Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-04-08
TIE CHARLES A. DANA SUBPOENA.
THE WIZARD LETTER CASE.
True History Of the Affair.


publish the true history OF the case. giving
;he facts at length. One OF the miss tate.
men:s referred TO found its way into me
New York Times Of the 9Th instant, AID con-
;aInS Eo less than thirteen mistakes IL. about
twice that number OF lines. The Taps spe-
cial is as follows:
WASHINGTON, April 5-Se-,e curious
facts have been developed toucktng the issue
OF subpoena commanding Charles A. Dana
Of New York, To appear heforc the District
Court here as a witness in tie " iari- ST. yCier
larceny case. III appears that the grand Jury
investigated that case, ART mar,et the b;iI
jenoIamus sisnifying we ignore it, on
March q. Nothing was said at that tim,
about requiring the presence of Mr.. Dana as
2 witness, and no request was made for Dana
by the prosecutor. Tie subpoena was mailed
10 nT. Dana from Washington Tie night OF
the Z4tn, ard after the case had been dis
missed, without the knOwIe5Gs OF the grand
Jury, tn" prosecutor or clerk of ttla court, the
subpoena was issued by the II >trict q tor
ney. Judge Fisher. Such pau"TS are gen
orally signed in blank for general cenvc-
nlencc and expedition Of business. AMI are
in charge OF the court officers. The subpoena
issued 10 Mr.. Dana also Jailed ~ state the
particular cause IN which his ,-tir-0nY was
required. IL the facts are - represented.
there would seem tO be iOunG ,tiGn for the
suspicion entertained by Mr.. Dana thai he
Is wanted for other reasons diam that as
signed by the summons to tcs y before the
grand jury
Why DANA WAS wsETFD.
II will he Remembered that some f7w
months since one F. n Snyder was arresf..'i
on the charge o. the larceny q y letter from
Norman W lard written by On. SChCncI1
which letter. Il Is alleged. was missed from
Air. WARDS TesiGer &c IN this city after shy
der had been guest in his nOTse .Or several
months. u was cbargs mat Cnyder hal
shown the letter tO part ia New York ami
part a; the contents ha.gT mate known ta
Charles A. Dana. Of u. Sew York SSs he
H. THE case was heard i'm the Police Court
and Snyder was held to bail fOr me action OF
the grand Jrry.
mR. DANA sUWN0NFp.
~ The present term of the court the case
was brought 10 the attention Of the gran!
jury diId Mr.. wizard furnished the names OF
witnesses 10 SubStantiate TINS charge. a also
q charge against SNYDER. Henri l.. Stuart
and Harry y. HAYS, Of New York. OF CON
spring 20 de!simC The CpOi name of Norman
wizard. and To destroy his business. These
wiz eSses were summoned, Iuciuding M.
Dana. who was required to appear on March
18Th. liT. Dana, insfea! of responding IN
person To the summons, served ulCn hjn by
Marshal Fi>E ol New IorK on Narch z5inl
tcitCrap!e'i for information on The XGih a.
.DliOwS:
TElF GRAN rRoN DANA
NLw YCRK. March 81. i~7J.
T. H'l'- u. i. Cog.,'': have receives! y
subpoena 10 appear as a witness for tn
rl'ec states. n your criminal court. = 10
genuine $50 YOU hold that you can compel
INV attendance under SUcn subpoena by any
process! Please telegraph answer. paid here
CHARLES y. DANA.
DISTRICT ATTORNEY FISHERS AN WER.
TIE above telegram having been submitted
ny Judge Cartier 10 Judge Fisher. the T. :
Attorney. for ms opinion, the following COM
nUUIcdtiDu w1S rendered
WAsHINGIJN. March -. 1>-T.
VI, P'Ts .i'sgig.- In the telegram from Ctl3-
\ lana Ia y1u Of this date. wi.ic,, yaH have
p erred 20 me fol- my report thereon, LyyD i..-
guiTieS are made o: Won. viz.
Is. Is the subpoena iSSlcd for Cnnrle- \
para 10 appear here ana testify befJ-. thu
grant Jury, i'm the ease Of the Unite States
Ic'raF
al. 10 vou hold that YOU can conlrcl nv
ltara> attendance under such Subpoena b.
any process?
