, 1876-07-04

Helm M hss kept his part Of Tho ssrsement -.
s II: as s.t s u III s t. t. b. h.
trneh, and ws believe tlla, its
The position Of Mr.. Aver, from The publahcd
account Of his rrmarks before tho District
same is tlsat Of tho District Attorney and the
rest Of bis Associates. From Ill thcfe various
accounts taken from the published ttAten,ents
Of The Government counsel mnde to tho District
Ing The Court not to tnalct upon the defendant,
81 faF % imprisonment Is concerned, anything
more than nominal punishment This posi-.
t!on is nssumcd by them, not because they be-
Is believed l,y them Tint biz guilt Is sIight as
COMPARED to{ tile guilt Of h!s co-consp!rators,
some 81 whom arc already under sentence from
The same Court for longer term Of t1nprison::
to be inflicted upon them, neither ia It upon the
ground that the Government Is without evidence
10 convict Him Oh the indictment now pentlng
against him, but as Sa IN effect stated by MI
agreement With Rchm. by which, since Rehtn
!an.i testified on behalf Ut the Government, 1t
became and was part Of tt!c'r duty to recon-
sna Gsnf h II sot is the hc essns' s ,a Il ,'S 'se
stance Of their explanation now. ls that
That, being the Government counsel before Tie
Court where lscl!m waa Ind! !cted, and he being
thu greatest criminal by far Ut alt others whom
to them as such, they deliberately, an.l without
even 10 much MS consultation with the District
Judge tthc Onlf proper ufllcrs under the t;over1-
tncnt before whom Helm Or hIs counsel could
no To secure Immunity III thu event he should
desire 10 crfminatc himself and bis coniclcratcs,
as we shall shortly sec), deliberately traded the
PROMISE u Government favor To Jacob lehn.
II was lottery IN wl'ish they purchased q ticket
wheel. i WIS q bargain behind the back Of the
Court, without Its knowledge or cunscut, nlatlc
BY these salnc gentlemen who now call upon
Judge was moi consuitcd dues MT appear.
Whether 1t was bccause lllo Government counsel
wero more easily satisfied With tile TURNS offered
by 1eel,n THAI lfs lfolmr would have been, or
whether the caunscl and Kclm feared The Court
that there wtA not aud could not be any ncecs-
s!ty for such as, arrangement, Is matter cott-
ccr1,ilg which the public Is yet without lnfur-
nation But, Us befure stated, under the law
except It wore Matc by tho order and direction
III tic court. We venture tho assertion that
such Is and always has been the Inv Of thu
oor 10 ' ey es ca s aaa % te @ court w =. T ths
late day u adupt their conduct as its couluctf
TN the contrary Il the tlcoIy OF tho Govern.
1ncnt counsel DC the correct one, n,'l what W.
agree vii, us III saying that il il II the faw Of
one case III twrnty It must BIZ held TO tc the law
in the othcr ninctcen cases % well. In ntairr
words II tlo Dlstrict Judge ts bound by tic
bargains VI the Goycrnu1ent counsel In one case
CONCERNING wllicli lie lonors absolutely nothing
until the question Of tho enforcement OF such
tratlc Is presented to lin, Is It not equally in
tho power Of tic Government counsel to say
what si,ofi 10 lin nns,tso ~ cri,t,o i,stseof
Such un assumption Of Judicial power on the
part u Government counsel, although It llas no
precedent, certainly bas alf tic novelty III the
remainder VI thc!s conduct III tic management
n& Hrttu's ease. Tin District ATTORNEY IN yb II
was 4 nnrt Of tic nrranucmrnt. 1That he Hiriln,l
should TT tcstIfy w fIiy. aIriy and 1 tT.,tinilr." iH
a,ll the Government COUNSEL not utiy claim Tho
right to make such IN a1,Toesnont, but they also
clair, now tho right to determine wIr,I,ur or
,,o iIs i,as kent h{s tart of tlu c1+r,t. and In
49,, ~ H., t1 H. W.. ~, ~ ,' y. t s
M H. ~. ~, r.y tntr a.i,s T.. ~ "aa
baSe besn decidedly In @ fasar ' Il Kci'. ''c''''
Tile Intelligent public hare long since passed
Judgment upon thy utter .worthlossncsk Of
a pn ;a' ~ 's s sto1y ry as ~ w. to tr T. y t
ia|schood wcrc 80 inicrn,Ixtsl {lat iury Of
twelve men could not bclieyc HIM nni yIftual]y
decided by their Yer4tct TINT lo had bccn al no
service t., tho Government ID that co,v at tcast.
But wilnt nro the actual facts about lis tes,l-
n,ouy, On lust Friday ruornInr, when he was
brought IN for SENTENCE, III Counsel presented
tietr tYti affidavit to Tho Court. which cc1,-
totno1 tbis stAtetlcnt:
Doponcute further say that they then askod said
attorneys tte oeysrnnient counsa'j = ttass wIsat
IN i iea1 10 the pani,n,cat Of sa Kea' ,S and. and.
sss!ns tSat 7 tasi; opisioSs VIZ ssssd Sy DC
should nof bo imprironed fos . longer tsrn, than
from three to s!i months. md tia: t!uy won!t!
IL 9 ta rerata s1 SSs5 u 1t
said ". tssy xsad 5sss%ms1a @ H.. say psa1sh.
pOsp should not 10 imprisonment In the prul-