Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-02-15
RATD CASES IN COURT.
EN Representative Stokes

EI- NOTION FJR ARREST Of Iru+-vF-vr
oEiEhULEi'-THE CASE To co TO IHs GEN
Ou She opening Of Criminal Court this morn
ing ju,C" Cartier aBnCuuctdhi- decision the
notion IN arrest OF judgement in the ease Of
" N Il. Stokes a. fOllOws: ~ have under con-
>4t,TarIoH the motion in arrest OF Judge ment in
the case Of the United States ". VIM Il. Stokes.
AMI have come 10 tire conclusion To OyCTTule u.
without expressing aay opinion, aud without "A
Conclusive Judgment OF my own upon the IN at
ter. ToSfP"uinE ultimate judgement even with
ny-el: until il shall be heard by the court in
H. general term Sentence Will be deferred
until This question is heard in general term, |
think Ey colleagues in that court will unite
with me m diSPOsing OF " next SATURDAY.. and
after It's disposition the Gaze may be finally dis
Ivs'dOf.
Mir. Ridd.e-I 10 not know. hut I suppose
yOuT honor. that il ought 10 be treated a. one OF
The arpealable matter. and 81 presumng, the
6'f' ndant appeals from the ruling of your
honor.
Sentence of Powell
VIZ g. Victor Powell, convicted of receiving
money while clerk. was called on to stand mp
The Court asked Mr.. Powell Have Won anv
further reason, to urge why the sentence Oi the
law should not be pronounced?
The accu>e,i.-I have not.
The COuTt.-The Court has come to the con-
Ciu-.OH ia YOUR case 10 impose tine OF 500 and
The costs 81 the prosecution. The considerations
that have brought the Court to TIE conclusion TO
make TINS me thus hight, II TIE Uniform guoi
character that YOU have heretofore sustained.
art the fact that the evidence in yOur case fails
10 Il ye.Op any pnrpOEe on SOur part to prrpe-
tTate any fraud upon the government. While
The Court regards THE an important statute.
and lis execution important. T. ey discover
nothing IN the character OF yOur traflSgreSsion
ihai should make yOu 4 special object for legal
veHgt anTe. You will Pay "a fine OF 900 and the
costs OF the prosecution Are YOU prepared q
Iay the fnC2
The aCcuSft-I am.
The costs were then taxed, and the defendant
having satisfied the marshal, departed.
HE Seth johnson Enbezzlemspt
Result oF THE ACTION or COSsREss IN TEE
EISCHAEGED.
Seth John son. indicted for embezzIing s.0.Ona
from the treasury, ia which defendant lad
entered plea III bar that he had been examined
by a committee OF Congress. was taken up, aud
aIIer short argument Judge Cartier decided a.
follows:
The CoUTt-A plea is interposed in this case
setting forth that the defendant, at the instance
az under the mandate OF a committee i'm Con-
gTe>s, testified TO all the facts involved in the
er4le with which he i charged; and tina that
Oug, 10 conclude the prosecution against him;
alid this statute Is relied upon IL support OF In.
plea mo person examined AID terrifying be-
fore ether House OF Congress, or any commit
tee % either House, shall be held to answer
CT ,EIH Wv in any court of Justice. or subject t.
any pel--ty or forfeiture for any fact or act 10
which lie shall he required to testify before
either Use OF Congress, or any committee of
ether hOS>e, a. to which he shall have to te>-
N.Y. Whether before or after the date OF the act
Now. II II s-Tued that inasmuch the defend
ant was carS1 before a committee OF CONGRESS
pending the .adictment against him. ana made
W 10 L. dCI> embraced within II. which
constitute tie body OF his offence, that he
i not within lie protection of the provisions
o. tbl- act. Believe that is the point taken.
The act y All absolute Injunction against uUn-
iShment, or proceedings against a man on ac-
count of anything hat he is compelled to testify
10 The ehest OF { Is TO arrest proceedings N
&iy time where Congress superVenes to compel
testimony, OF the act would be defeated NOT
"nif III its purpose, LCt in its terms The pUr-
pose OF this act evidently is TO facilitate invest
edtioEs before cOpmittecsin Congress; and with
- vie. OF DONG II, Ii u. JyileS for Immunity IN
any man WHO shall be compelled to testify
It's pUrTese would apply - a man under indict-
hehf, "a vel As TO Fan who might be in
aIoted. The effect Of IL would be the same IL
would be a legal fraud upon the rights of any
Ihdlviiual a. ter indicting hiIa to compel him to
go and make confession BY process of Law and
under pr0miseOf immunity, a. Il afterwards ex-
eCute the law upon it, Nov, Congress did not
intend TO do any sach thing. ara the court has
This demurrer is oyerruled, and the plea sus-
'aIEed; DO YOU wish 20 plea over?
aT. Harrington.-TLere is nOthiag to plead
The Court-That is the point.
VI. kiddie., suppose Judgment will follow
The CourI-It will, unless the government
~ sire TO plead over.
hs. HaTrmgtOn-No, sir. This matter !. de-
eiSeG. ~-tf YOU have no other answer to
lie Iou' dSQuTrer, OF course il is con-
tie plea than b,
e!gsiye- ~er.-I presume that
plea operates TO Iuash the in.
Tie CouIt-Ito operates as bar. liant
Mr. RIddle--lt discharges the defeh die
The Court-Ihe effect Of the decision &, -,
demurrer unless YOU wish to amend and plea
over, i TO discharge him, and that will be the
Judgment unless you have some other answer TO 4
the plea
MI HaTTingtOn.-We have nothing else. The :
committee summonedhlm.
Eale's BAIL Reduced.
TI Riddle called attention TO the case Of NJ.
- Ill char of mn IN
certain papers from the Anhrd Auditors Office,
which il is alleged was a, 0ded to be used as a
basis OF claim, in deraulkxf slO'OcO, and ASKED
that the amount be redGnkt.
The Court ordered LAT the hail be 6xei
50 ~, WHICH lbS accused gave in the course u
tie day.
TIE FATAL NALENTINE-Hdre We Lacrsiic
RoTsic -tmCHg This morning, about 10
O'Clock, a cOlored woman named Amelia Davis,
living in Jackson Hall alley, between Sd and
=. and T. streets and Pennsylvania avenue,
while engaged at ironing had a valentine
brought 10 her, and on opening the envelope
fell a. the floor and expired. The valentine was
Genie one, and inside was some spittIe. OF
Ger Su! an was notified, and sent for DIR. Pot
ter, the coroner. The deceased was raising an
orphan child. and the valentine contained the
wOTdS ''cruei treatment OF sn adopted child"
Dr. Potter. after the statements OF her friends,
decided that she died OF heart disease, and that
an Inquest was unnecessary.