1St To the first inquiry ! answer tat
ordered the issuing OF the subpoena. as ! die!
for other witnesses in tie same case resi- fI,,,4
ia New York and in Connecticut. because I
was informed by MT NJrman Wizard. that He
and they were material wItnesSFs To max,
out tIte accusation preferred by him iWiar.;j
against Snyder ana others. Just a / write,
tins Mr. lard has called to See NE 10 know
II the witnesses nave been Summored and
learn from bin that he Hsasi 10 motive for
Su:nmoniEg Mr.. Dana, other than in cool
lalih To USE him a. ~ witness Iva tie above on
titled ease. and l am sure have hal none
ether.
81. Tie Supreme Court of the DiStyic. If
Columbia mas the power to compel the at
tendance 90 witness residing out Of the
District. That power i given by section So
OF ne Revised Statutes OF the United States.
rage 10 which is a Teenactment OF the act OF
March al, 1883, chap. p, sec. t. The above
section N-U reads thus: .Subppnas for WI
ucSse> VINO are required 10 attend court o.
The nifed States. in any district. may run
INTO any other district. iTCcje'si That in
",'d eases. the witnesses living out Of the
district which the court is held, do not Hive
al a greater distance than one hundred miles
from tie place Of holding the same
In the case OF NOss vs. Luke Isl Cranch's
tlTcUii Court Reports, page 331, District Of
Columbia cases. that court decided that il
H,d power 10 send an attachment into Viz
@iiiid for a witness in q err cause who re-
sides within one hundred miles OF the pIarp
T6CiCd 10, and served and returned by the
MARSHAL OF Virginia; same principle ar
Ermed il Wood = BcrinS ". Young & Co,
10. .ih. ana IN PARKS, administrator, W.
W ills. To- ,J.; - III SOmerville vs.. French.
ID is4 ami in ito, son ". EuttS. III. ~. and
IN Neliori ". Miller. 10. 4oj. By parity of
reasoning an attachment may issue in crsat.
ma cases 10 Witnesses wherever resident
IHe correctness OF this principle has never
been Questioned. ana i has been practised
Tho ease Of NJ. Dana IS like that Of any
other person summoned "a a witness. and /
an see 10 reason why he should desire To
make IL an exceptional one, or why he should
tele-Taph you. or why h should not Obey the
VIII without stopping to make Inquiries
II were chief justice I should simply an
>w"r him, b. saying Obey the subpo,na, or
y uU VIII be made 10 DO so by attachment"
and u you should refer your telegram to me
TOY answer. that il the exact answer should
give. very Truly. yours.
Gro. +. FISHER, I. (. Atty d. c.
It.fs- u. h CfUTiCr. CtiCJ Js'Sice.
DIR. DASs's DISPATCH ANSWERED
la COZ. OIE4ItN with the above opinion
jJdst Cartier forwarded 20 Mr.. Dana The iOl-
lowing dispatch
WASHINGTON. March 20. f>IJ
~ fJ"Tf"S i Dana. ttjg, -Ns4C York San
1 zee subj Dru@ was issued in good faith. with
lUt sinister motives. This court has power
% compel attendance OF non resident VIII
Dc H>e~ by g. press statute and by judicial de-
iNIDn. See Revised Statutes. page Ie5. sec
-iCi. .'' -. X. CARTIER.
~JB-EGC TENT PROCEEDINGS.
81 attachment followed and was Serye.l
tid Nj l. sued out 4 VIII OF h,Jt,'s cJ.psi, in
N'N 'rk. and proceedings Under IL are vet
lending m New York city.
'nr or two OF the witnesses from a distance
we're brOI Cht here under attachment. brlr
ailed TO arrive until after the grand jury .
'1d dismissed the case of larceny against
Snyder. and also the conspiracy case against
snyder. stuart and HAYS on the Isl day OF
ApTil. fully e week after the Summons hat
been y'fF<d on Mr.. Dana. The latter ease will +
. T'opened when the grand jury reaSSeul- /
pies and Il number of additional witnesses /
VIII give their testimony in the case. hav-
NJ arrived in the city for that purpose. /
mere was no ignoring of bin as alleged I,
tbpNe- a Dill in neither ease having been DTp- |
JARED, and notwIt outstanding the fact thqt /
''lte parties here were armed with a WA
AM nom the Police Court for the arrest II