, 1876-02-04
Arguing the Motion to Quash
tho Hosing.Rehm In -
dictments.
Judge Blodgett VIII Give
His Decision This
Morning.
How Things Looked in the
Court-Roonl.
What Emery A. Storrs Thinks
of the Babcock Case.
The Great Sensation at the Custom-
House Yesterday.
Public Interest at st. Louis Rapidly Cen
tering on tho approaching
Dabeock Trial.
McKee Purring 0ontentedly in E1-
peotation Of Extraordinary
Lenienoy.
Additional Indictments Returned by the
Milwaukee Grand Jury, Two
Against Chicago
Burglars.
Arrival of tho Indiana Victims
at Jcncrsonvillo Prison.
What They Say for Themselves, and
How They Take Their
Sentences.
most Of Them Downcast, and Declare Their
Tatc Unmcritcd and Hard
!. to Bear.
Arrival of tho Indiana Victims
ut Jcncrsonvillo Prison.
What They Say for Themselves, and
How They Take Their
Sentences.
most Of Them noWncast, and Declare Their
Fate Unmcritcd and Hard
!. to Bear.
CHICAGO.


ARGUING TIE MOTION 70 QUAhH.
Judge Dodgott concluded to bold 4 moro pri-
ynto Ieyeo yesterday thau ho hns before done
during tho preliminary proceedings against Hcs-
Ing, Rdhm, 1Ioyt, and others. For this purpose
he issued orders to tho Deputy MasHhals TO o1-
c!ude 70 much OF the usnEl crowd ~ catno With
the ovidont intent Of being present In case anS-
Thing Of q sensational naturo happenna. Judge
Diodge.t vcry properly doomed 1t NECESSARY to
exclude this portion Of tho crowd, end tho court
room, was froed Of nearly everybody but lawyers,
dsttlless, witnesses, jurJmeu. aud reporters. Tho
Effect was oosorrab!c In tho batter ventilation
p1eyailinE In tho room. and in the absence Of tho
pbnoxioua oior which has boon quito noticeable
pf la.o when crowds hayo congrogatet in tho
small md badly y.ycntilatod United States Cour.
room. ..-. .....
The Government WaB represented BY ita full
array Of counsel, aud tho dcfeudnnts, Heang
Rehu1, and Hoyt, wero present NTH their 1chrss
tive attorneys Cot. Jucssen, George @. Caml~
boil, and ). Il. Doolitslo.
Almost Immediately upon tho assembling of
Court, Jui1go Dlodgett announced his roadinsas
to hoar the arguments on tho motion to guash.
Tic lawyers wero also ready. Tho dcfcnse has
rows Of impostaat-looking law-books piled On
tho floor aud one Of tho tables, and tho Goyorn-
meut attorneys wtro also protected behind
simllar fortihcations.
COL. 1uE98EN
opened tho arguments by stating that It waa well
known that his cltont had beon aelectoa ID tho
,hief party against whom these indictments
wore directed. lIo had not had sufficient tinlo
10 consider tho questions In alt their bearings,
but he had dono a much "a possible. Tho labor
OF arguing had boon divided up 30 that ho
would conine himself to tho separate indict-
ment against Alr. l1eslng, and leave hlB associ-
ates to argue that brancf. Of tho question rolat-
Ing to Mr.. uesiug In conjunction with Mr. Rehm
and Mr.. uo5t.
Col. Juessen than addressed himself to the
Indictment itself. He said that tho nino counts
were too indefinite to bo pressed. frat arguing
that the conspiracy c!auso must correspond with
:he overt act. Thls wua tho troublo with tho
.ccond count. alleging TINT Hcsinx con-
tpired with other parties to deiraud
the revenue at q certnin date, and
tue overt act was subsequently a.atct to l.ayc
been at Z different date. Thesb wna no a1le-
CATION that tho spirits "cto manufactured Aftor
tho day OF tho conspiracy. Feb. = lH7i. In
support Of tho position hero taken, Col. Juossen
Quotations moro n!Bo mndo from Whartonts
Criminal Law, atate W. Jane, 1lissousl, al to
thH satue effect Tint tbs uAsss must 10 stated
clearly in tho con,ltB, and the overt act must
couxpisacJ. .......... .,-.,-.
were two different thiuBA and q defect In one
could nos bs apoloxized for by tLe conploteue4a
in the other. Tho allegations to !" chest aol
dsflaud" uero entlEoly too Ronclal in theil
scopo, anil in this tetpeot wss Tho count do
toctiys. The olenso must be shown to DO
EtAtutory olfeuse, ntacl! had not been dono
cheating was crime for Which party might bt
Indicted or not. Tl.era wera aoms kinda ol
cheating which could not DO punished by ths
Government.
HAMPSHIRE Reports, State VI. Parker, page ~
aud made quotations from many osAsE yulumes
iu illustration OF Ls position.
lie taen said that Ho man should bo put nn
tEAl for conspiracy when charged in ruch rcnor.
u terms. 1t seemed to him llat tho worry ptiI,.
ciplo Of tho accused knowing whnt ho waa
specifically charged wslI uas 0ne uf tho marks
which distinguished this country from all olheEs,
Aman had tho right to know exactly whAt the
charges were axaust him betora he wont to hts
trial, II would not do to say that the conspra-
cy indictment gavo tho defenso duo notice. IL
there was 0nly ono NAY Ut defrauaing the Gov
arument this assertion might hold good but
inAsmuch ~ there wore Mauy ways to dbfrsul
the Government, aud thcy had nu due notice ot
wlnt particular way tho prosecution would nd
vance. Mr. 1Iesing was complesol! taken by sur.
prise, aud Col. Juesssn would 10 very mucl
Obliged II tho prosecution WouA only
SET OUT FEW " TMk hE4Hs os pHfR:uDiNo,
WAS charged. Tho Government might oe do
fsanded ty consI lining with uaugssA Aud Store
Aeepsls. counterfeit stamps might bo used o
worthless choeka might bo offered for ax.pai'
etamPs. Counterfeit checks had been olfezet
when the Government Tad more confidence II
hiyslers than they COW have. Thoy took thei
checks thhD, but shsy did not do 10 now. Nov
The Government counsel. having examined doz
@r,A y nrftE $Hkf fArf