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' f A &•-; HtOCKEDINGS OF THE WEEK IN BARNES-LUMLEY TRIAL Continued from page six to the Master, as the notes on this 920,000.00 encumbrance will be due on , Jlarch 1st '24 with two years interest, (baking a total of *22,000, and the , Hrhole thing is tied up by an injunc- :Jfon which Lumley secured. I am certain that with a hearing ot _ fhe chancery case, Lumley will nevei .r ask to try this indictment, and as . Stated above, there is uo possibility «f his being able to show that the Oonfldence game or any other criminal statute was violated by the Hoys «i this deal. ? I am sending copy of this letter to tlennett, and also one to Fremont Boy and may I have your hearty co Operation? Thanking you in advance, tor 1 «arly reply, I remain Very sincerely yours, \ Adjourned For Noon Fremont Hoy was eicused from the ftand just before the closing of court lor the ' dinner hour, Thursday. Following the retirement of Fre- JBont Hoy from the witness stand Vhureday forenoon, Mr. Maynard callad Miss Alice Weld, the court stenographer, to swear to the transcript of the evidence of Truman A. Abbott, In the case of People vs. Fremont and Clarence Hoy, which he desired - '-VA Introduce in evidence. . tAfter the direct examination/ Mr. Joslyn started a cross-ex&minatton Of the court reporter. - "Did you examine any more Chan tke first page of this transscrlpt when it was shown to you ?" "No, sir." "Have you looked at each page lo Mer if any change has been made in itt" "No, sir." "You don't know how many pages have been changed then?" "No, sir." "How long since you have seen the exhibit since you ma-Je the trans cript?" "Week or ten days " "To whom did you give" it at that timer' Miss Weld could not remember to ft Surety Just who she did deliver the tlinscrlpt to. Joslyn objected to the admission Of the transcript on the grounds that the proof was insufficient. The objection was sustained. Mary O'Conhor, private secretary to State's Attorney Pousq, was called to prove that the transcript had been in the office of Mr. Pouse sincc it was delivered by Miss Weld, and that no k changes in same had tiken place. Miss O'Connor seemed 10 enjoy her cross-examination, conducted by Mr. Joplyn. In order to expedite matters, Judge Reynolds suggested that as it was about the noon hour, that Mi3S Weld compare the transcript with her stenographic notes and by the time for opening the afternoon session she would be in a position to swear it vu a true transcript. Thursday Aftornooa Court reconvened at 1:30 p. m., the transcript matter was settled and State's Attorney Pouse >egan reading of the evidence to the jury. He and Attorney Maynard alternated in the reading until a recess was called about 3:30, after which, before again proceeding with the reading of Abbott's testimony, Attorney William L Pierce was Called to testify. 0 Mr. Pierce was attorney tor the Hoys at their trial in circuit court when they were convicted of operating a confidence game. The Belvidere Lawyer was questioned as to conversations he had with C. P. Barnes and a letter he received from Mr. Barnes. He swore that Barnes asked for a conference with the Hoys for th» purpose of negotiating for the securing of some papers to be used in the Wilson-Abbott case, saying he was representing Wilson. "He wanted to know II we had any objections to his talkiug with Ho?/ and Clarence, said he would like to talk to them and get that paper. Called it an assignment or trust deed, I think. It was against my idea but I did agree to it. He then said the Hoys were not guilty and guaranteed they would not be convicted. That, he had examined the indictments kpew all about the cas^s and if we desired he would sit in and assist the defense. I said that was very kind ot him and appreciated his offer. Told him that in my investigation I agreed wtih him. He said that Vint had drawn some indictments that were no good, but that he had fixed them up. Guessed he had some indictments that were good." Mr. Pierce was cross-examined by Attorney Joslyn, regarding conversations had with Judge Barnes and the letter received by him from Judge Barnes. After Pierce was excused the reading of the Abbott testimony was re sumed and was not finished at the time of closing the day's session at 5 o'clock. 8kartMV Called Again The reading of Abbott's testimony was concluded at about 11:30 Friday forenoon, after which Judge E. D. Shurtleff was recalled to the stand «.o identify a state exhibit, being Instruction No. 21 given to the jury in the Hoy case by Judge Shurtleff, who presided at that trial. The question was asked where he first saw and in what manner 'he came by the instruction. Objection, but overruled. "This Instruction came with the instructions for the people to me on the trial of the Hoy case from the state's attorney or his assistant." Defense moves to strike out the answer, but the court ruled to let it stand. On cross-examination Judge Shurtleff was asked in what case this instruction was given. Case of People vs. Fremont and Clarence Hoy on the Indictment charging confidence game in reference to the Marks-Abbott $20,000 deal," was the answer. 