National Republican. (Washington City (D.C.)) 1872-1888, 1875-09-18

enough for me 10 do so. The court cannot act
We'll, alter the statement of Mr.. Evans that he
was not the party, why, oil course, did not ieei
Mr. HenkIe. You thought you had made mis-
takef A. Yes and was not coins 70 come s. mere
and make an affidavit to this man being Green
him said IT was not the man; and could hold no
man without papers.
not Information have been made out against him
| here that could have held himf A. do not
there might have been, but the recent develop
ments were not then known 70 me.
@ suppose you mad mentioned tne i ,s tns'
| ton have been made that would have held him
here legally and STRICTLY A. Well l DO not
know what Mr.. Perry-what would have been his
action in the matter. He did not say himself. l
oio not suppose
| HE COULD HAVE MADE OATH.
Q. WHY did you not when you went over to
identity, and secured him, and broug ht him here,
send for Mr.. Perry, party who had suggested
to you TO 90 over to Baltimore, as we'll as for Mr..
There was only one train going to Baltimore that
| night. You know II was in the evening when we
arrived here, and there was only one train, and
| had barely opportunity to see Mr.. Evans. / did
not have time to see Mr.. Perry, though 1 re-
GREETED the next morning that l had not done
Q. Did Mr.. Green insist on going back that
| night? A. Certainly. That was the agreement
when he left Baltimore, that he should return
By Col. Berret: Q. Unless further identined.H
| A. Yes, sir.
BY Mr. Cook: @. Then you base yorr action in
releasing him upon the fact there was only one
train to return in, and that he was here not
voluntary action on HIS psrtP A. Yes, sir.
Q. Did you in any form gather, during the
whole of the transaction, from Mr.. UlsrvOe that
there was any intimacy, acquaintance, or rsls-
tionship Of any kind existing between Claryoe
and Green, or any friend of Green's or ClaryOe'sF
| A. Oh no; that is absurd in my opinion, If you
will allow me to express 1t in that way.
O. Certainly; put it in any form you please. 1
| put the question.
Mr.. BERREr's QUESTIONS.
| BY Col. Berret: Q. / wish to ask question.
You took that bond for IS OoO2 A. Yes, Sir.
Q. Is 1t a daily occurrence that a bond for
that is not a daily occurrence.
| @. Isn't it a very unusual occurrenceP A. 1t
| occurs, should judge, in our court-I do not
know ; 1 was going to say once month"; do not
| know how often
| Q. Isn't 1t the theory of q court in taking a
bond for q man charged with the high crime of
j grand larceny to be certain that the parties be-
coming bondsmen will be responsible in the event
ofthe failure Of the accused to APPEAR A. Oh,
q. when you took this bond, were you satisfied
Td Ed de- PA a: Why, certsnIy '' 'n'f' was
| Q. What pains did you take to inform yourself
ofthat? A. took his oath as regards his idsn-
| tity, and as regards his competency. We never
| have been so strict in the taking Of bail where
| the party is to appear Immediately before our
court, as We are where We hold the parties finally
| O. Is it customary to take such bonds and al
own SM idensityf A. That Question: rspms@bsr
has never been raised. Yes, certainly, It is the
custom.
Q. You allow q man to come forward and give
bond for person and identify hmselfP A. That
question has never been raised before since have
been connected with the court.
Q. Isn't it the practice of the counsel of the
accused to present his bondsmen, and say that
bendtmen IN this caseP A. Sometimes they do.
and sometimes they DO not.
q. Did you know Mr.. Evans as the counsel of |
Snuha L Ena fhuf In al
in the case |
q. Did you ask him II that was Mr.. Edes? A. |
dio not because bad no shade Of suspicion that
the man was swearing falsely as TO his Identified
ton.
9. How long have you lived in this cityr A. For
q little more than two years.
Q. The name of Edes is not familiar to you In
financial senseH A. oh, no; but have found It
marshal saw the man who presented Edes, but he
had not seen him for long time, and he said he
Q. who was tine marshall A. MI Ecklotf, who
q. Was he present. A. oh, yes, SIR: he saw the
man, but he was at work, think, at his books. D
think he was, and he only took cursory view Of
e By MT. HenkIe: @. What did he saw Did he
speak at the time? A. do not know whether he
spoke at the time, but / asked him about the
financial
CONDITION OF Mr.. KDEs.
By Mr.. Cook: q. How did you say it2 A de
Tot remember exactly my phraseology.
g: DID you sneak neal, i0 MOI A; on, yes, sir; l
he was all right financially, and he said he was.
