W. J. Rand sworn -
Am President Bank of the West Charleston, W. Va. May 11, 1868,
mailed letter to S. S. Bruce, Cincinnati, containing check
No. 1,177 for $311.40, not registered; June 24, 1868, letter
to McAlpin, Polk &Hibbard, Cincinnati, containing check for
$309; July 2, mailed a check for $12 to S. Manning & Co, of
this city; July 12, mailed a check for 52.75 to Willis & Thorpe,
of Cincinnati; October 10, mailed a check drawn on the Bank of
America, New York, in favor of Willis & Thorpe, for
$117.40, to them at this place.
(Mr. Rand mentioned several other checks mailed
through the same office, which had been lost.)
These checks were all but one drawn on the First
National Bank of this city, and mailed at Kanawha Court House.
Cross-examined - The list from which these statements
are made was made out by the Cashier, and compared by me with the
entries on the books of the bank. Some of those entries were
made by him and some by me. I can not point out any
particular statement the entry for which was made by myself.
Can not say I mailed or saw mailed any of these letters.
Miss Garnett Richardson, sworn - Live in
Gallipolis; am acquainted with defendants. In November last,
Ed. S. Newton and I were out walking, and he stated that he
had received his month's salary, and had a $100 bill changed to
make his pocketbook stick out; I never saw him with more than a
dollar at a time; he was then staying in the postoffice; he has
made a great many presents that I know of; he gave me one set of
garnets, ear rings and breastpin, last fall, and a set of gold
bracelets and several small things, charms, &c; I also know of his
making presents of jewelry to Miss Miller and Miss Crowley;
he has also given me music; he told me if his father asked me
anything about it, to tell him he hadn't given me anything; this
all occurred in the fall. Last spring he gave me a small set
of coral jewelry, earrings and breastpin; do not know where he
purchased them; I think in Ironton. The conversation about
the $100 bill was in November; he had told me that his salary was
$500 a year; among the smaller presents to me were a small
jet cross, in the spring , and in the fall a small Masonic pin;
never received any presents from Matt. Newton since
he has been in the office.
Cross-examined - My father's name is James
Richardson. He keeps the Dufour House in Gallipolis, and
I believe he is Deputy U. S. Marshal. Can not tell when I
first spoke of the conversation about the $100 when the
conversation took place. I spoke to her about it afterward.
Do not remember speaking to any one else about it, except to
Mr. Shallcross, about three weeks afterward. He came to
see me after, they had made the arrest. Did not know who
made the arrest. Father did not; he was in Cincinnati at the
time. Do not know how Mr. Shallcross found out that I
knew anything about it. He asked me what Edward said
to me about the $100 bill. Only remember seeing Mr.
Shallcross at our house but once before that. Don't know
whether father was at home then or not. I had not spoken to
father about the conversation before Mr. Shallcross asked
me about it. If I repeated it to my father, it was in the
presence of Mr. Shallcross. I repeated it to Mr.
Shallcross in our parlor. Am not sure that father
was present. Mr. Shallcross came to our house in the
afternoon and father was here; didn't get home that evening.
I think I did not repeat the conversation until the next day.
I didn't see father until after he had been talking
with Mr. Shallcross. Father told me that he thought I
would have to come to Cincinnati. Do not know whether or
that ________________versation to them.
Do not remember any conversation about it with either
Mr. Shallcross or father since. Miss Miller
and I frequently stopped at the postoffice to see Edward,
both together and myself alone. We were very good friends.
Do not recollect any of the conversation, except that about the
$100 bill and that he spoke of the rink. Do not know how
long we were together. The reason that I remember that
remark, was that I did not know why he should tell me about it.
He had told me very often that he received $500 a year. I
was attending school. Don't remember whether I had been at
school that afternoon or not.
I went to school five days in the week. Was there
in the afternoon from half after one to twenty minutes after four.
This was not Saturday afternoon. It was at Pomeroy Saturday.
I think it was the 12th of November - am not sure. Went up
in the morning and came back in the evening.
He told me that the garnets cost $23,
I did not tell Mrs. Stone to tell any one who
inquired about the presents that Mr. Edward Hunt gave
them to me.
Miss Annie Miller, sworn - Live in Gallipolis.
Am acquainted with Edward Newton. He told me last
November that he had received his three months' salary, and that
he had had a $100 bill changed, because he was going to spend it
in presents. Garnett Richardson was present. I
received from him a writing desk, a set of jet jewelry, and two or
three other small presents. He made me all the presents
except the writing desk, before the 15th. That was after
that. The desk was a morocco one. He never told me
what either of the things cost. I never saw him with money.
That is the only conversation that took place about money, except
he told me once he had $500 in bank. There is but one bank
in Gallipolis. He gave me a good charm, and a small Masonic
pin I know of his giving presents to Lizzie Crowly.
He said he got the bill changed because it would make his pocket
book stick out.
Cross examined - I did not mention what he said
about the pocket book when I first repeated the conversation,
because I had forgotten it. We were taking a walk. Do
not remember any other conversation that took place at that time.
