Evening star., 1939-02-24

CIV WI w ANulNO,
Sentenced to t1Oo years and
tho months.
He was sorry he could not get any
more, but that was all the little
fellow had The deputy marshal
then said that the money was paid
to him in $40 and IS bills; that he
took the S100 in that form to the
Second National Bank and paid on
his note. The note teller of the
Second National Bank confirms such
payment on or about December 20.
1898, which was after the jury had
been discharged in the first case.
$40 Gift Testified To.
Deputy Marshal Upperman also
testified that during the delibera-
tons of the jury of the first trial
the respondent O'Connell met him
one night and wanted to know how
Upperman was making out over at
the hotel; that Upperman said. All
right and O'Connell gave him $40,
told him to have a good time and
see the elevator boy and that would
be all that was necessary.
There is no corroboration with
regard to these payments said to
have been made by counsel except
that sum of 500 was paid by the
deputy marshal on the note at the
Second National Bank at or about
the time Upperman stated Mr..
Whelan paid it to him.
I'm explaining his culpability in
regard to charges of contempt
brought against him, Emmitt War
ring stated that one afternoon after
the first trial of his conspiracy case
and before Christmas of 1898, Depu-
ty Marshal Upperman saw him in
the Columbian Building, explained
to him that he needed some money;
that some time previously his boss
had needed some money; that Up
perman had borrowed some money
from bank on note; Upperman
exhibited to him a note or some
paper and said he would have to
have Sl00; thereupon, Emmitt War
ring reached down into a bankroll
which he had in his pocket, got a
SlOO bill and gave it to Upperman.
The witness, Emmitt Warning, stated
he did not give Mr.. Whelan any
money whatever for Mr. Upperman,
and never talked with Mr.. Whelan
or Mr.. O'Connell about this money
until after the contempt charges
were made in this case.
No 500 Bill Paid Bank.
"The note teller at the Second Ma
tional Bank testified he was certain
that no 500 bill was paid on the
note. This might be said to have a
tendency to contradict the testimony
of Emmitt Warning unless, of course,
the court might assume Mr.. Upper
man changed the bill before he went
to the bank. However, in behalf of
Mr.. Whelan, there were produced
two deputy United States marshals,
MeSsrs. Allen and East, who testified
that few days before Christmas,
1888, Mr.. Upperman exhibited to
them a 500 bill, wit ha statement
that his son had made him a Christ
mas present Of it. With regard to
this episode, Deputy Marshal Upper
man testified that this occasion was
at or about the second of December,
when he had 500 bill which his
wife had turned over to him for de-
posit IN the Lincoln National Bank.
them 500 bill, with a statement
there 0ddnrod IN
posit slip showing at the Lincoln
National Bank on December 2, 1898.
s1O0 in currency was deposited to
Mrs. Upperman's deposit. The testi-
mony of Deputy United States
Marshals Allen and East was def
mite and unequivocal that the 500
bill was exhibited to them a few
days before Christmas, 1888, and by
no possibility was it as far back as
the second of December, 1898.
Mr.. Whelan denied ever having
paid Deputy Marshal Upperman
500 or any other sum except posi-
bly, a small loan and certain IS
gifts at Christmas time. He did
state that shortly after the con-
clusion Of the first trial Mr.. Up
perman came to his Office. The best
OF his recollection was it was three
or four days after December S,
1888, the day on which the first
jury was discharged. Mr.. Whelan
stated that on this occasion Upper
man indicated that eight months
or ? year previously he had had to
call on his wife for assistance to
help one of his superiors, Chief
Deputy Marshal OFT, to make good
certain shortages; that Mr.. OFT had
not repaid any Of the money and
that Upperman was being pressed
Tor the money; his wife was very
much upset about the situation
Mr. Whelan testified he told Mr..
Upperman he could not afford to let
Mr.. Upperman have that money
and then added, If I was a man
OF some means, in view of what
you told me, probably would lend
you the money, but I am awfully
sorry. Then Mr.. Uppedman left
his off1ce. Mr.. Whelan testified that
when he told Mr.. Upperman that II