Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-02-09

The second day OF the trial OF w. B. Stokes.
late NJ. @. from Tennessee, charged with
taking fees or gratuItles for the prosecution
Of claims against the Government while a
member Of Congress, drew large crowd to
the Criminal courtroom yesterday, one not
go great, however, rs had attended on the
previous day. MI. Stokes occupied, as be-
fore, a seat alongside hls counsel.
A ma oRrrESpEN SPEAKS.
Mr.. Critteuden made the opening nrVu-
ment for the defence. lie urged That the
offence for which Mr.. Stokes waA In
dlcted was no crime at all a few yeare ago.
II was merely one Of those cases which are
what Is called ndld prohibid, aud which but
for the statute would be harmless.
He said that twas Just that Capt. Beatty's
company should reimburse Mr.. Stokes Tor
hls loss Of time, expenses and sickness, and
n they chose TO fix u liberal amount Il was
nobody's business. Mr.. Q, alluded 10 the
rived In Nashville and found Ii Just deserted
by the Confederate troops. Within two hours
OF that occupation w. B. Stokes came In, and
his frst work was to raise regiment for the
service Of his country.
Ma. RIDDLE ARGUES THR CASE
Nj. Riddle 10 opening, quoted the rule Of
law which declares every mao Innocent until
" VFbNtu kulthls NlAmNnutn
acumsn the testimony 10 the case, which no
couLended failed 10 sustain the charges made
IL the Indictment
Mr.. HARRINoros CLOSES.
Mr.. Harrington made the concluding argu-
ment for tho Government contendlng that
the evidence showed not only that stokes re-
eelyed the money for prosecuting the claim;
not only that he demanded Il, but that he
threatened that unless no WA paid he would
make things hot would raise q SIX, aud
would put one Of the parties where the dogs
would not bite him. IL he was allowed 10 es-
cape the responsibility would rest with the
jury.
CHARGE or TnR ouIEP JUSTICE.
Judge Cartier, 10 opening hls charge to tho
Jury quoted the statute under which the In
dlctment Is found, and defined liz moaning.
Under that statute the United States had
arnigned W. B. Stokes upon three counts.
First Tor aiding and asslstlng for compensa-
tlon, TO act as agent or attorney for the prof.
ecution OF claims against the United States.
Under thla count the jury must Inquire, under
the evidence, whether Stokes did 90 aid, for
compensation 10 be received after the ser
vice was rendered. The first Issue OF fact Is
here, the prosecution insisting that Stokes
aid was rendered for hire, Aod the defence
cOntendlng IL was voluntary aud gratuitous
aid 10 hls constituents. II he worked for
pay be Is guilty; II not for pay he Ia not
guilty.
Il wa not an unworthy but an onorous
duty OF Representative TO asalst In claims
al hls constituents against the Government.
Tho question here was whether this work
was dOn3 from public duty or for private
lucre.
The next count charged that Stokes bad
received gratulty In consideration OF SER
vice In the prosecution OF claims, he being a
member Of Congress-" This, said Judge c.,
vas the first time ln statute that a cOnsld.
Grafton was placed in connection with
'graiulty," for tina. word meant "prosecute
without confederation He took Ii 10 mean
In this case mo consideration In the form Of
a gratuity," aud the law thus made lntelllgl.
bio presented another question OF fact 10 the
Jury, whether the money paid Stokes was q
bonq ytds gift or only fec or reward which
took the disguise OF gift 10 escape the con
sequences Of an Illegal Transaction.
There was another part Of the proof which
became Of value only In easea where the evil
denee Of guilt was not decided; that was the
good character OF the accused. This the law
made shield to mere suspicion; plain proc
alone could prevent Il. Take the case, gen
tlemen, and consider IL.
| THR IURr DO NOT 90 our.
Just as the jury were about 10 retire, Judge
| Cartier said that Il had been suggested 10 him
that the Jury were fAtigusd, aud would pre-
fer TO consider their verdict Ia tho morning
Mr.. Riddle said the defence had no obIee.
ton.
Mr.. Harrington. The Government IL no
willing. uoyer heard OF IL before In cas-
| Of this magnitude.
Judge Cartier. Well, l have. Gentlemen
OF tho Jury, you need not go into your jur,
room Tonight.
And, after proper caution, the jury was dis
charged until this morning.