Do not remember where we met, how far we walked, nor the time of
day, but I think it was in the afternoon. Can not tell what
time in the afternoon. Could not say whether we were
together ten minutes nor an hour. Edward Newton had
often told me that he was getting $500 a year.
I don't think anything was said leading to his remark
about the bill, and do not remember any other part of the
conversation. Do not remember his saying anything about the
rink. I think it was the first of the week. I know it
wasn't on Saturday because on Saturday, and it wasn't that day;
don't remember the day of the month. I never spoke to
anybody except my mother about the conversation. After the
former trial I had a conversation with Edward Newton about
the time of the conversation about the $100 bill. I told him
that I got my new dress on the 12th, and I thought it was three or
four days afterward. I remembered that when we were with him
we wee talking about the new dress. I told him I couldn't be
positive about the day of the week the conversation took place.
Mrs. Caroline Miller, sworn - Some time before
Thanksgiving I had a conversation with Edward Newton at my
house. We were talking about an anonymous letter that he
been received and that led to talking about letters, and he said
he could tell when a letter had money in it; he raised up his hand
and said he could look through the letter. I knew of his
making presents to Miss Richardson and my daughter, and I
believe Mrs. Crowly's children got some.
J. D. Woodyard, sworn - Am in the jewelry
business in Gallipolis. Commenced business there the first
of last September. In October, I think it was, I sold
Edward Newton two sets of jewelry, worth about $30, and some
charms and other trinkets, worth I suppose, five or six dollars.
In November, I think, about the 15th, I sold Dr. Newton a
gold watch for his wife, worth $50.00. In October, I sold
him a chain worth $40. Ed. Newton also bought a pair
of bracelets for $8 or $10, in October. Don't remember any
purchases in November, except the watch by the Doctor. In
October, I think it was, I changed a $50 bill for Ed Newton,
during the absence of his father. My store is next the
office. That is the only large bill that I recollect
changing for him. Don't recollect that Valentine bought
anything except a small breastpin, in September or October, and,
perhaps, a bunch of tooth-picks, occasionally.
Cross-examined - Should not think those purchases
unusual for persons in their circumstances.
Re-examined - Ed. brought me a ring one day that
he said he found in the street. He wanted me to change it
for him. It was a peculiar ring - a hair ring set in gold.
I took it and told him if I could sell it I would give him credit
for it. I think the ring is in the showcase yet. I
think Ed. bought two rings that I charged him $7 for, kept
them a few days and then exchanged them for a plain heavy one.
Cross-examined - I supposed the $50 bill was changed
for business in the office. I saw a notice posted in the
postoffice, stating that he had found such a ring, and requesting
the owner to come and get it. My understanding was that the
watch and chain were purchased with money left by Dr. Newton's
wife's mother. Some of the sisters bought chains about
the same time.
Mr. Henry A. Faber, of Nelson's College,
was called, as an expert, to prove the identity of the handwriting
upon the envelop in which the check from Mr. Waters was
received by Mr. Faber, in New York, with the receipts in
Mr. Rosler's receipt book, signed by Edward S. Newton.
He believed them to be the same.
Richard Nelson, President of Nelson's College,
was called to the same point. There was a striking
similarity between the writing in the receipt book and that upon
the envelop, although the latter had the appearance of a disguised
hand. He hardly felt like saying that they were written by
the same person, but he thought it would be next to impossible for
two writers to produce writing with such a striking similarity.
Wm. Shofer, sworn - Live in Gallipolis; am a
jeweler. Valentine Newton, during the last summer and
fall, bought of me a watch at $12, a pair of pistols at $8, a gold
pen at $4. The watch, I think, was bought in September or
October. The pen and pistols were bought in November.
He paid for the articles when he took them. Edward Newton
bought of me two sets of jewelry at $150 each. ($1.50?)
L. J. Langley, sworn - Am City Marshall of
Gallipolis; I made the arrests on the 3d of December last.
While Mr. Shallcross was examining Edward's room,
Mr. Shallcross asked him where he got his money. He
replied that he had access to the money in the office, and that
when he came into the office his father told him he should have
what money he wanted. None of the parties have made any
statement to me.
Cross-examined - Mr. Shallcross seemed to make a
very thorough examination of the office and of Edward's
room, which was just back of the office; I think he took one
paper from Edward's room; am not positive whether it was an
envelop or a piece of paper. In searching, Valentine he
found on him a memorandum book and a pocketbook containing some $.
He made as thorough a search of the premises as he could in the
time allowed him, about an hour and a half; I believe the Doctor
stated that he was allowed by the Department to employ a clerk at
$500.
Peter Lewis, sworn - Live in Mason county, W.
Va. Was at Dr. Newton's, in Gallipolis Postoffice,
last March, to mail a small box, containing a gold ring. The
box was wrapped up and sealed, with the direction on the wrapper.
It was addressed to "James Beale, Virginia box." I
told the person at the office that the box contained a ring, and I
wished him to give it to the ferryman at Gallipolis, separate from
the other mail.
Cross-examined - The ferryman's name was Woods.
His first name was James, I think. He gets the mail
from the Gallipolis office in the morning, and takes it
across the river, and leaves it at his house, where people come
and get it. He is not a postmaster. My impression is
that I put a stamp on the box.
