Show FIRST DI DISTRICT COURT mall II 11 presiding MONDAY MAY 29 20 p in examination of C captain sharp continued A mail mai car air is is an all authorized depository of mail matter CROSS D theoffice fico I hold is knon known as post office inspector the money produced in evidence lias has been in ili my safe in sun francisco francico since the above occurrence march I saw messenger put one of my letters in the box tile other I do delivered to the postmaster at brigham ham city knew know the defendant at rollo lie was route agent here the letter was addressed addressed to A T steward did not intend these letters letteri should reach their address they were written for the purpose r p e of detecting the defendant i in n felony e lon y defendant was standing ili in the postal car door as tile train passed brigham rg lIam I came down on oil that train examined 15 packages es for tho the missing letters watched the defendant from his arrival until his is arrest did not spend the marked coin for breakfast went with def defendant from front bear adsley house to the car from there to the ogden post office related the facts to liis his f father ather searched him found the money that wo we had marked in the inside pocket of his coat twisted in some brown paper defendant said that was his money only got two of the f four our letters mailed I put the bills in the letters myself mr mcgaughy wrote those letters def defendant enfant was searched in ill the registry room in ogden city post MR VAI vandercook DERCOOK was examined collinston collingston Col linston is in ill box elder county utah the railroad from from that point here is entirely within in this judicial district this constituted the case of tho the prosecution THE DEFENSE then asked to suspend the case to the jury for want of support the evidence cv failing to support the allegations edu a oatlie indictment argued by captain smith on oil the failure of evidence of venue not granted by the court associate smith then anted the he t def defense ense to the jury which vas was not guilty MII MR was called I am a conductor on the V U N II 11 R I conducted the train at the time in question saw the tile prosecuting witness board tile tram and talking taming together as the train I left ft Br brignani Brig ighani hanL cross elamin ed I am absolutely absolu tel sure mr mc me gaughy yaa not n cep amther ns amin left brigham J T PAINE I am a route agent on the U N it it I assisted mr mcgaughy hegab hegau to search the eastern mailbags mall mail bags for fir four letters on the of march 1882 I was shown four envelopes containing facsimile superscript eions of the letters we were to search for MR C J coney COREY I am assistant postmaster at brigham B city cit was shown a letter which I app appeared eareT to contain some sonic hard substance it wag was addressed to A T stew art co I understood it w as mailed by one mr sharp GENERAL KEMBALL Defend defendant an t is ir my son mr sharp my son and mr mcgaughy I entered my room on oil the day in que question stion when I was informed that defendant was suspected of tapping letters he ile entered my registry room defendant turned out all his pockets and placed the money in in question on ol t tho le corner of alie table john said lie found the money rolled up u p as it was in a box in the car and all d lie wrap in that brown paper himself asked the prosecuting witness to search thoroughly but they could find no silver silve r purporting to bo be missing it was w as distressing to me and my family that my sons guildor guilt or innocence r should be law fully determined should be tried and I debited no anne unnecessary cessare ces sary notoriety defendant has as been in ili the tile service since since 1878 commenced at puget sound mail regulations require that loose parcels found must bo be delivered to the division superintendent in cross examined the tile terminus of the route is is butte I gave my son two and one half dollars to use during the tile trip the tile examination was suggested sted before my request for f or john to turn over I am positive john kimball turned out the th c money moncy monc in in question and laid it on oil the table saying all lie the mone money y I have in ansberto answer to my question and to the question of I mr sharp john said lie found tho the in money oncy loose in in a box under the car letter drop mr sharp shari bar handed aided me the money which I examined while mr sharp described it from li his is memoranda they corresponded redirect defendant was transferred to this route about january my son was in charge of regist registered cred mail matter while in the service JOHN A KIMBALL I have been in the service since 1878 I reached collinston collingston Col linston on the mooning of tile went to sleep at logan awoke by b the train whistling at brigham af I found und the money loose in the tile box at this place saw mr sharp board the train at bri brigham liam I ho sat in the tile botel I breake breakfasted asted at ogden both of them camo came up and informed me of the charge after visiting the tile cars we came up town to the tile post pos t office the money was in in my out sido side coat pocket I laid it on the tile corner of lie the t table able crosa CROSS it was daylight at