Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-04
THE LEGALITY OF THE GRAND
JURY.
The Treasury Robbery. Perry Bur.
larry and SnNsier Release l'aSes.

larry and snyder Release Cases.
In the Criminal Court, Judge MacAr-
thur, this morning, the hearing was
array Of The grand Jury fied In the cases s
Of Evans, Leighton, Fisher and Green. iu-
dtcted in the Bogus Edes" case; Gilman,
berry case; and c. G. Fisher for aostractins
court papers The government was repre-
scented oy District Attorney Wells, Hon.
ser m fbn c M WILSON 30 n ssS Wells j
T. MerriCk, A. G.. Riddle. F. p Stanton, r.
h. Elliott and s. s. Henkle. Yesterday the
pleas fled, with the exception of those "a to
Messrs. Wise and Keys being over age were
disposed OF by the court sustaining the de-
murrers filed by the government.
THE PLEA THAT Mr.. WISE WAS OVER THE
JURY AGE,
fl: / in the case of Evans was called I'D this
fact.
District Attorney Wells said that Mr. ].
W. Scott was over c. and he Should he sorry
that so important question should be acted
on ny gentleman over the age of65.
Mr.. scott was excused and another callc1
n his place.
Some discussion followed as to whether the
jury should try one plea or the thr,e-ole
rlislpg the question as to WISE. n second
as To Key, aud a third the question as u
WlSP and Key together, and the Court de-
cidsd that they could try All their pleas to
2etEeT.
Tie Jury was sworn arI
MIR. EsBDLE OPENED THE AECUNENT,
explaining hat this VA not a trial Of G
ca e ON its merits. but a pref mir iry quet-
ton winch they were - ds eide They we've
70 decide whether the grand flry was legally
constituted. II t'ey decide IN a ~ wa not
then the Indictment. found wnuii be treat
nOUgEj. The defendants claimed that m
der the law no man COJld h. a grand Juror il
over 60 II may be crime t. grow old, bat
the l4W pre- cTlhes the age.
MIR Wilson, for the government. remarked
mat the objection was purely technical
one, and the party was thereby seeking 10
avoid trial under the indictment.
THE TESTIMONY.
Mr. J. Carroll Brent was first sworn. and
testified that he was born in this city. in 1914:
was not at the battle OF Bladensbur having
been told. Witness is corresponding secre-
tary Of The oldest Inhabitant5' association,
of which Mr. Wise is a member.
MIR. Wells objected to this testimony.
Mr.. Riddle said that this was preliminary.
Mr.. MeTrlck.-We cannot get the monthly
nurse.
Mr. Riddle-Nor the father. nor the mother.
Mr.. Riddle argued that the evidence was
admissible.
The Court said that Mr.. Wise was a COM
petent witness, and this evidence was only
ht 3Tsay- and could only be used in contra
diction of MIR. Wise.
Mr.. Riddle said that Mr.. Wise could testify
To bis sc only from hearSay.
The court ruled that the objection was wei
taken.
Mr. Merrick asked witness ,f Mr.. Wise did
not. when eI>eTing his name TO the roi', 40
pend, "BOrn III the year 1sO3.'
The government objected and was spC-
taiEed by the court.
Mr.. Merrick submitted the entry to re
court. SIS iOllows:-''W. ID. Wise, Wa;h,py-
ton. II. c.. June Sth lS09." and said he or ,
posed To show that this entry was in the
h1Udwritng Of Wise.
The court ruled out this evidence, and an
exception was taken.
Mr.. Brent resumed Witness did TO
Know WiSe's age of his own personal know
ledge; he'd seen record of Wise's ge male
by himself (Ruled out) knew his repufci
age, which was. OBJECTED to and sus-
tanned. and an exception was nOted.)
J. j. johnson testified that he is a member
OF The bar and an examiner in chancery.
Witness took the testimony i'm a certain case.
and Mr.. Wise testified To his age.
This testimony was offered and objected to-
and the objection was sustained.
WHAT MR. WISE KNOWS ABOUT HIS AGE.
w. -. wise was sworn, aud recognised his
missioner Johnson. He was asked several
questions as 10 this testimony. but they were
ruled out. He did not know how old he was
except by the teachings OF his mother and
and from those teachings lie would be IS
years Of age on the eth of June. He was born
in ISL or 1912.
Mr.. Merrick expressed his surprise at this
statement, after reading the testimony in
the Chancery case, and he read extracts from
this testimony that he was 90 years of age.
and was born in 1N0S, and asked if il was
true.
Mr.. Wise said that at that time he be-
iieved il 10 he true. Witness was shown the
entry of his name on the roll of Oldest In
haUitants, and recognized the signature and
the date OF birth, June, 1909. From his own
version ne believed it was true.
ON crOSs-eXaminatiOn Mr.. Wise being
asked how he fixed mis- age, male a lengthy
statement as to his early days. his Maria ge
after his father hal told him to go about his
ous'neSs) on July ed, 1926, to lady who
took him IN charge, which resulted in a
pro secCtiOn by his father against ParSon
Mccormick. OF Capitol Hill, for solemnizing
the marriage. Mr.. Wise was prOCce ling to
relate what passed between Mrs. Wheat
ard Mr. Mccormick as 10 his age
Mr.. Merrick objected 10 any hearSav evil
denCe, and after argument The court directed
Mr.. Wise TO state what his father and mother
had laid or his age.
Mr.. Wise resumed, and said that his
mother told Mr.. Mccormick that he was
then but little over Is years of age. Wit
ness declined to give the name of the lady
whom he married, Mrs. GrifIin,) bat the
record was sent for by Mr.. Merrick and rea 1.
Witness said that the quarrel, which re-
suited in his leaving his father, was Occa-
stoned in part by his intimacy with Mrs.
Griffin. Witness supposed when young
man that he was older than he really was,
as she had whiskers when IA years old, and
could drink and swear. RecOllects the red
coats (Britisb) being here, but did not re-
member the fires; nan told MIN not To be
afraid for he (witness) had on red petticoat
and the British wouldn't hurt him.
Recess.