Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-08-21
LOCAL NEWS.
IHE TREASURY ROBnEuy.
The case OF s'Peg-Leg. brown I'm M
Police Court.
The Hearing Postponed until the
3Oth Instant.

animation some ten DAYS ssn I'm mis- co.rt
but subsequently, withdrew his waiver.
! Mr.. Jeremiah Wilson and Judge Fisher An
peared for The government, and wm.
| Cook for defendant. ~
Judge Fisher called attention 70 the I'm
CoTtance Of this case, ana stated that fudge
/ Wilson had been appo n ed by the Severn
/ ment 90 prosecute these cases. IL had been
hard az work IN getting together RS evil
/ dence, and he hal no doubt bat the evidence
would be ample To convict AL the parties,
| Brown ircluded.
THK GovERsMKNT WAS NOT YET READY
/ 10 have the case heard, the case was a com
| plicaied one, and they desired more lime -
prepare for a hearing. and aSkai thar a most
ponement be ort"rtt ten days hence.
4 Mr.. Cook said 10 was An eNfraoritnarV aud
startling reQutSt-ouc which the constitl
ton scorrs. The arrest was made on the SIN
/ OF THIS month; tie commitment took place
/ on ne llth Instant A delay took place Ia
/ onier a. accOfnmojate The counsel. untfl this
/ Tine Wien party Is arrested ioI "A crime,
/ there exists. or j. supposed "a exist, sufficient
| with stealing ~ .GO0. Crime should be ar
reSied and criminals brought 20 Justice. IL
! IS ~ just - hold any prisoner an unreaSon-
abie Time - mint the uni verse over 20 accu-
| mulaie evidence TO convict Counsel aSk
! that an opportunity be afortei them % 20
out
OK AN EXPLORING rNrFnIrrox
! 10 hunl up AMI accumulate evidence. Tho
books q law might be searched I'm vain FOR
/ such precedent lie cited Mhartoa's Grim
! inal law. showing that al possible q spafrh
/ should he used by the prosecution Hal surh
4 dispatch been used ne Thought not. but
claimed that a reasonable time hal elaused
/ Three Gays - ihe usual time allowed. hut IN
1 tins case Vigh:ces days mas ELAPSED. during
/ which his client nad been IN jail. Tie citei
/ other authorities Ia support o. ms p,Sflfoa
| ard doiled counsel for The prosecution To con
! troveIt H. the defendant. too, has rights
and u through the reoklessness OF the Treas
| VT. uelaftleit nlitilOnS OF money II lost, 10
! is immaJcrial 80 Ear a. his client IS concern
4 Cd He claimed that bis client could not 90
! discharged, should there be n hearing. as the
] hen "A Erh n
1 Tie cOunse! cam maze a new inforna-
| ton, as hearing to-day does uot releaSs
him from the grasp OF the law. but No is his
! right He cCuld lot understand this pres.
| sure OF counsel This client so ar as fha
! law Is concerned sin here a. innocent as an
| angel until convicted. More than The OrIfn-
| airy time has elapsed, I'm the absence OF any
! affidavit, and GA simple eN Iarie stare
ment of counsel. ms client should not be re-
! committed.
NO WORDS To WASTE.
| Mr.. Wilson Saii he had no words 20 waste
! ~ ihis matter. No affidavit il required Ia
! This case. II had never been known that
| counsel Tor tie prosecution were required
! 10 file one IN the absence 81 the witness but
| that simple statement OF counsel Is an that
! - necessary. He answered the citations OF
| authorities offered by counsel for defense,
! and claimed That no absolute rule could tse
lald down, hut every case stands on its own
| merits. ~ woult b unreasonable % TX any
| rigid iule for al cases. and IA this case the
| time sked was NOT unreasonable. This l. a
case where -. .egl had been taken from the
! Treasury OF the United States. No clue has
| beoen found until quite recently. since he
! come into tie case, 1dge Fisher aud him
! sell mad worked vigilantly, and they have
! positive Knowledge that evidence can be
| produced within ten DAYS 20 fully convict
| this defendant, and il was not unreasonable
To ask for this delay.
| Mr.. COOK PROTESTS.
