, 1874-01-31

an M tae ,i Ial'aco e n9noy4 n tic said rrcasury
engo and the porson md oncer by whom
euch Treasurer And that he t9s sid III M DayidsH 1s 4.
aSgo wns ten ~ md M ro required aw o verfy
aad account aad lo to sa's, with sai s %ceot "n IN IN
he Is3a sGGs p,SI SeS q e sna o9ntsoes s
sa y of bsssr ss p s yoar a os II hs
,aa County et oSet rssr to s xasta. r-
Of tho Treasury Of sail CITY Of ohicago,' md tao
balance Of mot.e,s in ssd Treasury e ay of
hundred ald ssvontythree; mud tint he, iho 'ts Jill
,}Hs Paid 4: o,se q; T.; sne! Treasurer ton and
eFs eFs i. liu1s sy by Il "~ sen a y n n a
10, said ,oo'nitro1or tlo nraount Inst afote-
ssia md that e' o @ snia David aaK sae
verify sald lastnac account BY lia oath, mi, to o
said account md o said oath attached TO lilo samc in
by law to du, did tho sad 9th iay u Deco,nber, Ia
barrett being then and there Notary psblie iu md
for sald city Of Chicago; In said county, sd did .hen
Fss: : 5 r. +
sy and yoar lat s a,orepa aea a'a and pr' III N @ o
low, sworn before and by tho sai Francis NJ. Dnrrett
concerning tho truth Of tho unstefs contained in said
arv ,' 10 @ IT, saia Fsanes M naErG's 49, sch NO
ihnrtv ~ o'h,init a so I'M as'S's .a lmSt lm "'u n m
H. H. that bclaH; and that ho the said David A. Gage
said before tho said rraunin NJ barrett, Notary Inb
c - aforeaad he. the said Barrett, NJ ncl, Notary
G"uo ~ sn'nns nGn my ~ taerG @ ness t ~ no"es n an9r
iolf did ticn md ,hnrs ,iniawf,liv fnlsry fcnnionN
Y wf.y md eo.Ey in and By hs ssS affidavit
stance and to tho effect following IL matter m9ertal
20 H., tao lolnt IN quosi.on' LINT 70 10 s9y !nas
ncp IN VIZ w vcar n, or rrH one tSonaon1 einh
hured and SEVENTY IN snii rress1,ry. 6al.
and hore the day and year laat aforesaid, In tho
hands of hi tho said Day!d A Gage, ~ such Trcas-
nrer: w. saa sum Of IN money ~ W
the aald affidavit noW q, a!e II the proper etllce
Hl1ereas. IN truth nnd In fact. thero was not then
and there On lilo .1uy aud ycar list aforesaid in sail
Treasury ba!nuco Of moneys Of 81. 40, and
Mngseas @ W. & ~ i,a au ~ laI 1T up no saa @ @ uasa a.
ne day ant, year ast Aforesaid. laye in Ills hands The
sum Of $l,l1glloIo And 20 The Grand Jurors uforos
said, upon their oaths aforesaid, do say that hc.
tho sasd David A. Gage did commit w1lin and corrupt
Soo a II IT, s o nos ana dignity OF tho
ine n. montnuy ropors OK poo. =, !o2 upon
which tho indlctment for perjury is framed, is
aa.tssa ny tug e state Attorney suu PROVED BY
h4Aaaf4b W w VIZ oAtA VI ALL. Iatet HlA4o oH
tho 9Th Of Decombor last, md that tue same and
no other WIS prosecuted to tho Grand Jury, and
it ia tue same mud only oath upon which tho per-
Jury 10 this cneo il assigned. For REASONS pro-
scented by this document, not apparent upon tho
record, We movo to qnash tue Indictment, Of
which this instrument Ii conceded to bc tho legal
foundation.
| The principle laid down Is not that matters Of
lefenso may be heard upon this motion, but tho
| object of such extranoous evidences Is to show
| that fhn incirtfnent failn n rant t1oo1 1nun1
! foundation. Thus where On indictment has
| becn found by mistake or reported as true
bill when 1t was intended to bo ignorod, or whero
| 1t was fonnd Upon unsworn evidence, or by m
illegal body upon illegal evidence, buoh oxtrano-
ouB facts may DO established BY affidavit aud
| considered by tho Court. If the indictment ia
shown to hayo no legal foundation aud existence
1t will bo ouashcd. file Affidavit Of SIr. Gage
constituting tho foundation Of the indct1noft
for perjury, being THUS legally. before tho Court,
we claim tho indictment should bo quaahol bo-
cause
TIE AFFIDAVIT Is ILLEGAL.
Tho affidavit iu refo7euca to the custody ot
tho city moneys in which Mr, Gage appears ia
Hwear. q have not fliroctly or iniirectiy usel.
loaned, or Invested, or converted to nv owl
use. or suffered any ono" otc,, "ot tho
mistako in tic Officer over to Lnyo administered
7 y7@h m cath. and a mistake in Mr., Gago ever to
fI3E5 ti.kon It. No pretonao is made by ths
8tato's Attorney that It involves any legal inn
DOft1nCG, anu IL IL not G3uDrACCu III tue NlQlELs
mont, or in any way alluded to in tho reoord.
now THE ERROR OCCURRED.
Tho mistako occurred in this wise: The char
tor Of 1868 required tho city to furnish a placs
TOR tho deposit in kind Of city moneys, and uade
it felony III its financial officers not to place md
keep tho money thus soparatod ind intact.
Hence the law required tho affidavit above sci
forth. Forms Tor such reports and atlidavita
were supplied to tho Treasurer's office, mud tho
such forms in fine, uureadable typo.
Whom Mr.. Gagp and q now administration cnmo
into power in 1860 aftor q loan and uso OF tic
city funds Ind beon agreed upon, and a Inv
passod to legalizo such action, these printed ati-
dayits woro not changed to Buit tho now order ot
things, Tho law. aftor tint change, roquireu the
affidavit to rcAd, ~ haYo not directly or lndl.
rectly unlawfully used, loanol or invested etc.,
or the word unlawfully should llaye been insort'
cd i'll tho old affidavit boforo tho word used.
WHAT MR. GAGE THOUGHT.
What Mr. Gage thought he Bworo, and what