The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-04-01
DoDelNG the PEnITENTIARY,

DoDelN6 the PENlTENTIARY,
By Pleading Of the Technica|ities
That is king Bills Business.
WASHINGTON SPECIAL March 29) Chicago |
Times.]
The case of Bill King came up before
Judge Macarthur, of the Criminal Court.
this morning. Kings counsel, Ben But
tier and the safe burglar, Richard Har-
rington, were promptly on hand, and Sc
cured one of the points which they have
set up for the defense of King. This
point was that the government, in its
prosecution of King, had no right to sub
NIT to the grand jury the book of evil
dence taken before the ways and means
committee in the Pacific Mail investiga
ton. Any evidence to be brought before
the Jury must be brought there after the
manner of testimony taken in ordinary
cases. This is regarded as victory for
King, and seems to point to the fact Of
general conspiracy, upon the part Of the
administration people here, to save King
from being indicted.
THE ACTION OF THE COURT
to-day, in allowing argument to be made
as to what testimony should go before the
grand jury, is regarded as very irregular,
and 60 ID lawyers say that it will form
good basis for the impeachment of Nc
Arthur. In the first place, the lawyers
+ say that the court has no right to say
what is or what is not testimony to go be-
fore the grand jury. The grand jury is
the supreme power. and can find an in
dictment upon whatever testimony they
f see fit. The lawyers also say that there
z is no doubt but the book of testimony
could have been gotten before the grand
Jury in this fashion. The stenegrapher
of Congress could have been summoned,
I and upon his swearing that the testl-
e mony of Schumacher and Irwin,
n as taken before the ways and
. means committee, was reported vebatim
+ by him in the book, that it would be then
: before them in the shape Of testin ony
: upon which to base an indictment for per
Il Jury against King. The case first came
t. up in the court, upon the reading Of the
D resolution of the house of representative
: instructing the District Attorney to lay
before the grand jury the testimony takei
g before the ways and means committee, re
l. ferriny to the case of w. S. King, in or
D. der that an action of perjury might b.
v brought against him. Butler, with NOR
=. than usual sscockeyed'' impudence. begal
:. at once to bully the court by telling !
a. what testimony should be allowed to g
- before the grand jury.
5. washington Special March 29) Chicago Trj
Butler made the point that the evl
dcnce in the Pacific Mail investigate
70 was not proper evidence to be prcsente
to the Grand Jury; that it consiste
only of unverified affdavits. Judge MI
Arthur was of Gen. Buffers opinion, an
ruled that the Pacific Mail evidence wa
ELL not testimony in legal sense, and that
10. would be incompetent to lay it before tt
= Grand Jury. The inquirytwhether tn
&c legal point ought not to have been disco
IN cred by the committee of ways and NEAR
he seems very pertinent. The answer
Ter far from satisfactory. On thu
committee the following gentleme
;. were LAWYERS, and some Of them clai
-, distinction in the law; Dawes, kelle
no Burchard, Kasson, Sheldon. Beck, al
he Niblack. All of the committee exec
1t four were lawyers, yet this legal props
The ton seems to have been so simple tn
tho but few moments we're necessary to d
eide it. The investigation became ha
hearted last winter from the time that
ia appeared that large sums Of money we
In traced to the very doors OF Congre
in This judicial decision strengthens the VIZ
nee Of those who believed that the lnves
eating Committee were not inclined
discover the truth.
'ra There is little doubt that Ben But
for represents much stronger influences tn
sat Bill King in his efforts to prevent
|. latter from having the opportunity
prove his innocence which he has so 10
desired. The nameless unknown grt
OF people who have been suspected Sc
likely to be protected to the end.
!. other persons than Irwin and Bill n
can know the story, and may soon tell. /
;. certain that the new Pacific Mail mana
ment has ordered the suit against
''eo King to be discontinued.
The leading lawyers Of the local
who have reviewed the action of b
5. Butler AMI Of the Court in the Bill h
Tour case pronounce it
any A SUICIDAL OUTRAGE.
It appears that, Notwithstanding Butl'
legal bubbles, there Was very sim
- way to bring the Pacific Nail evide
to the attention of the or
VINO Jury. Mr.. Beck, Of the "
can and means committee. is still here, Ia,
per been detained by his broken arm.
aost official stenographer who took all the
the timony and official notes is here
-. published book could have been veri
as evidence by these two witnesse
there had been any desire to secure
Indictment or prosecute the case
they United States District Attorney, lis