'Are you surer* "I am," answered the jurist. On re-direct examination Attorney Maynard asked: "Who was acting as state's attorney at that time?" "V. S. Lumley." » ^ "The same V. 8 Lmtey Wfco to defendant in this case?" "Yes," was the answer. Maynard then asked Tcr Introduce the instruction in evtdence. 9 Judge Barnes objected on the grouud that it is incompetent, etc., but Judge Reynolds overruled the objection, and same was read to the jury. Holly b Recalled <&re yon Blind tothe .Appearance o| IOOK at your home with your y "neighbors'eyes" 1 Is familiarity hiding from you the rundown condition so clearer appaffc cot to others? Yet aH it needs, probably, is m coat or two of Devoe Lead and Zinc HoCtse Paint which cost lest, wears longer and looks better than ordinary paint* { mimmt At Dtvoe Horn* Impnnb) (m ihwli jtorn cn pmimt ym* |\ mmdm*--mnd fm It , JOHN F. BRDA, McHENjBY, IJJU McHenry Ice Cream QUALITY AMD PURITY come first ^ lb the manufacture of our cream. SERVICE follows.* These are the reasons for its popularity. When yon say Ice Cream, don't forget to also pay "McHENRY" A&ft «a* ' K JtfcHenry Ice Creaii Company r McHeniy,' Illinois I C. Holly, former cashier of the McHenry bank, and who was indicted along with the Hoys, was recalled to the stand. Mr. Holly occupied the witness chair for several hours East Friday. Mr. Holly was asked to identify a letter he received from Barnes which the state desired to introduce He was cross-examined by Judge Barnes. Didn't Mr. Knox say to you, 'How did you fix it upr and didn't you say, 'Well, I fixed it up with Shurtleff on condition that I could help to get something on Lumley and Barnes., " 'I did not." And did you also say to Knox that you had nothing on them, meaning Lumley and Barnes, or words to that effect?" "I don't remember of saying that. "Didn't you also say at that time that you were fighting with your back to the wall and was not going to be particular what you said." "I did not." "Didn't Mr. Knox ask, 'How are you going to get by Pouse?' and didn'l you say that Shurtleff was going tc look after Pouse?" "No, sir." "Do you expect to be prosecuted or. the charges in your Indictment^" An objection was registered by the state. Judge Reynolds ruled that he believed the question was incompetent, but that he was going to let the witness answer. "I don't know," was Holly's reply. Then the letter written by Barnes to Holly on Dec. IS. 1323, was admitted and read to the jury. Clarence P. Hoy occupied (He Jtitness stand a good portion of the afternoon Friday in the trial of People vs. Charles P. Barnes and Vincent S. Lumley in McHenry county circuit court. Mr. Hoy was cross-examined by Judge Barnes at some length, and Samuel Wilson, 81 years of age. followed Mr. Hoy on the stand. Just before court adjourned at noon on Friday, the following letter from Charles P. Barnes to Joseph C. Holly was lntroduoed In evidence and read to the pury: Barnes Letter To Joe Holly Dec. 13, 1923. Mr. Joeeph C. Holly, McHenry, I1L My dear friend Joe:- I am enclosing you herewith a statement as given me by Vlnnlr* Bacon last Sunday, and don't spill any beans by going to her or talking with anyone else about it, but do a little quiet thinking. As I told you the other day. a jury would take this woman'.? word against mine, and will also take her word against yours, and I nave not included. in this statement certain things, she says you asked of her at Pouse'3 office when this final settlement was made for the total sum of $1150.00. Now Joe, I have as yet been unable tc collect anytning on the Lang note and I am enclosing you herewith a note to my order due one year after date for the sum pf $250.00 with in terest at 6% and I am going to ask you to sign this note and have your mother and your wife sign it with you and. return ft to me. If you will look at the receipt I gave you for the $100.00, yon will see that it is specified in the receipt the same as you and I talked, that in case I get the three indictments cleaned up without any trial that my fees in no event shall exceed $500.00 and as you know I have been doing an everlasting lot of work wholly nnd entirely to protect you In this matter and I know that your good judgment will tell you that I am not asking anything unreasonable, and of course, you know that as a matter of choice I would greatly have preferred to have had nothing whatever to do with any of these cases. The jury stuck out last night till about two o'clock and then brought in a verdict finding Fremont and Clarence both guilty and I do not expect any more of these -cases will be tried before the January Term, but there will be lots doing on thu3e mat ters before that time, and probably there will be work for the new Grand Jury at the January Term. With my very best regards, I remaid Very sincerely yourb, CPB.N. CHARLES V. BARNES. P. S. Joe I must hsve a full and complete statement of the MiUer matters as soon as we oau get to it Holly Quissed About Knox "Mr. Holly, you were asked about a man by the name of John Knox Have you seen Knox in the last two or three daysr* asked Attorney May nard. "He was here in the court room." "Did yon appear before the grand jury that indicted Barnes and Lum ley?" Objection, but tl» oourt ruled could answer. "Yes." "Was this same John Knox a member of the grand jury that indicted Barnes and Lumley?" Objection overruled. "Tie was." "And when'you grand jury, did he aak^you questions?