The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-14

TINS question Of bill OF particulars fesu win enc
discretion Of the Court.
what day they conspired. &c.
Mr. Tenney said they wanted him to set ont the
estates 1 upon which taxes were recovered ana the
"a M Tennsyawe have been groping in the dark
not o. been indicting citizens without proof
MI renney-l went to Washington for
Judge Benedict don't care what you went
there Tor You draw such bill ofpartIculars as you
be- il It is not specific then let ' them Object to it.
II you say you can't-f You say you do not know
wnet the hrst count refers t0-that Is the end
Mr. Tenney-we don't say so. We have had
enough evidence to satisfy twenty three men.
speak OF his Washington trip; but Judge Benedict
9ecined 10 near him on that point, saying that ne
He 9Gs care wass Mr. Te1nsy ala at the capital h
particulars.
Mr.. Tenney then insisted that the first count was
not general count: 1t sets out conspiracy and
the nnodus operandt of the conspiracy.
Judge Benedict thought he had better serve q
Mr.. Tenney iDtimated that the Court made this
orGe G without reading the papers IN the case.
trict Attorneys statement OF the first count.
ask taat order g. sntered s' and that
now it is ordered that the District ATTORNEY iSy;
fence with bin of particulars showing the trans
actions set forth In the first count OF this indct
Mr.. Tracy asked that the District Attorney
sn0uld say what the papers were-the papers men,
toned IN the indlctment-so that the defence
them.
Mr.; Te1ney-Ifyou can get them you can 90 bet
Mr.. Tracv said that this was no question for
stump speech or ior casting innuendoes against
be put in the indictment there must be some proof
OF what the representations or appliances, or
writings were: The prosecution might not be able
bound before the Grand Jury to prove the Existence
OF certain papers, &C., and they were bound to
defence could not say but that they we're to be
confronted by proof OF verbal representations and
false paper within the meaning of the statute.
the prosecution set up that the defendants COM
United tnis fraud by means Of presenting false
Mr.. Tracy did not know whether the defendants
were to be confronted with certain vouchers Or
was letter written to the Secretary Of the
Treasury whether these representations were
Of the treasury was induced to do certain things
c Grs Geraoat S.vs Of DEPOSIT or bin q
were produced before the Grand Jury. At any
rate, the defendants wanted to know what 1t was.
the subject; but they wanted something which
would enable them to prepare their defence and
kuOW Wudt Vucy ndu got 10 meet, 30 tnaC tney
would not be surprised on the trial. Mr.. Tracy
continued his remarks in similar strain for some
time, and at the conclusion
Judge Benedict said that he must look at the
other counts OF the indictments, and concluded to
reserve his decision.
The order previously made was not formally set
aslde but 1t was understood that 1t was to be con-
Sidered as imperative.
Counsel agreed to wait upon Judge Woodruff
to-day to ascertain whether he could try the CASE
Judge Benedict said he would be occupied with
business in the District Court and could not try
the case this month.