Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-02-16
THE oAsE OF sErn JOHNSON.


utacharMe Of tire Aecnscd'
Ia the Criminal Court yesterday, after come
othor cases had teen disposed Of, Nc. Riddle
saidi | think, your Honor, mlghtas well go
on with the seth johnson case.
The Court Very well.
Tue District attorney. He IL not present
Mr.. Riddle. II was my agreement with
Mr.. Harrington that might call up the case
after two or three days. However, do not
care
Mr.. Harrington. Oh, yes sir 20 on sir.
The District attorney had not heard Of my
agreement Its all right now,
Mr.. Riddle said this was a plea In bar OF
the indictment The plea AYERS that he was
subp9naed by committee OF the HOUSE OF
Representatives, and appeared before such
committee aud testified before them Of and
concerning all the matters, facts and acts
whereof he Is charged In this ipdlctment and
that, by after testimony, all prosecution Ia
forbidden by the statute.
Tue Court WHAT IA the repllcationp
Mr.. Riddle undertook W read the replica
tIon, AID said never was an apt scholar at
reading the excellent manuscript Of tho Dis
trict attorney.
M. HarrI5xton read tue replication, which
admits the acts set forth 10 the plea, but de-
dsnies that they operate q . bar to the iu-
dlctment. ...#
Both sides agreed to submit tho case with.
out Argument,
pscIsfoN or THE oHtEV JUSTICE.
The Court. A plea Il lnterpoiod In this
oase setting forth that the defendant al the
instance and under the mandate Of . COM
mittee In Congress, testiaed to all the facts
involved in the crime With which he IL
charged; aud that thai ought 10 eonclude the
prosecution; and this statute IL relied upon In
support OF the plea; mo person examined
| and tesllfylng before either House OF Cou-
gress, or any COMMITTEES of either House,
shall be held to answer erimlnally In any
court Of justice, or subject to aDy penalty OF
forfeiture for auy fact or act 70 which be
shall be required to testify before either
House Of Congress, or any committee OF
either House, as 70 which he shall have 20
testify, whcthsr before or after the date OF
the act."
Now, Il Is argued that inasmuch as the de-
PENDANT wns called before committee OF
Congress, pending the indictment against
him, and made TO testify 70 The facts en-
braccd within Il, which constitute the body
| Of hIs offence, that he Is not within the pro-
lection u the provlslons Of this act. l believe
that ls the point taken. The act 10 an abso-
lutte Injunction against punishment or pro-
cecdings against . man on accouut OF any
| thing that be Is compelled to testify TO. The
effect VI IL IL 10 arrest proceedings At any time
whore Congress superyeues 10 compel testi-
mony, or the act would be defeated, not only
| In It's purpose, bat in lts terms. The purpose
OF this act evidently Is to facilitate investlgu.
lions before committees In Congress; and
wltha view OF doing IT, Il provides for iInmu-
nifty 20 any man who shall DO compelled To
tastliy. It's purpose would apply to msn
| who might be Indicted. Tue Ell ct OF Il would
DO the same. IL would be . legal fraud upon
the rights OF any individual after lndlotlug
i him 10 compel him ~ 20 aud make conf salon
by process Of law and under promise OF I'M
/ nunlty and afterwards execute the Law upVu
It. Now, Congress did not attend 10 do any
such thing, and the Court has no inclination
TO inslst upon any such result THIS domur-
rer Is oyerruled, aud the plea su'tained. Do
yOu wish to plead over
Mr.. Harrington. Therels nothing TO plead
/ over to.
The Curt That Is tho pOlnt.
NJ. Riddle. | suppose Judgment Will fol-
low upon tho pleal
| The Court. Il will, unless the Government
dsslrss TO plead over.
Mr.. Harrington. No, sir. This mater Ia
decided, Of course.
The Court. II you have no othor answer to
the plea than by demurrer, OF course Il Il
conclusiVe---
District Attorney Fisher. l presume that
plea operates 10 quash the Indictment
| The Court. IL operates rs 4 bar.
Mr. Riddle. Il disch lrgei the defendant
Tue COuSt. Tue effect OF tho decislOn Of
the demurrer, u Iless you wish 10 amend aud
plead over, Il To dlsch srSs HIN, an that will
be the judgment, uuless you have SON . other
answer 70 tue plea.
| M. Harrington. We have nothing else.
Tue committee summoned him, aud with
them Is the responsibility.
The accused wa ordered 10 DO discharged.