, 1874-01-24
.. A. GAGE.
His Case Is Postponed Till Friday.
Counsel for Dclonso Arc Nat Quito Pre-
pared to Argue Tho Motion to
Quash tho Indictments.
They Intend to Do It Thoroughly and
ExlaustiveIy.


ExllaustiveIy.
Tho Criminal Conrt-roonl waa crowded yestor-
day morning, It hoing understood TINT a motion
would bo mado BY council to quaBll tho intlict-
monta against David a. Gage. Judge Rogers
occupied tito houch.
A few minutes after 10 o'clock tho Court said
what have you this morning. Mr.. necd7
Afr. Reod-The fist thing was tho 0ego caec,
but nono OF the attorneys aro here got. will
wait fow minutes, your Honor, for them to
como In, aud, If thoy tlo not como, / will send
for them. I want to know what thoy intend
doing.
Tie Court--I thought It waH laid oyor until
tomorrow.
nlr. Rood-Wo did not mako tue agreement.
I saw Mr.. SWEET. mud l,o aatd this morning-t1at
1t would not tnko lin, any timo-that lie would
simply como in and mako a motion asking for
further ttnle.
1u a fow moments Mr. Swott camo in md took
n scat near the States Attorney, with whom llo
entered into n whispered conversation. Wllhn
the talking closed, Mr. Reed uaid: II tho Court
pleaso. Iii. SWEET is lorc now, md would lt1so
to have something dono In this Gage matter.
alr. Swest-1 oxpectod to ilavo seen Alr. Dox-
tor this morning, but ho understands
this case is coming up to-morroN morn
ing, md had not como to his Office
whom ca1ne from thcro O moment apo. UNDER
stand wo arc to cntor motion to quaB1,. but VIC
are not ready to argue it this morning. The
case, ID it sooms to mo, involves D prosecution
under entiloly now statutes It is easy for any
body to rot up hero and make spceeh aboutit,;
but that will not enlighten tho Court. We wish
to get all these statutes together, aud tho
authoritics bearing upon those new questions,
aud present tho,n in such form as an invoatiga-
ton Of the, the question @ nllall show. | hayo
t, I,' and BY 4oziay noxt @ or or wadnesaay " %
will have completed my Investigations, and I
think could present tho question IN moro in
telligent manor than could by talking about
would like to see hr. Dexter before setting tho
day. suppose hc will DO }1ora III few mo-
n,onts.
Mr.. Roed-Do you want to wait until ho comes
in
Alr. swott-Yas,
A larceny. case was then taken up and A1r.
Swott loft tho Courtroom. While witness waa
/ examining he returned, and, when tho wit
ness l'ad 6cen told to u wait u minute" ho said
to the Court:
Mr.. swott-As to this Gago matter, your Hon
or, n misunderstanding has occurred betwoan
Mr.. Doxtor md myself, and tn this way. Tho
cnap waB sot, aB your Honor remembers, for this
morning. Afterwards Mr. Rood met me, and
would porhaps be moro convenient to havo tho
matter called on Saturday morning. said had
no cbiectiona, md told Nlr. Dexter Of it. In
talking with MIR. Reed, the question about tho
mako motion to quasl. but did not waut to
mako the argument on Saturday. Ho
then nuggostcd, il that were go, I might
as we'll como in under the old agroe-
,nent' Ma ,"a.o md make "a 70 1T, il Fray morn,ngt
tell him about it. fhla morning ho is not in liz
Office. and cannot be found.
Tho Court-Lot il 60 over, then.
Mr. STott-l wAnt to state furthor, then,
might as we'll hayo 4 tirno fixed for tile areu-
mont now. ThiB caao is ono in which--and I
boliove tho prosecutor agrees with ua, oil this
motion TO quasn which wo intend to make, all
tho facts which appear OIL record Or aro ccrtain
to appear-all written documents should
como in, 80 Tint tho Court may real
ly pass upon this question. For, II it IN
clear that no indictments can attach, 1t might as
well be decided ut one time aB Rnotllor. III ortlor
to get tho question fully before the Court have
taken tho pains to 60 to tho city records mud OBJ
tain all tho orders, and motions, aud resolutions
since 1860, in reference to tho loaning Of tho
city's fnnda; and also am endoaroring to collect
oil H tho 1 nsn 20 as to get them in M s1n AL
time Of tho argument, that, without going
through d multiplicity Of books, t.,::oy may MI
ho before you. I cannot complete tllo work bo-
fore next Tuesday. I have got 1t half dono
now; aud I boliovo 1t will shorten this care,
or at loaat facilitate it's fair and full preHcnta-
ton to the Court to simply allow ne timo
to finish it. That IL all wish: It Is not my de-
sire to postpone this casc at al but to hring it
to immediate trial,juHt Us all tho facts
pertaining to it can be investigated and present.
Cd. 1t is my desire also that tho case Should bo
presented to your Honor at this term OF the
Court, 80 far as it can be dono by this motion,
aud for it not to so over, Therefore, as far as
We aro concerned, we would be ready by Wednos-
day morning certainly to make tho arguments.
l1r. Hecd-1f the Court ploase: THO calendar
for next week containB some very important
caBes, and l shall have to be away Monday
spanssd a1a 9ssdis Sunday q ngRR ssRssf 5 to 50 s. t.
not be back until Tuesday night or Wednesday
morning. There are sonic important cases sol
for Wednesday, There ia nans1anghter case
ono man killed another ont in the country
specially set md tho witnoBseB hayo boon no.
titled to be horo, md TINT cannot defer, be-
cause it would discommode tho witnesses. I
would suggest that it tthe Gage easel 80 over
until next Saturday, If it goes over to next
and told 1ir. swett so, but lo snys ho cannot
| be ready. OF course it IL within your 1Ionor's
| discretion to say whcther thoy ought to have
further TING. But If it ,gooa oyor to n week
from Saturday, which is the Inst day of the term,
you would Eavo no time to examine It, unless
yon took tho t1me anil camo into court at the
noxt tern, and lot Tho otl,or Judge enter what
over order you wonld direct him to enter, which
am perfectly we'll satisfied you could do.
Mr. SWEET II would agreo to that and would
prefer that it bo decided at onco The only Oh
lect iu aBhing tlolay is tint we can got ali tue
statutes and records Which, Mr. noed consents.
wo can prosont in connection with this motion,
TINT it Gun DO fully aud fairly presented.
Tho Cuurt-I have no obiootion to giving you
any day noxt week, beca,tso it is apparent from
tho docket being full that 1t will take a of next
week to try the Cases, and that, Whatever may
he the result OF tho motion to quasl, no trial
| could occur next weet.
| SIr. swett--Yos. presume that is sottlod.
Tho Cuurt--lt would laye to 60 oyor to the
next term Of the Court for trial, II tho Court
should rofuae to quash tho indictments after
argument. have, therefore, no objection to
giving you my day next week, or in any week
at,sr yoM may appoint. :ghe week utter, Judge
Moore will DO hole aud viii listen to the argu-
for that, If It IL to 90 over long, hccause the
questions involved in tlia mastor will doubtless
10 mostly based upon the construction of
| not want TO hastily dspose ol them. would.
] probably, aftor henring tho arguments and tho