Show PROSECUTION RESTS I Motion to Dismiss the Case Against McBride Argued EXINSPECTOR NICHOLS I TSTS THAT I1H K SHORTAGE i AMOUNTED TO 33072 Cunnington Gives Testimony For the Government Says McBride Admitted Ad-mitted t Him That He Was Short I i Accounts 82000 or 83000 Cabell t Be Sentenced Today I In the trial of Frank McBride for embezzlement em-bezzlement the entire session of the United States district court yesterday was consumed in the examination of witnesses for the government The testimony of the leading witness Inspector Nichols who made the examination ex-amination of the Salt Lake postoffice was considerably weakened on cross examination by Attorney Arthur Brown At the close of the session the defense de-fense moved to dismiss the case on account ac-count of insufficiency of evidence and Judge Marshall will rule on the motion this morniijg William S Walker present assistant postmaster was the first witness examined ex-amined He explained the methods employed em-ployed in conducting business of the postoffice H V Meloy was recalled and testified I testi-fied as to receipts and disbursements of I the office from Dec 31 1896 to Jan 14 1897 JaI INSPECTOR NICHOLS j Captain Nichols formerly postoffice inspector took the stand for the proseS I cution He testified that he had made j I an examination of the accounts of the Salt Lake postoffice on Jan 13 and 14 I 1S97 He counted and checked the stock i and made a statement of the stock and money on hand After tne7 investigation he had a conversation tnclnvestigaton versation with Frank M McBride who I walked home with him and inquired as to the result of the examination Wit i informed McBride In the ness 1cBrde presence I of Mr Barrett that there was a shprt i age amounting to about 4000 McBride Mc-Bride stated that he knew he was short I Witness asked defendant what became of the money but he replied that he didnt know I I told him there is no use saying he didnt know what became of the money What did you say about him making I mak-ing the amount good asked counsel 41 suggested that he notify his folks by wire and he said he would I What was said about the shortage of Cunnington Cunningon McBride stated that Cunnington was I short shortDid you tell him about the shortage short-age of Cunnington I told McBride that Cunnington denied de-nied he was short Witness testified that Cunnington ache I knowledged ac-he was short 363 The crossexamination was conducted by Mr Brown and the witness did not respond to questions with clearness and appeared to be uncertain as to the incidents connected with the examination examina-tion of the accounts which together with some contradictions considerably weakened his testimony He took a memoranda of different kinds of stamps in the count but could not tell the itemized amounts since he had destroed the memoranda The total to-tal stamps amounted to 883436 I Witness testified that he had a conversation con-versation with McBride between 12 midnight and 3 oclock in the morning while working at the Inspection McBride Mc-Bride came Into the postoffice and asked the amount of the shortage Witness Wit-ness replied that It was between 3000 and 54000 He swore out the complaint by direction of the district attorney and arrested McBride The witness said i while he was in his custody he had a I conversation with him in the presence II of Mr Barrett and the subject of the shortage was brought up Witness asked defendant how it came about McBride said he knew of the shortage short-age Is it not true asked Mr Brown that he said I dont know anything about it abut ANo the witness replied I Did you not use the language There I is no use to say you dont know anything any-thing about it Yes after we left the postoffice On the way to the commisisoners office I said There is no use to tell me you dont know what became of the money and he replied Of course I know Witness fixed the amount of shortage at nearly 4000 which Included the I shortage of Cunnington also I When asked as to an interview with Judge McBride father of the defendant defend-ant as to whether or not he had I showed him the evidence he had against Frank witness had no positive knowledge I may have told some facts or I may have detailed some evidence dence I cant say whether I did or didnt said witness He was not cer tain whether he showed Judge McBride the inspection Did he Judge McBride ask you if Frank made an admission to you of taking money I am not certain Did he call your attention to an article ar-ticle in the Salt Lake Herald I wont be certain Did he ask if you were responsible for i I dont recollect After inspection did not Mr Barrett fay that Frank did not make an admission ad-mission I have no recollection Did you tell the amount Frank was shcrt I have no distinct recollection I may have done so and I may not When did you determine that the defendant de-fendant was short 3072 After his arrest When you arrested him had you completed the report I had determined therewas a short I age MBRIDE KEPT THE ACCOUNTS Henry Reventisch an employee in the postal department testified that McBride kept the accounts and Cun nington was stamp clerk Both Barrett and McBride had keys to the vault which was opened only by them McBride Mc-Bride usually kept the accounts of the stamp clerk except when absent on account ac-count of sickness in his family Both Cunnington and he turned over the money they received to McBride Wit ness had a conversation with McBride on Jan 15 He said to him Frank you are pretty badly short He replied re-plied I know I am short but not 2 i 000 or 3000 Clerk Williams of the mailing department depart-ment testified that in the fall of 1886 he saw the defendant open and enter the vault at 2 oclock in the morning CUNNINGTON TESTIFIES J W Cunnington clerk until his arrest ar-rest Jan 16 1897 testified that he received re-ceived stamps from Barrett or McBride usually the latter Made daily settlement settle-ment with McBride Every night he placed stamps in the box and carried them to the top of the stairs and McBride Mc-Bride put them in the vault McBride and I kept sheets which were balanced at the end of each month In November Novem-ber 1896 he inquired for the balance sheets I had for the past six months I delivered them to him and dont know what became of them Had a conveiai ton about them afterwards and went to the office and asked him where they were and he said he had destro edt ed-t em In conversation on Jan 3 he asked McBride If he had reported his short age defendant said Let it go It might not be discovered On Jan 1 witness again asked if he had reported the shortage McBride replied that he had nQt but would Defendant asked i there was a shortage short-age in witness department and wit ness told him there was a shortage of 36337 Cunnington then proceeded to identify iden-tify the records kept by McBride and was excused temporarily to continue the work John L Nebeker an accountant Wn ployed in the regular department t Stifled s-tifled that the remittances were nearly all delivered to McBride He assisted in counting the stock when Captain i Nichols made the inspection I MOTION TO DISMISS The prosecution here rested and Mr Brown made a motion to dismiss the case on account of insufficiency evidence evi-dence to support the indictment The time till adjournment was occupied in arguing the point and Judge Marshall wB decide on the motion this morn |