Evening star., 1939-02-24

FORMER DEPUTY MARSHAL
JOHN B. UPPERMAN,
Sentenced to one year.
he did have the money he would
| probably lend it to him he did not
mean that.
Upperman in Charge of Juries.
1T also developed in the testimony
OF Mr.. Whelan that it was known by
him and by all lawyers who try cases
in the court that Mr.. Upperman
always was in charge of juries in
csaes where they could not agree
and were locked up overnight; that
within the last two or three years
he had no recollection of any other
deputy United States marshal being
in charge. 1t. therefore, is fair to
assume Mr.. Whelan expected Mr..
Upperman would be in charge of the
second Warning jury
In answer to a question as to
whether Emmitt Warning told Mr..
Whelan he knew Upperman, Mr..
Whelan stated Charles Warning one
day pointed out Mr.. Upperman to
hlm and referred to him as the man
who had taken him to Atlanta: that
Emmitt was present at the time and
made some little remark about their
having juicy steak on the train.
MI. Whelan also testified that
about a week after New Year, 1899,
Mr.. Upperman came to Mr. Whelan's
Office and stated to him that he,
| Upperman, was going to Atlanta and
wanted to know if Mr.. Whelan could
call one of the Warning boys, either
Emmitt or Charles, to find out If
they wanted to deliver a message to
some friends down there. Mr..
Whelan testified he told Mr.. Upper
man he did not know how to get
the Warnings on the telephone, but
this was not true. Mr.. Wheian testi-
fed he told Mr.. Upperman, You
can get yourself in jam. That is
something improper and I wouldn't
do it, and that Upperman said Mr..
Whelan misunderstood him, that
Upperman thought one of the War
rings might want to see how some
body was getting along and say hello
to him. Mr.. Whelan stated that this
indicated to his mind some intimacy
between the Warnings and Upper
man, but he did not feel it his duty
to report to the United States
marshal. because he felt it would be
making a mountain out of a mole
hill
Character Witnesses Presented.
"A number of distinguished char
acter witnesses were adduced by
Mr.. Whelan, including former presi-
dents OF the District of Columbia
Bar Association, president assistant
United States attorneys, and other
prominent lawyers and citizens. The
same type of testimony was given in
behalf Of Mr.. O'Connell.
Mr.. O'Connell likewise denied
having paid the sum of $40 or any
other sum to Mr. Upperman dur
ing the deliberations of the first
jury. 1nasmuch as Deputy Mar
shall Upperman had fixed the time
OF the giving of the $40 bill to him
at night, Mr.. O'Connell sought to
prove, by a number of witnesses.
what might be termed an alibi,
that Is to say that he was not in
the court house on any night after
the case was submitted to the Jury.
Among other nights in reference
to which this character of testi-
mony was given was Friday night.
December 2, 1888, which was the
night Of the day on which the case
was submitted to jury by the court.
Mr.. O'Connell testified positively
that he was not at the court house
and stated in some detail where
he had been on that evening. He
adduced witnesses to support him
IN this regard. At the conclusion
OF this testimony, the District at
torney adduced two special agents
OF the Bureau of Internal Revenue,
Mr.. Swain and Mr.. Dawson, who
recalled a conversation they had
with Mr.. O'Connell and Emmitt
Warning on the night of Friday,
December 2, IN the court house; that
the conversation was such they had
felt 1t to be their duty to report
1t to their superior, Mr.. Cox. Mr.,
Cox was called to the stand by the
court and corroborated the report
OF this conversation the morning
after Friday, December 2, and that
he, IN turn, had reported the mat
ter to District Attorney Pine.
O'Connell Reiterates Statement.
The court then recalled Mr..
O'Connell to the stand, who re-
iterated that he was positive he was
not IN court on the evening of Fri
day, December 2, 1898, as had been
3.COURSE MAINE"
LOBSTER IDMG1(S0
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