* Objection. "He may answ^v afc ^fcia Hm**? paid Judge Reynolds. ~ * "He did." "At the time you Were a witness before the grand jury and Knox was a member, did he ask you any of the questions that Mr. Banes has referred to?" "He did not" Did Mr. Knox ask you at that time If you hadnt said to him at the garage in McHenry, or did ho mention in any manner about you having your back to the wall?" Objection overruled. ^ "He did not" C' ^ 41 The defense asked to' Ihihfa tuis testimony stricken out, but the court ruled to let it stand at the present time. Chas. F. Hayes was again placed on the stand and identified numerous court records. He was also questioned about whether he had administered the oath to T. A. Abbott at the time he was called to testify in the Hoy case. Rarnes' Testimony Introduced The testimony of Charles P. Barnes, given in the Hoy trial, was then introduced and read to the jury. Mr. Barnes was called by Mr. Lumley, who was state's attorney at the time. His entire testimony in the transcript occupied but a few pages. Most of it referred to the conference he had with the Hoys at thr tame he desired to get some evidence to be used in the Abbott-Wilson case. Other witnesses have testified that this conference lasted about an hour and a half. The state contends that Barnes did not relate all that took place at that time. Clrenee F. Hoy Called Clarence F. Hoy was called to the chair by the state. He gave his age as 43, stated he had been in the banking business fifteen years and that his present place of rcjidence in the Joliet penitentiary. Mr. Hoy was questioned by Mr. Maynard about the rreeting between his father, Judge Barnes and himself in the county court room one evening. He told of the conversation which took place at that time, which was practically the same as test fied to by Fremont Hoy, his father, earlier in the week The witness was cross-examined by Defendant Barnes, a portion of the testimony being as follows: "What time of day or evening was the conversation between your father and me?" "I can't recall exact About S o'clock." Was Sheriff Bdlnger in charge ot the jail that night?" "Yes." Who brought you over to the county court room?" "Lester Edinger." Do you recall who was in the county court room when the sheriff brought you in?" "I don't recall there was anyone. I believe we were waiting in the hall for you." Barnes Cross Examines Clarence "When did you first see your father at this time?" "Father came over to the jail or waited in the lower part of the court house." "Do you recall now, Mrr. Hoy, as to how long prior to the evening, you had notice of the meeting?' A day or two or three." "Did you do any talking at all that night as you recall it?" "My father land myself alternated. "You have a distinct recollection now that both talked to me?" "Yes. "Tell the jury if you can the substance of anything you can recall what you said ta me." "I can't re call now." "Can you tell the jury the substance of anything you said to me?" "No, I can not" "Do you recall my showing you any photographs?" "I do not "Do you recall my telling the charges that has been made in this chancery suit?" "Yes." "Tell the Jury wlMt," *"My recollection is that you told my father that Mr. Abbott flatly denied his sig natures. That you consulted a hand writing expert and that he had told you that the signatures were genuine." "Did I tell you the name was Dr Walker?" "I don't remember." "Do you recall my asking your father if it was the genuine signature of Abbott on the backs of the notes said to Wilson?" "I do not" When did you first get the information that you might be called to Woodstock as a witness?" "Week ago last Wednesday morning.' Whom did you get the information from?" "From a man with whom I worked at the penitentiary." Did you confer with anyone before coining to Woodstock?" "No." "Did you know what you were coming to Woodstock for?" "I had an idea." "How did you get the idea?" "The newspapersV gave the date of the trial." Who is the first one you conferred with in Woodstock with reference to this case?" "Mr. Maynard.' When was the first conference with Mr. Maynard?" "Last week? "How soon after you got here did you confer with Maynard with reference to what might btf askedf "Thursday afternoon." "Where?" "In the court house, in the judge's chambers." "Who was present ?" "Maynard, Mv. Pouse, Mr. McCauley and myself. Pouse's private secretary was in and out" "How long was this conferenceV "Two hours I should say." "That was your first talk with anybody as to what might be asked f "Yes." "Was anything read at the time purporting to be the testimony of T. A. Abbottr* "I think there was." "Ig that theTflnly conference with regard to what you might testify tor' "No." "When was the other V "The following day.' "Who Was present?" "The seine people." , "When igkfk the Jast conference r* "That was Wb last" ^ LDfilUd y/wouu have any tal--k with May testified bemYtatf nard or anyone today before going on the stand?" "No." "So you had but tie two confereneeer' "Yes, sir." Samuel Wilson Tailed ( Samuel Wilson, the old man who bought the Abbott papers from Fremont Hoy and against whom the chancery suit was filed by Truman A. Abbott to recover, but which was later witl^i^vn bj Abbott's attorney, Lumley, was the next witness. After giving his name and residence, being near Richmond, 111., he stated his age aB 81 years last October, the aged man was asked if in 1923 he was in possession of a trust deed on the farm of J. H. Marks and some interest coupon notes,, together with two principal notes in the sum of $12,000 and $8000, to which he re plied that he was. "Where did you get them?" "Bought them from Fremont Hoy. "In the year 1923 did you learn there had been a bill filed in this county in which you were the defendant ??