The national Republican., 1866-12-15
yatiuual &spablifx,nt. III
LOCAL NmV0W.

LOCAL tdMV0U.
The CosovER 0nr.LYsstsrdsy morning
brd oonover. alias Chariss "A. tDrnhan, indicted
Pr perjury before ~ yuAiolAsy os.nisses Of the
Iouse Of RsprssSstatlyss, was resumed IN the
rimin.i Court, t<fSts J.ags ri:hsr On shs Dc.
hurrer to III. indiss.asAt aisd By Mr.. Il. Q. Good
District Attorney Darlington, for the Govern
nent, commenced his argument In reply 10 that Of
ir Gooding, delivered On Saturday isSs. Mr.. O.,
lfsr giving brief history Of the case and the
ubstance Of the i,dietnsat, ssid the d:po.itions
udgs Holt, but bsfoys NJ. Jsnss A. Caustss
otsry public for this District The sgeussd, ~
lie counsel, fled sesfsl dsmarssr 70 tAs indisS.
asnt.. Hs admitted the fast shaseel. Ast dSasei
h.. thsr: vas any Law IN the land 70 pssish tsis
Mr.. o rssd from the ass sf nafsh .. 1888, ltA
tstutss st large. p 11a esd sontsndsd that tAsrs
,ss ample isgislstloa " prelsss sosisty and rsesh
he offence a. charged In this indistDsn1. Ths
sw stamped the erins Of falss SWEARING bsfOrs any
sijary. 4. next ned issa IL statutes Il isras,
bs4, set Of l7se, Esd ssstsndsd that The Pred.
lent Of the Senate, epssksf sf the Houss Of Rep
kessntativss, or chairman Of . oomnitess. were
Empowered 70 sdninistsf an oath. Hs next rsed
rom Bsa;; D.:s 20 2 ;nS. sss -;
o administer a selhs ed ny ysnea gsiity Of
lalse swearing before - eosmittsss should BE-
puni.hsd for psrssy W M so.assl On tAe other
:;S oa:,s. d:.s ,:.s sS s';: = s.:,. = % = y a. n
The construction of natutss. he Object o. The
statute was to make fslAs swearing tie ehms Of
perjury, whether II was committed ksfors Jss
tios Of the Peace, . court ofjustioeor somnittss
s.s. ~ ~. - sxStL--. ~. '.,..t ......,.t..
Of public morals. and would never eonstrus tbs
statute % that fAlsa sWsadng before eongsssional
committee would aSs b. pUjury. There would b
no fat pronounosd fkpn the tsneh that any man
could 60 before . 6ommittss The National Lsgis.
tature, swear ma'isispsy ssnd fsissly end 20 IN.
Al to the second objection rsiSsd BY The defence,
Mr.. O. said the rssplltlon of the HOUSE spoke fol
Itself. The oommittss wa not authorized, NOR did
they undertake, 10 Try Js6ersea Davis aad bis %
Of the United stsaes,snd saad The Hosss ala not
attempt to invest thslf ,eoanittss With he power
OF . court. Ths stifiE sf the rssoiuiion was foi
the committee to squirs what Liquidation va assss.
ss-y to vindiosts the national honor and bring Of
ss.dsrs to Justice. Y was the province Of The Ju
was tbs duty Of the National Lsgislstns To make
all laws NECESSARY for the protection Of the public
and they have alright 70 make inquiry ss 70 whsl
laws are necessary fot the good Of the public. The
judiciary had NJ anthefity 70 limit the Nahona
Legislature In the exercise Of their power In Do
tsrmining what laws the public interest required
A committee Of the NatiSpsi Lssislsturs hss u,
right to invsstigate the conduct Of public cf1osI
and Of private individuals, and resort TO all mean
necessary for the lsslslaen Of all things 70 protsc
the people whose representatives they sss. Coa
grsss is the Grand Inquest Of the nation sud thsr,
& nothing in the cohstltutsn to limit the power o
Congress In this respect. s5f--S s
A to the third otjsstiesr raissd By the sounss
for the socused, Mr. G. said II was aot necessary !,
expressly allsss the msttsr.. Ths rsl. q pleading
Implication " Hs rssd from Archibald, p. 10, aal
said all that wss required In indiotnsnts vas
certainty to . osstsln intsnt In general The an
davits were not subjsct. matter o. the indictment
aaadsvits before NJ. Caustsn. He here rssd frou
Bightly's Digest, and eoetsndsd that Il va ssA
oient to give the substance Of the sfAdavits. Th
allegation Is that be swore falsely before the com
mittss In reference 70 these sfddsvits On the mex
objection, ss to whether II Wa material or mot =
sst forth In the indictment suoh portions Of th
afhdsvits as wore true or untrue. Mr.. O. argue'
that the indictment did Alisge to. Whistler II Va
material or not was Z mixed question Of law an
fact, which did mot arise on demurrer. He mex
read from Grssnleaf, sections ls4, ls5, and ls7
The questions were not too general, and witnss
could not shield himself from perjury on account Q
questions being improperly put ..
