Show FURNISS VS ROYLE court found defendant not guilty of embezzlement the case of mr wm roy ie accused by mrs mary A burnies of retaining in his possession three bocks belonging to her deceased husband Jus band dr furniss occupied the whole morning session of the police court the books in question were on the subject of astrology and were not valuable except to persons interested te in that occult science the prosecution it was admitted that dr driver and mr john A kidman would testify that vr furn ies was not in the habit of loaning his books mrs furniss was subjected to a severe cross examination her testimony was in substance that she had packed two of the books in a box after the death of Mr Furniss late in 1894 and requested mr wm royle to ship the box to cache valley and that later she found they were missing and demanded them from mr royle who denied having them and told her to search his bookcase it she thought he had them she says she searched the bookcase recently and found the books mrs L A mayer testified that eho identified one of the books and had seen it packed up ready for shipment her husband was called and his evidence was about the same as that given by mrs flayer except that be did not witness the packing of the dooks in question mrs wm boyle identified the books as having been in the house since the spring of H prior to the death of dr furniss mrs N mayer a stepdaughter step daughter of aba present mrs furniss testified that her father and mr wm koyle had been friends for several years prior to his death that he was in the habit of loaning and giving his books to mr hoylo and others mr N mayers testimony was merely corroborative of his cifes mr win eollo said be had hecei ed the books from dr furniss in march M one was a present and the other loaned to him indefinitely he denied mrs furniss demand for them he said mrs burnies had given him a box of to ship contents unknown and he had taken it directly to the depot attorney weber appeared for prosecution and attorney Bt torney whipple for defense after bearing testimony and remarks of counsel justice said that the behavior ot defendant had cot been creditable in the matter but would find him pot guilty |