•'•• "Yes." "How did you first learn of it?' "I cant tell you where I first learned about it I heard about the bank breaking down and I went to see T. A. Abbott" 'In 1923 were you served with a process from this courtr' "Yes." "About that time did you see Mr Lumley at Rlngwood, IU.r' "Fes, sir, the same time I went to see Mr Abbott" "Was that before your talk with Mr. Barnes r* "Yes. "What did Lumley say about it?" 'I asked him what he was going to do about It. He said he was going to prosecute the Hoys. Said he was married into the family but said he was going to prosecute. Also that he didn't want any interference. Said he did not want any lawyers to interfere." "At that time had you been served with a summons from this courtr' "No." "Were you served with a summons soon after thatr* "Yes." "Was it before you went to Ringwood to see Abbott V "No, I think it was after." "About that time did some one come to you with regard to defending you In the caser' Objection sustained. "Do you know of a matt Mtted Me- Connell in this county?" "Yes, he is my neighbor." "What did he ear to you and what did you say to him in regard to Mr. Barnes?" Objection overruled. "He said Mr. Barnes hfd telephoned over to him that it was going to be a real lawsuit and wanted him to come up and see me. I told him I did not know what I would do. Next morning before breakfast he came up again and said he had received another message." After Mr. Wilson's answering a few more questions regarding conversaions with McConnell, defense moved to strike out the testimony as to these conversations but Judge Reynolds said to let it stand. . Wilson 8eat lo Barnes What did you dor' "I consulted a lawyer at Genoa. I stated my case to him. He said he couldn't plead here in Illinois, but he had a friend here who could plead for him. Sent me to Mr. Barnes. Then I instructed Mr. Burdick to come over and see Mr. Barnes and get Mr. Barnes' opinion." "After that did you go down to Woodstock and Bee Mr. Barnes your self?" "Yes, Burdick and I and I heard him consult with Mr. Barnes about the case." "Did you bring any papers with you?" "Yes, the notes and trust deed." "Did you have among your papers some other papers with figures on it?" "Yes, the figures on which I had bought the notes." "Whose were they?" "Clarence Hoy's." * 1 ' " . "What did you do with them?' "Turned them over to Barnes." "Was you called to testify before the grand jury?" "Yes." "Testify against Fremont and Clarence Hoyr' "Yes." "How did you learn you were wanted before the grand jury?" "I was subpoenaed by the sheriff. w "What did Barnes say to you that day when you was in the office about taking the case, what he had to do with the bar in Woodstoek?" "I heard him talking to Burdick about it" "What did he say?" "Well, he said he was the whole thing. That they were In the habit of coming to him for advice here in Woodstock." Charged Wilson $4000 Mr. Wilson then recited about the settlement of the Abbott-Wilson suit and a proposition made to withdraw the suit if Lumley^ expenses were paid, but said no stipulation was mentioned, and that he did not know how much was paid, if anything. Said he got a bill from Barnes and his papers back. Wilson claimed Barnes put in a bill for $4,000. That he paid him in judgment notes. Asked if he paid the notes, Wilson said he had to, that Barnes threatened to attach his property but ho suit was ever started. Before cross-examination was begun, Judge Barnes announced that Defendant Lumley desired to ask tbe witness some questions regarding his conversation with him at Ringwood. Lumley Asks Qnestlens Mr. Lumley Questioning of Wilson is the first active part he has taken In the trial since the beginning of the taking of testimony. Wilson is quite deaf and Lumley had considerable difficulty in making him understand. The old man'B memory is failing him and it took some time to conclude the questioning. Just before finishing Lumley succeeded in gaining the admission that Wilson, outside of the Hoy trial and once at Ringwood, had never seen him before or since. Judge Barnes then took up the cross-examination with the question: "Who is your attorney now in the chancery case brought by Abbott against you?" Objection sustained, but the witness answered "I haven't any." "Isn't State's Attorney Pouse rep* resenting ycu at the present time this chancery caser* "No, sir." Continued on page eigfet / • /?: Cold Dopm Tin giving you the cold dope," ^ the nurse, pouring out the congb medicine.-- Cornell Widow. 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