The indictment alleges that the accused gave hi
belief In regard to matters which he knew Of hi
own personal knowledge were untrue. Tho witnes
1who recklessly tssihss to fact founded on belief
where lie liberty character 10 involved, commit
ths crime of perjury before God and man. In cor
slusion Mr.. Darlington said, unfortunately all th
departments Of the aovsrnmsnt have been assails
BY is enemies. Our lato beloved Chief AasiI
trats, who guided the nation through the storm o
civil war, was the object Of special malice; but
am doing violence to truth whom I say that man
Of those who were his bittsrest foes admit tbs
the nations best friend sleeps In the patriots An
msrtyr's grave Surely few II any brighter nam.
.oountry's history. Our present Chief Msgistra!
and the national Legislature have also been the ol
scts Of attacks, and trust that they will be sb
70 heal their dissentions and completely vindies
~ nations honor and prove themselves equal
the great work Gsd In his providence has oalls
them to perform. Il this an attempt 70 stain u
parity Of the srmine and bring disorsdit upen Il
national Justice II % hope II will prove equal
unsuccessful. Il make NO attack upon the prison'
" the bar; express no opinion Of bis guilt or 1
In me to do so st this Sass Of the casa He stsn'
bel ore your honor an hRQosnt pkD, butR the fac
sLy Cd In the indctmsiC are true, question to
ha -ssftsr decided BY jury Of his eolntrynsn, u
,ot, ON Of the Government Is completely vndiosts
md the conduct Of the prisoner Is stamped with Il
M. !Gooding. for he aeevssd, followed and said
II this nan was convicted, u must BE- according
Law. Mr.. @. said he stood here 10 enter bis pr
test against any Illegal step for eonviotion. n
committee of the Houss had no jurisdlstion. WI.
the Govsrumsst WAs organised u was divided in'
three dspsrtnsnfs, The Constitution provide
that whom . mars life, liberty or chsrsstsr was |
stake no should be tried In pFeper court IN
under proper testimony. The Judicial Departmsl
was - barrier bstwssn the psopis and the Lssi
lstivs Department. He argued the disposition
would not support the charge Of perjury, and rs'
from Archibald, VOL ., p. 965i Russell on Crime
vol. O. p. AL, and said, where dispositions were n
irrsgulsrly taken and not admissible ~ svidsn
they would not support the chsSgs Of perjury. II
accused had oontfsdictsd part Only Of Hosrss tss'
mony, and hs was 90 understood BY the oommitts
and The indictment should state what part v
| ,ontradioted and what was not.
Ths papers were all submitted 10 Judge Fishs
vbo will give bis dsolsion In . few days.
LIpoyNY CAsEs.-Emanuel Wamer W
.,,s.tsd ' Sergeant Barker In the Seventh va
on Thur,ds,. on charge Of stealing several ar
ois. oS hsrns.S from T. Fowler. He was se
~ ;.ii for court BY Justice Handy.
Robert Fisher, . eolorsd man. Wa arrested
oobosr Ellis in tn, Third ward on charge
steslips meat from VIM. Hss. Justice ThomPs
sent him to jail TO answer the charge at court. =.
Edward Hoover, colored, was arrested IN '