| Mr.. Cook said H. was a. ne expected, that
! prophesles would be made Of piles OF evi-
Gence 10 be produced, Professional state
| ments should not be substituted FOR law The
| law asserts that rights are not positively
ones sided. and are not all OF the part OF the
! United States. IL was the imperative duty
! of the magistrate 10 hear any charge of felC-
! ny, but Il allowed reasonable time 20 make
| his final decision. Defendant is held under
| suspicion OF having committed a felony, and
magistrate cannot prOlong the time, and
| should not do so beyond three days. This
| violation OF fundamental rights Is not 10 be
/ perpetrated on the mere professional state
! Inent of counsel that they NAV be able 10 DO
| this case mp brown; that they can possibly
md somfthiDg brown against this man
Brown. he claimed the right that al affi-
daYit should be filed showing nroba ole cause.
| mat some new and important evidence
could he produced; this had not been done,
and his client is held merely on vague sus-
| picion. Ifno such probable evidence exists
! him.
| REASONABLE TIME ONLY ASKED FOR.
Judge FISHER claimed but reasonable
| tine which, under all the circumstan and
the nature OF the case had not elapsed.
| Judge Mills said that he had UNDERSTOOD
from counsel for defence thai a hearing
/ would take place TODAY. Now the counsel
for the prosecution asked for a further con-
tinUaEce OF the case. He mad understood
| that II had been agreed that a hearing would
be had to-day.
Judge Fisher explained the difficulties
| counsel are laboring under i'm Siftiag this
| case and obtaining evidence, and tue idea of
| the arbitrary rule OF three days which hal
been stated as a reasonable time was pre-
pOSterOus and absurd. With the aid OF sfeam
this country can hardly be ira yerSed In three
weeks, and as representing the government
| honestly in this case. how can IL be expected
that witnesses can be brought here In three
days? IL was impossible 20 do H.
Mr.. COOK PLEDGES his PROFESSIONAL
| HONOR
| Mr.. Cook rehearsed the terms OF agreement
| between himself ana counsel for the prOsecu-
ton as to the hearing. and now ne was taken
by surprise In the motion for delay. II the
| counsel have Information that evidence can
| be brought, IL was their duty 10 file an aft
| davit setting forth what 10 is. IL was nor
| the keen-sighted officers Of the United state
| Treasury department VINO had developed ia j.
| robbery, but they are our own keen polic
| who are all present-and VINO are absen
| lie asserted on his professional hon z that
| there ~ no evidence against his client, and
counsel row Ask 10 go out on a fishing eKpg-
| ditiOn. Why are the counsel fearful ID have
| the evidence brought out 10 day wn en- JUS
| Tined The issuing of the warrant against his
| client? Where is Major Rlcharts and De
| tectives Miller, McDevitt ana ClaryDe? They
| are all here. and no doubt really - testify,
| and II appears 10 be q bind q Iiacity on the
| part of the United States in mailing this re-
| quest. He asked an immediate hearing, as
| lar as II can be done, at &C; or II not now,
| let II be fixed TOR next Monday or raeS1ay
/ at the most. He Woulr agree 70 that. and IN
| rot finished, then iet u De heard IRON day u
| cay.
| A POSrPONEIENF GRANTED.
| The court said ttr1 c lStit uftpn giv yes a
| every man arraig.led Tor a felony tha rignt
| Tor aSpeecy hearing; aud cases coming before
court Tor preliminary examination should
| be postponed a reasonable time TO prepare
| them. The time ? sked for does not seem un-
reasonable, and he saw no reason as vet that
~ should be heard sooner.
Mr.. COOK said ae preferred that. II n post
ponement must be made, that n % la.ssnnits
rather than tie time asked for.
q Inc court decided TO postpone, at the in
stance OF tie United States, until next Mon
cay week, The 31th inst. The prisoner waz
then renamed 10 the custody OF the officers.
The ALLEGED OUTRAGE ON "MRs. Col.
MERRITT"-Philip Ryan, the captain OF the
tug-boat Mike Norton, who was commfttef
by police justice on a charge OF aSsaulting
woman claiming 10 be the vile Of Col
Merritt, the facts OF which have been already
published, was brought before Judge rappan
In supreme court, chambers, yesterday. on a
writ OF habeas corpus. Tue prisoner was
brought before the court for the purpose Of n