New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-03
Q TIE SUBCOMMITTEE.

Ihe almost incredible statement is made
| that the subcommittee sent out here to
| listen to the complaints against Judge
Durell sit with closed doors. Iley ex-
clude the accused and his counsel, as well
as such of his friends who may wish to be
on hand to defend him from the aSper-
sions of his political rivals and malignant
enemies. This is not in accordance with
| our ideas OF American practice. One of
the fundamental principles of our Grim
inal trials is that the accused shall have
the right to meet the witnesses face to
face. And the same propriety that exacts
this rule in examinations before a petit
jury extends to all cases where a
mans property, liberty or honor is
involved. Grave charges have openly
been made against a member of
the federal judiciary, and Congress, not
Charles l., has sent two very honest, we'll
meaning gentlemen, representing country
counties in Indiana and Wisconsin, to
take testimony and report back to the
House Judiciary Committee at Washing
ton. There appears to be nco equitable
rule observed in regard to calling wit
nesses. Energetic enemies, it is said,
find no diffic ulty in obtaining access to
the presence of the committee of three,
or two "a refinement on Venetian juris-
prudence, by the way, while such ques-
tons as have been put to the friends OF
Judge Durell relate to any and everything
but the case which Messrs. Wilson and
Eldridge were sent here to investigate.
We can hardly suppose it to be matter
which concerns Congress to know how
old citizen of New Orleans may be,
whether he wears false teeth or false hair,
how many children he has, how many
drinks he takes in the course of the year,
or whether he pays his own travelling ex-
penses or goes on the dead-head principle.
For neither affirmative nor negative an
swers to any of these questions can by any
possibility affect the object of the inquiry.
A mass of irrelevant testimony is likely to
be taken in these Star Chamber proceed
ings, which, if uncontradicted or not I'M
paired by cross examination, may work to
the injury Of innocent parties. For we fully
believe this subcommittee will be wholly
unable, if not unwilling, to withhold the
petty gossip they are now gathering at
their secret examinations from the all
compelling Bohemians of the press. The
most malignant portions of the testimony
will be culled out and published to the
world as ''sworn evidence" while the de-
positions of fair minded, honorable gem
tlemea, who are not in the habit of intro
will be excluded, because it will not make
the papers sell. AS the evidence taken
here is bound to be laid before the Ameri-
can people, even if locks have to be
broken or clerks and committeeman
bribed to obtain it, it is important that it
should be judiciously sifted before it is
committee Ell Joy some sort of reputation
as country attorneys, but neither Of them
has any great reputation as jurist. And
if he had, this consent to hear testi-
mony in an important case in the ab-
sence of the accused or his counsel would
destroy it most effectually.
Judge Durell, for himself, and his
friends for him and themselves, demand a
fair, open, public examination. He is
placed in a position where LIs reputation
may be injured by malice if permitted to
sneak into committee room and vent
their petty spite in masquerade Such
treatment is un-American, unjust and
unconstitutional. No good can come of
it, but great harm is inevitable. If this
subcommittee reports back to Congress
that their secret investigations disclose no
cause Of action, Mr.. Wilson will be &C
cused of partiality and Mr.. Eldridge Of
having sold out If, on the other hand
they 60 back to the capital freighted with
gossip enough to hang fifty honest men,
and charges are preferred against Judge
Dureil, then both he and his friends Will
be pat to the expense of going to Washing
ton to disproye what they can as well do
at the ST. Charles Hotel here az home if
the two agents sent out by the federal
government will open their doors and
give them chance.
Tur sEcoNn ~ JaEUAPy