Evening star., 1934-04-21

and suggested that the jury be with
drawn and a mistrial declared.
Justice Gordon leaned forward and
inquired: Surely you're not serious
in wanting a mistrial, Mr.. McNeill?"
Mcneil said he was serious and
the justice asked him whether he
wanted to make a motion for a mis-
trial. MCNEIL replied he could not
do SO without first getting his clients
consent. He asked the justice to tell
Wilson his conduct vas not proper.
Justice Gordon said he could not do
that, adding: How would you like it
if Mr.. Wilson asked me to tell you
your conduct was not proper?"
Wilson had attempted to get Bishop
Cannon to say he paid the mortgages
in 1928 by showing him papers with
which the clergyman was not familiar
as references. Bishop Cannon pre-
viously had said he did not remember
the date of payment. The witness
finally admitted he thought he did pay
the money in 1925, since he presumed
the documents shown him by Wilson
were correct.
Wilson then demanded in a menac-
ing voice: will you please tell the
court then why you wrote L. B. Willis
Of Orange, Va, on September %, 1927,
and told him you had paid the
MORTGAGE"
Questions Ruled Out.
The prosecutors first attempt to
prove that Bishop Cannon dealt with
New York bucket shop" during
1928 failed yesterday when Justice
Gordon ruled out this line Of exani-
nation.
Wilson asked the witness if he
knew man named H Goldhurst.
Yes" Bishop Cannon replied. He
was connected with Kable g. Co., a
New York firm dealing in stocks and
bonds"
Isn't it a fact they operated Q
bucket shop?" Wilson asked.
The churchman denied this and
his attorney objected to the ques.
tions.
The judge called the attorneys to
the bench for a whispered conference
and MCNEIL protested that the at
tempt to open up the alleged stock
and headline evidence"
Kept In Record.
But despite these characterizations,
the prosecutor statement of what he
intended TO prove was incorporated in
the official record, although kept from
the jury.
Wilson said he was prepared to
show through two letters written by
Bishop Cannon to Goldhurst, who re-
Gently completed a fve-year prison
sentence for using the mails to de-
fraud. that the churchman borrowed
$4,000 from the Bank of CreWe, Va,
ostenstbly for political purposes and
sent part of 1t to the New York stock
broker.
Bishop Cannon testified that in the
Summer Of 1928 he had nearly S10,-
900 under his control, coupling this
with an emphatic denial that Miss
Burroughs looked after his financial
affairs.
In an effort to refute this testimony,
Wilson read two excerpts from letters
written by the churchman to Gold
hurst. Justice Gordon would not
permit him to read the letters in fun.
While Wilson was examining Bishop
Cannon concerning an alleged check
kiting" transaction between himself
and Miss Burroughs when they were
preparing their final report of cam
paign expenditures, the following COL
loQuy occurred:
Wilson: Directing your attention,
! bishop, to three Withdrawals on Feb
ruary II, 1929. Of s17,300. ss21.5o and
$384.26, can you tell to whom you
gave those checks?"
Bishop Cannon: MY recollection Is
that I gave them to Miss Burroughs,
treasurer Of the Headquarters Com
mittee Of Anti-Smith Democrats"
What was the balance in your ac-
count at the time you gave those
checks?"
well. at the time gave the checks
1t was problematical because I re-
ceived at the same time a check for
S18193, which was deposited the same
day"
From whom did you receive that
check?"
miss Burroughs"
did you receive that check from
her at the same time you gave her
your checks?"
Written at Same Time.
II do not know that they were writ
ten at the same minute. but they
were written at the same time, within
an hour or so. Miss Burroughs prob
ably prepared both deposit tickets and
put them in"
What was your balance directly
before that ticket was put IMP"
at was S549.81."
"And you drew three checks aggre-
eating over $4,000 against that ac-
count on that date, did you not?"
II did"