note Of Lewis johnson
& Co. held by the bank. but on ob1ec-
tion the testimony was not received