National Republican. (Washington City (D.C.)) 1872-1888, 1875-09-16
THE CASE OF BROWN.
Hallsck in court-0ttman to be Produced on
Habeaa Cornus


The hearing Of Theodore W. Brown. on the
charge of being implicated In the robbery of
$500 from the cash-room OF the United States
Treasury in June last, was continued in the Police
Court yesterday af eruoou, before acting Judge
Samuel Q. Mills. The defense. among the wit
nesses suopenaed, called for Benjamin B. Hal
leck, and he was brought into court in Company
with Brown. He presents about the same appear
ance as when committed, probably little paler,
and shows q slight nervousness. He appeared
restless, his eyes wandering around the court
room, searching out some acceptable place to rest
What point the defense expected to cover and ex-
plain by his testimony was not shown, as Colonel
Cook, on account of the absence of ottmRn, de-
clined to place him on the stand.
Mr.. Wilson said before proceeding with any
evidence the defense might offer he wished to
move to strike out reject the pleas that had
been made, as they could not properly be consid-
cred at that time, and there was no precedent for
such q course.
Col. Cook wished to know If the answers were
in writing.
Mr.. Wilson replied that they were not, and It
had not been deemed necessary to put them in
writing.
Acting Judge Mills stated that the two pleas
had been overruled at the time of the presenIs
tion.
COL Cook answered that plea not in writing
was no plea at all; IL was an annuity sham, a
pretense-anQ there was no practce In IL. plea TO
Jurisdiction could be raised at any time. The
difference between himself and the prosecution
was that he attempted to enlighten the court by
reference to authorities, while the Government
cited none, but hoped to parry authority by bold
assertion. Col. Cook read from Bishop on Orimi-
nal Procedure to sustain the stand he had taken;
also, from Cooley's Proceedings. He said that the
question was one Of jurisdiction, and the pleas
made, according to the authority cited, had not
been properly met He could not conceive why
the counsel shrank from the question; It
had been fairly and squarely raised, and
the gentleman seemed lOath to meet It
If they did dot see fit TO file any answer on the
issue, he asked that the question should be held
in abatement until he could file the evidence
thereto.
The Court entertained that It had full
power, as far as the court was concerned to over
rule the pleas, aud thought there was no further
necessity to take action on them and did not pro-
pose to do so.
Col Cook wished to know how many
of his witnesses were in attendance. He had SUM
mOned Messrs. W. H. Ottman, B. B. HsIleck,
Judge W. B. Smell. VIM. Boss and Howard Prince
The marshal replied that a summons had been
issued for all excepting Mr.. Gilman, who was be-
yond the control Of the csurt, and that Judge
Smell had sent physicians certificate Of his In
ability to attend; the other witnesses were present
Col Cook said that he could not go on unless his
witnesses were in attendance, and If Gilman was
not produced, through eo9rtesey, as he supposed
he would, then he should be compelled to
GET OUT WRIT OF HABEAs CORPUS
to-day, compelling his attendance. This action
only laid the foundation for such a course. The
only points on which he could proceed was on the
money taken from Brown at the time OF his arrest,
and the box containing the money that was taken
from the bank at Alexandra, Va.
Colonel Cook expressed a desire that this box
should remain in the hands Of Mr.. Harrick, prop
erty clerk of the police department, which was
consented to by the prosecution.
W. H. HerrIck recalled: Had in his possession
the money taken from Brown after his arrest.
(Mouey shOwn.) There were two United States
Treasury notes Of the denomination Of 800 each,
issued in the series of 1869, marked W 17S, l73,
W 800 Co., and one lettered and the other ID.
There was one $500 note Of the Appleton National
M No. IL, 367 letter A, 145, and second No. $50.
There were three 500 notes. The first was the
First National Bank of outh Weymouth, Mass,
dated Decen Der Il, 1855 The second was the Ap,
pleton National Bank, Lowell, Mass, No. Az, SAL
1855. The third was the First National Bank,
ProvincetOwn, Mass, No. 49,, COL, letter A, 67s
and another No. 1876, dated January %, 1855
Republic, New York, No. 5Sl, 4Ol, letter A, 5,s77,
q second No. 1000, dated May TO- 1856. That was
Brown. There were three other packages-one
obtained from a man named Proctor, another from
Ottman, and one from Halleck. Neither Of those
packages contained $500 bill.
Col. Cook said he could go no further without
the presence of the witnesses asked for.
Mr.. Wilson wished to know what
THE DEFENSE DESIRED TO PROVE
by the absent witnesses. Ii Judge Smell was
present he could not testify to anything in the
pleas. He could not see the necessity of prolong-
Ing the case, and must insist on the trial being
puEleO 10 Close.
Col. Cook thought that of all professional au-
daucty this surpassed any that he had seen or
heard. He did not propose to tell who his wit
nesses were and what he expected to prove until
they were placed on the stand. He did not wish
to delay, but desired an opportunity to present
the defense He should not detain the court
more than day and a half, and then the counsel
could be relieved from the PerpIexity and tedious
ness Of the case.
District Attorney Wells said that II there was
any good and reasonable ground for the postpon-
ing Of the case they desired to know it. otherwise
they should object to prOlonging the hearing.
Col. Cook said that by Friday he would be pre-
pared to conclude his defense and finish.
Judge Mills made an explanation, in which he
said he desired to take the responsibility belong
ing to the station he occupied No subpoena was
made In the hearing Of the Court on Tuesday for
the presence Of Halleck and Gilman. Yesterday
he learned that they had bsen subpPnaed, and he
then inquired of the marshal of the court the
Standing OF the parties. He found that Gilman
had waived hearing and his case had gone to
the grand Jury, consequently he was beyond the
reach Of the court and IT had no power to compel
his appearance. Under such circumstances he
countermanded the issuing o: the subpoena.
Col. Cook conceded in the course pursued by
his Honor, but reiterated that ft would force him
TO get out a writ OF hGbeds corpus for Gilman.
After a tilt between the counsel as to profess
sional etiquette the case was postponed until 2
O'Clock to morrow.
a Full Line
Of Norfolk and New Brunswick American Ho-