Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-05-23
WALWORTH co. DISTRICT COURT.


Doty, O'neiI, and Bird, has finally taken
place in our District Court, and the result
vas the discharge of the defendants. The
history Of this important trial during the
investigation, before the court and jury, |
thought you might be anxious to learn, and
therefore take this opportunity to give you
short statement of the evidence, together
with the other incidents that occurred du-
ring the trial.
The cause was opened by II. n. WELLS,
and 1t was acknowledged by all, both friends
and foes, to surpass any thing of the kind
ever made in this county before. Mr.
Wells stated in brief, the nature Of the. ac-
ton, and tie evidence which the prosecu-
ton depended upon, to sustain the cause
then at law, in he most persPicuous, logi-
cal, and forcibe manner. He cautioned
the Jury 70 beware of any bias which might
exit in their minds, or the influence which
ogt-joor opinions might have over them
he remarked that the cause had been Of
long sranding-that the venue had been
changed at lie instance Of the defendants,
frcrn where it WAS originally commenced
-that tic suit had become notorious, and
that tho people were taking sides on the
questions involved in the aclion--that the
highest public functionary in our Terrific
ry, was held as one Of the defendants; and
that a slrong and desperate effort bad been
going on for some length Of time on the
part Of the defence, and through the instru-
mentality Of their friends, 70 give the CUES
ton to be decided before this tribunal po-
litical bearing, and have 1t finally terminate
on political principles, instead Of holding
themselves ready ard willing to receive
fair, candid, and impartial trial before a
Judge and jury Of their country, Mr..
Wells then went on and remarked to the
jury, that men in high public places had in
many instances become corrupt, and then
alluded in the most happy, yet forcble,
----~~~~ g tho dnlalcations Of Swartwout
and Nick H1dle, and the conduct Of Joe
Smith ard Miller. He said that the minds
OF tie people had become familiar with the
Utmost daily intelligence Of deiaIcatons,
public population, aud the absconding Of
public Non with tie peoples money, that
''.-' '''''' - 49, ''D'''' e''C9' - '''0oH
So, that it was hardly any more lookcdupon
as a crime. That this was no fancy sketch
b.ta replitv. which every man was r,n,iI-
iar with o,I tho, .o,,o,,dod I,;s oooo;,u
bysayipc that al he ae,le5 was to have y rair
and inoart;aI trial. and if on tho mart Of
the prosecution thew couId not provo tho
administrative If rorrsn gtbo1, v,oro 70 NO
acquitted: but il thcv did show NV leci,i-
mate testimony. tbat the defendants were
guilty, the Jury must make I'D their YER
dict accordingly.
The charges in the declaration, were
both for mis-feasance and non-feasance in
Office. The first testimony introduced were
the dispositions, which were taken in Wa
shin8ton, showing that Doty had drawn
forty thousand dollars out OF the treasury
Of the United States, which was appropri-
ated by Congress to this Territory 10 build
capitol.
Mr.. Prcntiss was then called as a wit
ress, who said that he went to Madison in
the year SO in the month Of June, and
made an estimate on the capitol as to what
it would cost, considering the price of labor
and the cost of materials, at the time the
tie capitol was nut IN nv tho defendants
lie made the cost between eighteen and
nineteen thousand dollars. A gentleman was