Evening star., 1915-06-11


for Insurance and Annuities did not
pay over $4,000 of the money on ac-
count of the stock purchases, and
whether that sum was not still due the
company from the witness.
In noting an exception to the ruling
Of the court refusing to receive the
answer the lawyer made proffer
to show that because of the non-pay-
ment of this money to the Pennsyl-
vania corporation it and not the wit
ness was the complainant against Mr.
Henry.
Attorneys Clash.
Two or three clashes between coun-
sci eniivened the court session this
morning and one brought forth SO
much laughter from the audience that
Justice Siddons threatened to clear the
courtroom.
Judge Wright had asked Mrs. Barklie
If she ever sought the arrest of Mr.. Henry
after the witness had testified that her
husband and Mr.. Henry were friends and
fellow-clubmen and that she liked the de-
fendant. United States Attorney Laskey
was or his feet in a moment, declaring
that Judge Wright from his long expert
ence the bench knew better than to
PROFOUND this query.
81 am a public official said the
United States attorney, land it is my
duty to prosecute any crime called to
my attention..
Judge Wright responded
There are a good many people walk
ing around the street that you ought
to get after
Both sides asked that the remark of
the other he expurged from the rec
ord but the court did not rule on the
matter and it was passed over.
Completes Examination.
Assistant United States Attorney
Archer completed the direct examina-
tion of Mrs. Barklie about II O'Clock
after inquiring if she was not the
owner of premises 1912 Sunderland
place and If she ever received any
Mexican petroleum stock. The wit
ness answered the first inquiry in the
Affirmative. and. after a ruling by the
stock.
Judge Wright, in objecting to the
question about shares of stock, claimed
that the indictment Is faulty in that it
accuses Mr.. Henry. Of the larceny after
trust of shares of stock. The lawyer
contended that shares of stock could
not be the subject of larceny, as the
term represents the intangible interest
OF stockholders in a corporation, while
it is the certificate" Of stock which
is the physical evidence of ownership
and which alone could be stolen or
misappropriated.
Justice Siddons admitted the tech
nical distinction, yet ruled that the use
Of the word shares" in the Indictment
could not possibly have misled the ac-
cused.
Judge Wright, taking up the cross
examination. learned that the witness
had never before dealt with stock
broker and that she had little knowI-
edge of the terms used.
Her Idea of Margin.
Witness stated that margin" she
understood. as the purchase of stock on
the installment plan. She wanted to
make some money by stock speculation,
she said. although her husband had
advised against 1t and told her he
could lose enough money for the fam
lily by racing his horses"
Witness admitted asking Henry to
protect her stock and that she after
ward told him to do the best he could
to make some money for her. This did
not mean that he was to sell, she said,
without notifying her. She admitted.
however. that at the time stock purports
in the account to have been sold she was
In Carlsbad and could not be reached by
the broker.
Mrs. Barklie was excused at the close
of the cross-examination from the wit
ness stand.
Getting of Information Explained,
Counsel for the original seven mid
shipmen recommended for dismissal
indicated by 'Questions put to the wit
ness that the system permitting of the
giving out of helpful hints by an In
structor in one section, not given in
another section pursuing the same
course of study, works an unfairness.
The Kind of dope that Price received
hi in
stfuctor, but he understood it was dis
seminated in Prof Cusachs section
Mldshlpman Robert ]. Walker of the
present hrst class testified along similar
INES: he said the dissemination of
helpful information was general among
members OF the first and second class
prior TO the examination. It was not
regarded as having come from improper
sources
Admiral F'ullam. superintendent of the
academy. was recalled and furnished the
court with a list Of thirty-five midship-
men who had to his knowledge pos
sessed advance Information relative to
examinations.
Broker Henry's Letters.
Mrs Isabel Barklie of Wayne, Pa,
the chief witness for the prosecution
was called to the stand by Assistant
United States Attorney Archer after
barklie identified letters received from
the defendant and checks sent by her
TO him to pay for purchase of stocks,
including 500 shares of Mexican Pc
troleum. She testified that she had
consulted Mr.. Henry concerning stock
Investment while he was a visitor at
ner Pennsylvania home over one night
that tho broker had not urged her to
buy.
Il asked him II he knew" said the
witness, ''of any good stocks. He hesi-
tated and then stated that he knew of
several good things. l told him that I
had some money that 1 thought of in
vesting in stocks. He then told me
about the Mexican Petroleum, but did
not urge me to buy"
Mrs. Barklie explained that she first
sent Mr.. Henry q check for $4,000
drawn to the order Of Lewis johnson
Co. to purchase for her 500 shares Of