Show postoffice POST OFFICE ROBBED thieves secure of uncle sams money albert spencer arrested on oi I 1 suspicion of having committed tile tho crime but Is i released Rel caned after a hearing the postoffice post office here was broken into last saturday night and sti lan being money and 30 belonging to the abst postmaster lem mckinnon thief or thieves obtained entrance by pulling gout out three of the brass rods of the delivery wicket then inserting an arm with a or some similar instrument pried open the money drawer which is located immediately under the delivery tat talle le the money mostly large coin was tied up in a buckskin sack which was t aken three 20 greenbacks green backs which were in the drawer with the other money were found on the floor cf the posto post mcc when the postmaster opt opened teed it iton on sunday morning Itis it Is supposed that as the sack was lifted out they were drawn out with it and fell on the floor mrs T P brough was the first one to learn that an thing was wrong which she did about abour 10 on sunday morning when she went to the post office to post a letter she sent a messenger s to the postmaster notifying him of the fact sheriff marshall apprehended albert spencer about 8 on sunday evening on suspicion of having committed the crime r was believed to be without money until about 10 or 11 on saturday night when lie he appeared to have plenty TOE THE HEARING took place before justice of the peace J R south at 2 p m on monday attorney leroy leeoy K N french appearing for the prosecution and attorney 0 J spencer for the defendant the first witness placed on the stand by the prosecution was mrs P brough who testified to seeing about 10 a m w on sunday that the Ce lad been broken into and that she sent aloy a loy to notify tile the postmaster rol ert mckinnon said that he was the postmaster he was told by a I 1 oy on sunday morning that the bad bee been n broken into and upon going there he saw that the bars had been forcibly removed from the delivery wicket to enable the thief to reach the cash drawer and upon examining the drawer saw that it had apparently been pried open with a i inch chisel with a nicked e ige in gold coln coin had been stolen lemuel mckinnon abst post postmaster maste r corroborated the testimony of the preceding witness william rex ST jr testified that he be was in the postoffice post pot office on saturday night and saw lemuel mckannon ILIc Kinnon deposit the money inthe drawer and lock it atler after which lie lett left the post postoffice office accompanied compa nied by lemuel mckinnon henry II offman stated that at out io 10 on saturday eveni evenitz tg he left the aeeti meeting ng house and went to ards tile the por boffice iCe he saw a flash of licht as it if a match was struck near the post postoffice office entrance when he arrived at tl t e pst lie saw two men there one a short thickset man the other a 1 little taller and slimmer they ti aed to avo d liim and he did not see them sufficiently well to again recognize them mrs E IL south was the next witness called for the pros cution she testified that mat on saturday night bhe was as at home and heard beard two persons 9 i 1 by the tha house in the direction of the corral she did not know what time as she had been sleep sl cep some time after that bhe could not say how long the defendant came into her house and rema remarked to ier er 1 I thought aou anu had gone to the alter after taking a drink of 0 water he be left she te stilled that defendant was in the habit of g i ug nga ai out the premises as he pleased at an any time E it south S uth in his testimony test emony stated that he was with the sheriff when the latter apprehended the defendant ile he owned a I 2 inch chisel with a nicked edge adee and usel used it on the friday preceding tile the robbery after it lie he placed it in his tool chest in the granary but on looking for it last sunday he saw it was gone did not know who took it and had not seen it since the defendant was in the habit of going abut about the premises at any time as he be pleased L D pearce testified that on friday afternoon last he be saw the defendant in front of spencer bros store and asked him to pay on his poll tax the defendant said lie had no motley money lut would lorrow it from the store they both entered the store defendant borrowed and paid witness A mckinnon jr stated that on thursday last the defendant asked him when lie he was going to advertise the delinquent tax list witness told him h i m not for a few days defendant said to witness that he only had biad so 5 and would pack ita it a while longer onfre on friday defendant gave to witness a 5 bill to pay his taxes witness being unable to change it at tl ti at time kept the lill bill until saturday when lie changed it and returned the balance which amounted to about 1 to defendant on saturday evening at out witness was taking up a collection at the concert held in the meeting 0 house and upon asking defendant what he would give he replied 1 I have only a dollar it if there is any charge for the dance I 1 must keep a quarter because the dollar is all the money I 1 have but if there is no charge forthe for the dance I 1 will give the dollar I 1 defendant gave witness 75 cents and kept a quarter later about 1030 while the dance was in progress defendant f came in anil and handed witness a 10 gold piece to pay for his dance ticket sheriff marshall testified that he arrested the accused about 8 on oil sunday evening and upon searching his pockets found a purse containing a 20 gold piece and about 7 in change about 11 a in on monday he be searched the defendants racoon and found the defendants trunk unlocked and at the bottom of the trun trunk kwas was a twenty dollar gold piece prosecution rested and attorney spencer r moved tor for the discharge of the pris ner as there was not sufficient evidence to hold bold him the motion was overruled the defense ballel geo spencer who testified eliat he gave liia his wife 25 dollars to give to the defend defendant at it and his wile wife said she had done dolle so mrs geo gen spencer testified that she gave albert spencer 25 dollars about three weeks ago witness also testified under cross examination that she saw the defendant last sunday and that he be said he be was dead broke and was going to mercur ike smith stated that about seven days ago defendant came to his store with a ebeck for 42 dollars which was cashed by witness under cro cross ss exam witness stated that atiat L lc c gave continued on fourth page FOST OFFICE continued from first page defendant 14 dollars and that his wife said that she gave defendant tic balance which included three checks becks for small amounts about five days ago lie was in evanston when ida his wife paid the balance witness did not remember tl the c amounts of the checks neither the names of the drawers reuben pendry was the next witness to take lake the ilic stand he tp stifled that on the day mrs smith gave def defendant the balance due on the check he m was as in the storsand store and helped to count out ut the money and checks und r cross examination witness swore the check was for 47 dollars and 25 cents jimmy nelson testified that lie and defendant were riding to gettier on the roundup round up about 4 or 5 weeks ago v hen defendant tou told witness that he ha had d money enough owing to liim hirn to pay all his debt sand more too it if he could get it the evidence of this witness was contradictory and lie be d at one stage of the cross croes examination that lie he must have lied E ed d corless testified that on saturday last the defendant opened liis bis purse and slowed defendant a 10 dol 1 ar gold piece a greenback arid and some change witness could not swear positively to the time that lie he was shown tile purse neither as to its color or shape rested the prosecution in rebuttal called E it south who refuted that part of nelsons belsons Nel sons evidence in regard to the conversation Leti between een nelson and defendant fend fen dant ant A mckinnon jr was called in rei and that on sunday morning mornin glast last lie had bad a conversation with the defendant who stated to liim him that lie had to pay dallara next month and that he did not know where lie he ii as going to get it attorney 0 J spencer summed up the case for the defence and attorney linoy leroy li noy K N french for the state justice J R south stated that lie did not think there was sufficient evidence to hold the prisoner and that he would discharge him w without ith out prejudice |