, 1874-01-31
AETE VqAGE- UASE.
Formal Motion Before
Judge Rogers to
Quasll tllo In.
dictlnonts.
Mr.. Dexter Holds That the
City Charter Repeats
the Law Of
1883.
The Councils Approval Of Loan
ing the Moneys Bars an
Indictment Under
the Charter.
Gaso Should Not OIL That Account Bo
Indicted Under a Law Which
Docs Not Apply.
A1r. SWEET Claims that the Af-
fidayit Made by Mr.. Gage
Was Illegal.
An Indictment for Perjury on Such
an Affidavit Will Not
Hold.
"Money on Hand" Means
Money Chargeable to
the Treasurer.
Mr.. Reeds Holds that the State Law
Of 1883 Was Ro.enaoted
in 1869.
He Also Claims Gage Swore the Money
Was "On Hand" When
It Was Not.
The Court Reserves Its Decision for
" Money on Hand " Means
Money Chargeable to
the Treasurer.
Mr.. Reeds Holds that tho State Law
Of 1883 Was Ro.enaoted
in 1869.
He Also Claims Gage Swore the Money
Was "On Hand" When
II Was Not.
The Court Reserves It's Decision for
Some Day Noxt Week.
TIE INDICTMENTS.

THE INDICTMENTS.
The arguments on tho motion to Quaah tho in
dlctments In the Gage cnHo wore made III tho
Criminal Court yesterday aud occupied both tho
morning and afternoon sessions. Tho room waB
reasonably full Of people, and the remarks OF
tho distinguished counsel for the defendant we're
listened to nttontiyely. Mr.. Gage WAS presens
all day, as we're several OF hiR moro intimate
noolaintanoes. Judge Rogers occupied tho
bench.
TIE oAHE WAS orEftED
US follows;
Mr. Rcod-1 am ready, il the Court pleuae, to
tuke up tho motion in tho case against Mr.. Gage.
The Court-vory we'll. Tho Court s reaay at
any timo.
THE PnEL1M1SARIEs.
Mr., Dexter-Mr. Reed, which Of tho indict-
ments is first in order?
Mr., Recd-No. 551,-the ona for failing to pay
over money. ...
ur. swett-n connection with these hl-
dntments, I want to Ale copy Of the rosol1l-
tons and ordinances OF the Council, which Are
sworn to, and tho affidavit OF Mr. Gage.
Mr.. Reed-I admit tlat.
Mr.. Bwett-Thcu would like to have the I'd
mission entered OIL the record TINT tho affidavit
filed is copy Of the one upon which thu ineict-
mcnt is based. .....-
MIR. Need-You know it iB = true copy?
Mr.. Swett-Ycs, it il.
Mr., Rocd-I have no doubt 1t is your Honor.
Mr.. Swett-That this is a copy Of tho affidavit
upon which the Indictment for perjury was OBJ
timed, and tint no other affidavit was Gworn to
or presented TO the Grand Jury as tho basis Of
this Indictment except this.
TIE FlNsT INDICTMENT.
The following is tile indictment to wAiuh the
argument OF Ar, Doxtor was chiefly directed:
term Of tho orilnina! Court Of Coo County, In said
county and sate tn the year Of our Lord one tlou-
sand oight hundred md segenty-ionr. ..u -
md s for the county of oook in ths stas o' illinois,
the aud by the authority Of tho people Of the
as a. age HUGE ao oi hp nep County q ay
December in the year Of our LORD 1871 n said County
Gage the TFcasror Of said City Of Chicago Tor ana
% ara o f s and ai
said; aud that III and during, the time atosc-
said, he, the said Gage, WIS instructed by law as
divers inrsa sums Of mousy, cnrront Gank bills, anI
United Staten notes, commonly called money;
Tleasrer M es H. H. aud @ durlng lie limo i siores @ Ia
tho county aforesaid til receive for safe keepng on
IN said oy Of oh!caao ana s County s,s Of
VI: The of t5o7, 7o55s aud that tic aaia s Of
Gage Us sch Treasror, did not disburse, and as alch
and dd hat o W 'a tho a Day
December. 1875 the term Of Office Of said David A.
0ngc. such Ircasurer expired. md that the duy
and year aat aforesaid, Dane1 o'iIara, who became
mid WINS, md over Rnco bus been, and st iH the said
Treasurer Of the City Of Chicago anl tlat he, the
tnid Danlol o1laEa. then and there became md
cesBor In Office OF said Dayid A. Gage, such
Treasurer, and that tho esid sum Of $507 7o3,be
was, and still ia, ownrd by, and is tie property
of, iho CITY q Chicago, aforesai.!. sna vns, sni
cago aud that afterwArs, The eth day Of JANUARY,
1s4, In sa!d city, county, anu stac, ths 4aa Daniel
Oiara, as such Treasurer, and sncl aucceHxor q!
said David L. Gage, aforesaid, did duly dcn,a1d oi
and from i,n sai osge. payment Of and deliyory to
the aa sum Of sso7 7o3ts he, tho said Gage, being
then and there required by law to ray and deliver
to said O1Iara, ~ such Treasurer, the aaid sum o
0703bs, and be, the said OIIasa such Treasurer
being then aud there tho officer TO whom such pay
nent aud delivery should and ought by Inv to IL
naae and that hc, the eaid Dayll 4. Gage, not re
garltng h!s duty aa such Treaaurer, did then ant
thcro, on the day and year aforesaid, unlawfuy fa
to pay OYER mud deliver to paniel OIIara, a. eucl
1roasrcr mud stseccSaor the sad sum Of sso7, ,7o3 10
contrary to tAu Bttute MI, against the peaeo aud dig
nity of tue sumo people Of tho State Of illinois.