Br brigham igbani city I was in the car alone aloric the box contained nothing else tho the money was rolled up no wrapper was isas is as on oil it I wrapped it up ill and put it ailt in my pocket conductor sprunt informed me that thata a detect detective i ve was on oil board I did lid not suppose they were after me inc I did not think of tile money found when tile detec tives told me that mailed letters containing money were missing I told aillem t them that if they mailed letters at collinston collingston Col linston they tile could find them in pouches no or I did not render assistance in searching the pouches for the letters it was w not my busin business cai I did lid not deliver the money to them then because they were not entitled to it I did say there were no letters mailed at collinston collingston Col linston hero here what occurred in the postoffice post office was substantially substantial ly repeated d as testified by the last witness I put the brown paper around the money at brigham mr sharp picked up the money from the corner of the table the money when found was in a roll oil about the size of tile finger the defense r rested ea ted adjourned until this evening P PM al 71 zulu SNOW eba made the ope opening 11 argument for the prosecution he read the indictment cut the counts in which have already been published he ile said the jury can find tile defendant guilty of one or both chai charges g as in the complaint one of which is for embezzling two tn o letters while lie was engaged in tl the e postal stal service as route agent on tl the ie utah utah northern railroad he ile then read the penalty for the violation va of this part of the tile postal laws while in the service the speaker then stated that ta flat a number of letters containing money which had been mailed on oil the postal car had been stolen that suspicion rested on the defendant lie was watched decoy letters were mailed containing marked money which was subsequently found in ins his possession counsel then reviewed the evidence which had been given for the prose prosecution cuti oil and said the witnesses had each made a reasonable straightforward statement which had bad not been successfully contradicted ho ile considered the evidence quite sufficient to convict and that the defendant had been proved guilty CAPT R SMITH f followed mr snow forthe for the defense he considered the statements and a nd conduct of mcgaughy was discreditable that lie as a detective wanted a victim this was is motive for the defendant until lie found an all opportunity to arrest him counsel said the conduct of ho the defendant all through the proceedings showed anything but that of a guilty person lie argued ed that the evidence for the prosecution was contradictory and not entitled to any tiny credit by the jury counsel believed that no such letters had been mailed as tu claimed by the prosecution or they would have kept copies of them this the they said had not done besides he be said one of the prosecuting witnesses according to liis his statement did not know liow how many letters ho he f found at the time mank of oft the e arrest whether there were two or a dozen he considered that there was no evidence whatever of the defendants guilt and hoped the jury would find a verdict for acquittal JUDGE HIGBEE followed mr smith he addressed the jury for some time his remarks and arguments were of tl the ie same saine tenor as those of the previous speaker ker he made a very earnest earliest appeal to the jury on behalf of his client who lie said lie was satisfied was innocent of the crime with which lie was ivas charged the states state ments of the prosecuting witness clashed clas lied which the counsel said raised a doubt as to their veracity and the defendant was entitled to the benefit of it and he lie therefore asked for his acquit al COL E T SPRAGUE closed for the prosecution his remarks were brief he spoke in the n highest of commendation of f the services of the father of the defendant fen dant gen kimball under whom nineteen years ago counsel served in the army in betl defense ense afflis of his country for him he be had the greatest possible respect perso personally I 11 ly and regretted to see I him IM present under such circumstances as now engaged their attention atten tio n counsel however had a duty to perform from which ho lie could not shrink or lie would be a traitor to liis his gov ern mentin the tile present prosecution cution he ile did not deem it expedient to say s y much after the able ab e and effective manner in in which his colleague mr snow had argued the case for the government he considered the matter had been made sufficiently I plain to the jury and urged arn them t to do their duty fearlessly in this case to weigh well the evidence they had heard and bring in such a verdict in accordance therewith at p in tho the court charged the th e jury who then returned to th their cir room for consultation at 1130 11 30 p in they returned to the courtroom and rendered A VERDICT OF GUILTY of the second count in the indictment that of stealing stealing five dollars f aiom A orn a letter which ind had been deposited in the U V S mail car for transmission to its destination sentence is deferred Saturday till morning at 10 |