James M. H. Beale, sworn - live in Mason county
W. Va. Have never received the box from Mr. Lewis.
I went to Dr. Newton as soon as I heard the box was lost.
He offered a reward for it; attack a notice up on the inside of
the postoffice. His supposition was that it might have been
lost in carrying it to the ferry. The boy said he gave out
all the articles with the mail. The name of the man who came
after the man that evening was Haymaker, As I understood.
Cross-examined - The Virginia box is in the Gallipolis
Postoffice, and all our letters and papers are directed
"Gallipolis, O., Virginia Box." We pay the ferryman for
bringing it across the river every day. I think the box was
mailed March 15, 1868.
Robert D. Haymaker, sworn- Last March I was in
the employ of the ferryman at Gallipolis. Generally I got
the mail. Sometimes Mr. Woods would get it, sometimes
Mr. Beale, and sometimes Mr. Steamburgin. I
got the mail on the morning referred to. There was not
box with it, and nothing was said about a box. I got it from
Edward Newton.
Cross-examined - The reason I recollect that I got the
mail that morning is that three or four days afterward Mr.
Beale asked me about it. and I then knew that I got the mail
that morning. The mail was generally carried to Mr.
Wood's house and Mr. Beal got it from there or sent for it.
He sometimes sent a black boy for it, and I think a black boy got
it that morning.
Frank Neal, sworn - Live in Gallipolis.
Edward Newton showed me $100 once last fall. I
think there was a $50 note, a $20 and three $10s. I believe
he told me to tell his father that $50 of it was mine. He
didn't tell me how he got this money. This is the only time
I ever saw him have money. I believe he said somebody had
told his father he was carrying a large amount of money in his
pocket. Can't recollect the month nor day of the week.
Cross-examined - I think the Dr. was at Marietta at
that time, at a stock fair. I was an engineer on the river
at that time and did not see the Dr. very often. I was
standing at the delivery window and Edward was inside.
He only showed me money once that I remember, and made the remark
to me then about telling his father that half of it was mine.
Henry L. Miller, sworn - Live in Gallipolis; am
engaged in mercantile business there. On the 26th day of
last November I mailed a letter to my sister in Cincinnati,
containing a $20 bill. Mailed the letter myself.
Did not register it. The office was closed when I deposited
the letter. Have never seen the letter since.
Cross-examined - My sister's name was Romie H.
Miller. The letter was directed care of J. C. Towers,
114 West Fourth street.
Wm. L. Peircey, sworn - Have charge of the
Registry Department in the Cincinnati Postoffice. I received
registered package NO. 29 from Mr. Brown. After
cutting the package, on the right hand side, when I proceeded to
take out the package, I found that the left end had been
broken open about half way across, I took the contents out
and stepped over to Mr. Baker, holding them in my hand, and
asked him to see whether the contents were correct or not, as it
had been broken open. He opened the envelop and found that
the bill and papers were there without the inclosure. When
we found that the deposit was not there we both went in to Mr.
Carey, the Deputy, and Mr. Baker told him of the
missing deposit. When I first examined it I could not detect
that anything was wrong. But when I proceeded to make out
the inclosures I found that the end had been opened. This
was about half past eight. Mr. Baker indorsed the return
letter receipt "without inclosure" When we found that
the deposit was not there we both went in to Mr. Carey, the
Deputy, and Mr. Baker told him of the missing deposit.
When I first examined it I could not detect that anything was
wrong, but when I proceeded to take out the inclosures I found
that the end had been opened. This was about half past
eight. Mr. Baker endorsed the return letter receipt
"without inclosure." We then drew up an affidavit stating
the facts. Registered letter No. 4, from Gallipolis to
Cincinnati D. P. O., for Ashkum, Illinois, was never received, as
far as our records show.
Cross-examined - Mr. Baker was the chief money
order clerk. It was my duty to return the return letter
registered bill and the return registered receipt. After
obtaining Mr. Baker's signature to the receipt, or that of
the party addressed. I sent this return registered letter
bill to the Postmaster at Kanawha Court House, having put the
stamp correct on it. I also stamped the receipt for the
registered package "correct," and returned it to the Postmaster at
Gallipolis. That is the only voucher which he would receive
for a package passing in transit through his office. That
simply refers to the package. It always go to the safe
myself. The register is generally kept my desk when I left
at night. In the day time it is in the door of the safe.
The large safe is kept only for my packages or matter coming to my
department. The duplicate key to the safe down stairs was
kept locked up in a drawer in the large safe up stairs, the key
remaining in the drawer. I suppose the duplicate was never
used more than half a dozen times altogether. The safe up
stairs is used by only by himself. When I took out the buff
envelop form the package it was in good order. Letters of
inquiry in relation to postoffice matters come addressed to the
Postmaster, and are generally opened by Mr. Carey. If
they relate to lost registered letters, he hands them to me and I
examine and report whether the letters have ever been received at
the office. I keep no record of letters of inquiry. No
record is kept in the office of letters of inquiry for registered
packages.
Mr. Baker is not now in the Cincinnati Postoffice.
Court adjourned until half-past 9o'clock this morning. |