Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-02-08

The trial Of VIM. n. Stokes, late N. c. from
Tennessee, for prosecuting claims against the
Government while a member Of Congress, an
offence created by recent act Of Congress,
was begun IN the Criminal Court yesterday be-
fore Chief Justice Cartier. The courtroom
was crowded.
Messrs. R. Harrington and A. b. Williams
sappsa,red Tor the prosecution and Mc.srs.
accused occupied scat alongside his counsel.
OPENING OF TuE CASE,
The case was opened by Mr.. Harrington,
who stated the offence under the statute and
the method BY which the prosecution would
proceed In establishing the truth Of tho In.
dictmont.
Mr.. Riddle said that the defence would
show that the only payment made 10 this
case was agratuity given 10 Mr.. Stokes by
the company OF scouts, In assisting whom TO
obtain their bounty from the Government he
had so exposed himself that he came near
losing his life from Oycr.eNortlon and sun-
stroke.
Mr.. Riddle said that hls experience In the
trial Monday admonished him TO ask for an
enforcement OF the rule of the court that the
witnesses should be excluded from the court
room.
Mr. Harrington bad no objection, but
NhuNcu Nnc Nltntstta ioI NueuticuCt cNCiuueu
likewise.
Chief Justice carter. The object Of ex.
cludlng witnesses Is that they may not testify
In concert, and that will never happen with
witnesses on opposite sides.
TINKER pAvE ON THE STAND.
Captain David Beatty Witness knows that
there was during the war q company In Fen
tress county, Tennessee, called Beatty's CON-
pany Of independent scouts.
Mr.. Riddle objected that the existence Of
the company could best DO proved by the rolls.
After some argument the evidence was ad-
mltted, not as proof Of The existence Of the
company, but as preliminary 70 other matters.
Witness (contlnuing) was commander Of
the company he had sometimes %, some-
times 100 and more men under him; the act
/ was passed for the hcneht OF 102 men, (TOll
| prOduced,) witness docs not know whether
that Is the roll Of that company; cannot read
or write, witness had conversation with Mr..
Stokes about getting an &C. passed for the
about IL, and said he would do what he could
for them; when witness came up here Stokes
Charged him ga 800; witness then held
consultation with bis son, and they agreed TO
pay him e2, 500; he did not say what Il was
Tor, but ho said he was entitled to e., 800 out
Of the claim.
Mr.. Harrington. Was General Stokes
member Of Congress at that timel
Witness. l suppose go, cir. II was on the
| day that witness received his money that he
paid Il out. He got II In the day, and paid
Il out nj night TO him al his boarding. house.
He paid out the money for what he supposed
10 be Stokes services In connection with his
claim.
Mr.. Riddle. What did he say II was for1
Witness. He said he was entitled to Ii for
/ what he had done.
Mr.. Riddle. The witness speaks In a haEy
| sort Of way.
Mr.. Harrington. II IA hazy sort Of claim.
Mr.. Riddle. There Ia . rule that q man
shall respect his own witness, whether he Il
entitled ~ any or not,
Question. Did any one on that roll claim
pay for longer time than he was entitled tOl
Question objected 10.
The Court could not see what bearing the
question had on the case.
Mr.. Harrington said he was going TO show
that In the Hamlln house Stokes advise,
that some names be taken of and new Que
put on, because, he then said, that otherwis,
he would have difficulty with the Depart
ment.
Croes-examined Witness has heard tina
there Is an Indictment against him; thinks b,
has been arrested; supposes that he has beer
, kept here.
DO roU KNOW ANTTHISo.
Mr.. Riddle. IL there any one thing which
: you do know positively, and don't suppose 7
YES, GOOD MANY THINosl
Witness. Yes, good many things.
Mr.. Riddle. Well, I'll try TO call out some
thing which you do know. Is there an,
understanding that II you testify right In thi
case you would not be tried on your indlct
. menL Witness lo0ks towards counsel ~
: prosecution. No use OF watching these Eel
lows; they can't help you a bit. / am bet
ter looking man than either Of then.
Witness. They cid not say whether the
were going 10 lot me loose or not don
| knew whether | will or not.
Mr.. Riddle. Well. you suppose everything
what do you suppose about lp
Witness. Wei, don't suppose anythin
aboutit.
Counsel. Well, has no one told you 20
won't be trled7
Witness. No, sir; no one told me anythin
about Il.
: Counsel. Well eau tell you, you won
be.
Witness. / don't know.
Mr.. Harrington. Well, eau tell him
won't be tried, and could have told Mr.. RID
: Witness continued, stromeyer Hatfield
| witness and bis son came 10 Washington abou
these claims.
What did Mr.. Stokes say TO you?
Mr.. Harrington objected. The declaratlO
Of the accused can never DO put In testlmon
by the defence, except as part Of the nc
!, geside
Mr.. Crlitoudcn. There are part Of the r,
= So. IA ,,,i,,s, fur N. IN corno hy hI
b ho1sa m Tsnns.sss ana he would come vii
: nv ~ ,as .nSnIng a. sYrsp,,s MATER aI,n,
Q so w, Ssn[s in Iek,non INV
= 1nsssInn M yoa gnnu, WIN mid the n,
C oonsSss 49, f Wv
10 VVi,n,.s ,hI,k 40. Ne Uatasld nm
IT NJ s,son,a,ar 1,,n,.hod .a,n,. ,hsS 10
y rnwed ann Iro,, M StoLss ana M M,
D. a.,IS taiS ~, ba ,aId i, hsci,' H. ,,as -
u s"hIia ho,nro ,ho hiii aas DSsssd raj Vim
Is IA s,olo. II H. Soi ,he XII nS..ed h. shn
4 iois no,hIng hS N, Wines Al moi Iben a.
NJ s,ss ssnIng r. ~ . rim, toid him IL ha Won
& ~ XII 80 1911 ~ i, Nv .hn,'IS ~,
potbInn. did No, say anvthIng aha,,I navI,
him fas bia sickns:s, paId lin for nassIa
], Inc bill.
N n, Mummy, WItneaa Ia cork in IN
= masters office; Capt. Beatty was paid on Ii
n Cd Of March, 1871; identified as the person
/ Hon, Mr. Stokes: his sons were paid on n
d so m' uay' r..-. ,,,,,. 4. -. =, !.
X WiIncss, and WSs IN the independept sconi
! had received bounty moneyIsome az, 900
> ana naId mart to ~ "a 9tokes, StoLea an
i IA "a bcsn ~ tro,,bie il ss,,ing tbs M
e W hau I neaP " 'ou 1 a IN kse.sss n ~ y
= msDts and ,hst be sxncrtsS nav, wine
!. paid him, With The old man, S2,6o0; the Ar
% conyersatlon about paw occurred IN Augu,
n 1870; Stokes paid expente Of keeping sou
"a lOTaeg. he also loaned Hatfield 100. n wi