National Republican., 1875-09-11

The examination Of Theodore W. Brown, 60
cused Of being implicated In the robbery Of al,
os7e6 from the cssh-room Of the United States
Treasury in June last, was continued.
Col. Cook said that he had filed motions and
pleas during the examination on which no action
had yet been taken, and would now nle another.
he trusted all Of them would be considered ere
lhe case was disposed Of
PLEA OF JURISDICTION.
In the Police Court OF the District Of Columbia
United States ys. Theodore W. Broun-In-
The defendant, Theodore W. Brown, In his
own proper person, comes into court and nles
further plea, saith: That the United States
ing that be is not guilty Of the crime charged
against him; nevertheless the said defendant
ing said court, is without any authority or power
TO dc SO in this; that BY the Constitution Of the
United States section 2, IL is provided that all
upon nomination by the President and coufirms-
uon of the Senate, unless Congress shall invest
the appointment Of inferior officers in the courts
Of law on heads Of Departments: and that by the
act Of Congress Of February 27, 1861, It Is pro-
yided that there shall be appointed such num-
Columbia as the President Of the United States
shall from time TO time think expedIent
for period OF hve years; and by the act Of May
IL, lS48, the justices within the county OF Wash
ingtop, in said District, shall be appointed for
three years, and that appointment Of justice OF
the peace could be constitutIonally and legally
made in said District otherwise than as provided
in the articles Of the Constitution herein referred
to, and according to said law and that said Mills
has not bean appointed q justice OF the peace
agreeably to the Constitution and the SAID law
and is without any constitutional or legal ap-
pointment and authority to act as justice Of the
peace in said District, and could not be appointed
as justice to hold the Police Court in the sb-
sence, disability or sickness Of William B. Smell,
this the said Theodore W. Brown is ready to
verify; wherefore he prays judgment whether he
should be called on in any manner to answer the
crime charged against him.
THE TESTIMONY.
d. Rittenhouse sworn: Is receiving teller at
Riggs & Co.'s bank; has occupied that position
since July last (PTesented 0ttman's bank ac-
count Witness me- 3 said that hat on ~ July ls 0ttmsn
latter was q draft Of the Commercial National
Bank of Saratoga, N. Y, on the First National
July p, check Of BOyee { 90, indorssd BY Vol.
lette, O, 500; July 19, Mechanics National Bank
Of New York, from Worcester. Msss., ESQ; OFT
mans account began in the bank July IL, 1875;
drew July 20, a, 900, and August Q, $4,000.
Cross-examIned: Did not know the character of
the money deposited for the drafts. :.
MoreI Msreau sworn: Is assistant manager of
the Western Union Telegraph Company in this
city; had been with the company thirteen years.
(Witness here entered q written protest against
furnishing the kilograms, which was oyerruled.)
THE TRLEeRAMs.
The address Of the first telegram was to T. W,
Brown, Grand Union hotel, Saratoga Springs
dated July II; 1875, and said: "OOms On;"
The second e dated Saratoga, July 10, and
city and the original at the Saratoga office. II
was received in printing Instrument
The third was dated July q, sent from here to
the races coming oG !" signed, W. Il o.tnan. M A''
The fourth dispatch was received from Boston
July 2ad, and signed B. W. T. It was . skeleton
The nth, July "a, to T. W. Brown, at ssrators.
read l am waiting for the full returns to come
The sixth, dated July a, from Saratoga, BY T.
W. Brown to Ottman, read: Your busiuess can
be attended 70 with the greatest dispatch. Send
One dated July II, from Saratoga and T. W.
Brown: meet me at BaTnuu's Monday morn
July rs, from SaI stoga to Ottman: "when
and whore can You meet me; can't explain by
writing p signed, 7. w. Brown.
to leave here for New York next tuesday night,
ald wanted all my business fixed before Ileft."
DETroTIvE GEORGE x'ELTREsH
recalled: Saw Brown shortly after he was ar.
rested. Searched him at police headquarters,
August 8, and took from him o., ,056.
Cross-exsmined: One note was q $500 bill.
Turned the money over to the clerk at police
headquarters. Gould not swear to the money If
Detective John L. Sargent sworn: Knew Brown
for the past six or seven years. Saw him when
brought to police headquarters. Had eOnyer-
ness said II was bad position for Brown to be in,
and why did he not come out and clear himself
Because these parties were In trouble It was no
reason why he should not come out and get the
strength of It. Brown replied that Ottmau had
been friend to him in time Of need, and that he
would go to prison before he would squssi.
Cross-examined: He said nothing more than
that remark.
The prosecution here closed its case.
Col. Cook said that he could not proceed for the
present until the pleas flied were ans wered and
the papers that he had requested Of the prosecu-
tion produced.
District Attorney Wells said that they would
be prepared to file an answer to- day, and the
court adjourned, fixing the continuance Of the
hearing Tor 2 o'clock this afternoon