Q. The man was then present? A. Yes. sir; 1
think he was. At any rate he was in the hall, If
be had not gone out OF the building.
q. Was that alter you took the bond you asked
thai? A. do not recall whether It was after or
before. took the bond after made the inquiry
of the marshal.
Q. Gan you turn to the record in the case of
EdesP
Nichols said: 1t has occurred to me that this wit
Ight 10 be informed, If my understanding Of
the matter is correct-it may not be-thaS he is
not required to answer questions with respect to
the practice, right or wrong, Of the Police Court
II am not mistaken In regard to the matter,
think that The witness should have the benefit Of
that information and exercise the privilege of
swering or not, as he pleases; because the Police
Court is not under investigation by US, and be-
lieve we have never tried to Investigate 1t. At
any rate 1t is not under investigation in this con-
neciion
Witness. So far as am personally concerned
have no objection to stating everything know
connected with the Police Court.
Mr.. Nichols. If 1t can throw any light upon
the charge against Chief Detective ClarvOe, OF
course we entitled to II, and the witness must
give 1t under his oath but IL seems TO me he has
answered already in regard to matters which are |
not calculated 10 throw any light upon the sub
lect before US.
Mr.. Cook. I suggested in the outset, as you
observed that the questions should be confined to
the charge as made but understood that the
commissioners gave Mr. Perry range OF latitude
Mr.. Nichols. The range understood we gave
Mr.. Perry was that he should give his testimony
in a narrative iorm but that il resumptiveIy at
lesst. related to the charges and specifications,
and 1t seems to me that it is very proper in an
INVESTIGATION OF THIS SORT.
Mr.. Cook. You will observe that this witness |
requested or inquired whether he could have the |
same privilege that Mr. Perry had. |
Colonel Berret. He invited 1t.
Mr.. Nichols. 1t is not his giving his testimony |
in narrative form, but think questions are being
asked him that he is hardly called upon to answer
under his oath. He has taken an oath to tell the
truth, the whole truth and nothing but the truth
in relation to the charges and specifications in |
this case, and while have no personal objection |
whatever to this examination going on In the way /
1t has been, yet feel, a matter OF Justice that
the witness ought to know that he need not an
swer certain question unless he chooses.
Mr.. Cook. concur with you fully, but it was
his OVID request, you remember.
Mr.. Henkle. l want TO say on behalf of Mr..
the suggestion made in the beginning, that the |
inquiries should be confined to the subject matter
seemed to think they would take Mr. Perry's /
narrative, which embraced hearsay conversation
or Information, and we have nothing to con ceaL |
1 am entirely willing, SO far as Mr. OIaryoe is
concerned, that the investigation should take Just
whatever direction and just such an extent as the
commissioners desired. The most of what is de- |
lvered as testimony has nothing whatever to do |
with the questions before the commissioners, as |
understand ii.
witness. As far as 1 am concerned have
nothing
TO CONCEAL OR REVEAL,
whether on my oath or off oft
Mr.. Nichols The witness need not disclose all
the acts Of tie Police Court unless he chooses, as
conceive.
Colonel Berret. / think 1t is a very important
fact that no one would be more swift to make /
known than the head Of that court himself the |
manner in which bonds are taken for criminals, as
stated by the clerk Of the court. 1t looks to me |
If II was fair subject Of inquiry In connection
with the case OF Captain Clsrvoe who has been |
with this clerk In connection with the man who |
perscnated Edes asked the question myself in /
perfect good faith, because am satisfied that /
what Captain Clarvoe desired, and what this |
board desires, and what tho public expects, /
is that the fullest, freest and most extended /
examination into all the facts connected with the
transaction that has brought dscredit upon our /
city here in the robbery Of Mr.. Perry store and
the escape Of the man who VIGOROUSLY committed /
that outrage. We are sitting here, as under |
stand it. TO try TO elicit facts which will result
in bringing these men to trial and to punish /
ment IL they are found guilty.
Mr.. Nichols. My views and sentiment accord |
precisely with those of Col. Berret but It seems
to me that We are taking q liberty, and really |
occupying great deal Of time In doing it. in In
curing into the manner Of doing business in the
Police Court, unless It has something to do with
the charge and specification in this case. As 1
have already said, have neither personal nor
official objections to the answers this gentleman
has gwen, or to any that he may give, only
thought 1t was fair for him to know that he need
not disclose the practice Of the court unless he
chose to; unless such practice has some bearing
upon this charge.