Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-03-29
THE CASE OF WILLIAM. =. KING.
Pacific Mail iH the Criminal Court.
Int resting Proceedings To-Day.


MacA rthur, Gen. b. r. Butler and Richard
Harrington, counsel for Representative elect
William s. King, called attention to the
resolution OF the House OF Represent atives
assed at the last session and transmitted
10 the District-AttOrney, together with a
copy OF the testimony taken before the Com
mittec on Ways and Means in the Pacific
Mail Investigation. This resolution in
structed the DistTict-A ttOrney To law before
the grand jury such portions OF said testI-
noly as relates To the truth of the sta
merts made by VIM. 5. King and John q.
Schumacher.
GENERAL BUTLER STATED
that IL was not proper or lawful that any
laid before grand jury which was not co 1n-
petent; nor relevant t. tie laid before n petit
jury. He cited several authorities AMI
asked The court to instruct the granl Jury as
To what evidence they should take cogni-
zance OF. He said that what was proposed
To send 10 the grand jury was "A mass or UNI
verified afhdavitS. and cited from the trial OF
Aaron Burr that afli lavits should not he
taken when the personal attendance of q
witness could he procured. Gen. Butler said
this book could Lot ne sent TO the grand jury
as evidence.
Judge Fisher said the government a /
United the correctness of this view.
Judge Macarthur said the court could not
dec de Tie application unless he knew what
the book or document was.
Gen. Butler-There are only go pages u
be read before IL can he decided.
~ r ri
that he understood the motion to be tina; the
District Attorney could not lay the matter
before the grand jury without the order Of
PROVING Uf court to make an order sending
the book To the grand jury; and that in ODE
dience to the resolution of the House of X rp-
rescntatives he cOul send the book there.
HE referred To the oath taken by the grand
Jury, and said the affidavit could go before
them. He did not Propose 10 throw the book
INTO the grand jury room, for they could not
q m # ON
deEce. IL would be for the purpose OF en-
tightening Them as Ia the nature of the
charge. lie would call their attention To
what Mr.. KnE had testified 10 and then To-
what MI. Shumaker and Mr.. COe had te.ti-
fled to- They propose to show that Mr.. King
had sworn that he had never received any
money on account OF the Pacific Mail sub
sidy and TO offer evidence To show that IL
was false. He submitted that the ease Of
Aaron Burr was moi the same as this. In
that case the question was whether certain
Indictment, and in this the question is a pre-
liminary one To determine whether they shall
prosecute the inquiry.
THE STATUTE OF LIMITATIONS.
Mr.. Harrington for King said there was
another point in the case-the statute OF linn
ltatons Heread from section Oh, Revised
Statutes which provides that no p .rson snail
be- prosecuted, til or punished two years
af,e r. dc. The two year hal expired on the
18th of February last
Judge MacA rtIur a sked IL something was
not said about being
A FUGITIVE FROM JUSTICE.
Mr.. Harrington replied that the law pro-
Vlded for this Limitation unless the party
was a fugitive from Justice, but il was not
pretended that Mr.. King had been a fagitve.
He had been postmaster of the House with
his residence at Minnea polls, to which place
he returned on the adjournment OF the House
They claimed that il was the dirty of the
court TO say TO the grand jury that they could
not examine this case as To send a witness to
grand jury was prosecution. Mr.. III.
tl>a lAf rlts fa hi ind
dence To be sent To the grand jury, and urged
that this book was not the kind of evidence
to be sent TO that body. Mr. Dawes speech
might a well be sent 10 them.
Gen. BUTTERFLIES; il would he much bet
tef
Judge Fisher read from 1st Brightly, page
2222. ana lid that this was not the stage of
the case in which the question of limitations
came iii. il could be made in plea in bar. Il
was well known that King was n fugitive
from justice, subpoena having been pia"n
in the Sergeant-at-Arms' hands, which Ii
(king) had evadcd the service OF.
AN INDICTMENT FOR PERJURY WANTED.
He tthe District Attorney askel TO move
for an express orler TO exhibit bill of in
dictment against w. ;. King for 1.-The crime
Of perjury in swearing falsely; THAT said
W. s. King had never directly or Indirectly
received any sum OF money for advocating
the passage of a bill" &c; and to send up n
bill charging j =. Shumaker with a similar
offence.
GEN. BUTLER on THE LATE HOUSE.
General Butler S1li mat "A great deal nal
been said about Obeying the orders of the
House of Representatives. That boiy was
dead. and il ight be said of il that "a live
jackass il better than dead lion That
body was nOI like the Senate--it had no eX
istence now. They were like every other
mob of two hundred. ''and more, gentlemen,
they had no judicial powers, although of late
years il bad amounted 10 about as much as
small Police Court" This report which il
is proposed 20 send To the grand jury was
made ON the last day OF the session and never
fugitive from Justice. He had evaded the
prcce s. because he did not wish % give evil
dence which could be used in a case against
him by the Pacific Mail Co TO deprive him of
his property. The grand jury were to inquire,
&c, on legal eVidence-not otherwise. To
sending up witnesses they had no objection,
but they might a. well send the Tribune CT
New York S'Tt 10 the grand jury az this book
10 inform them. General Butler submitted
that there was no prOvisO now as To fleeing
nom justice according TO the revised statutes.
Judge Fisher said that the offence
committed before the revised statutes We're
adopted.
Gen. ButIcr-And the law under which
they proposed TO prosecute had been re-
pcaled He had some dif'ileEcc in referrin"
To- the fact that a bill hurried through the
House mot high authority but the best We
had,) ia order To save Inc limitations All
the prosecutor himself drew up this bill
lie thought he wa- right. As Tor fleeing
from justice. King did not do So-neeing
from tht service of a subpoena was not flee
tice. He would not object To com pntent wit
n,SSe> going before the grand jury. Mr. King
could ne found at any time uow-he hat no
desire 10 flee except from a court of iniuS-
ticc Having suffered outside of a court of
Justice he hor,,, that he would not pc made
10 suffer IL q court of itlsiic,. Tor an accii,a
ton based only on hearSay rumOr and
slandcr. II he i 20 suffer here let il BE- on
the testimony of competent witnesses.
JUDGE MACARTHUR SAID
thai without the application made by the
District Attorney he very much queStic,ed
the power of the court to interfere. TIRE ia
no DELEGATION of judicial power by the CON,
stitution 10 either house of Co, ,sraSS o xcent
in the matter OF contempt o. Imneachmeat.
When either house ate. ANTS To make com
plant they should Org have the SAM re-
spect as is given ~ individuals of respecta-
biiity. IL strLck him that the House of Rep
resentatlEcs had no power and never could
have such power; neither house is authorized
TO prosecute. There is no such thing as an
infOrmer before the grand jury. The appli-
cation of the District Attorney was irregu-
lar. Tor this book was not testimony, and it
would lie incompetent to lay il before the
grand jury. AS to the statute of limitations,
which had been discussed, this could not be
discussed at the present point; that pOin
could be made by plea in bar.
The case will now go to the jury in the
usual manner.
ID 10 10 Loo