, 1876-07-01
CONCLUDING REMARKS.

0AcApJ PAkIAnseO own %ueHs
CONCLUDING REMARKS.
Mr.. BANGS
desired to add word or two rs 10 tho law and
the infcrcnces which wero to be drawn from tho
authorities cited. In tho hrst place, he admit
ted freely TINT when m acco,npllcc was called
by tho Government "a witness lie was entitled
to perfect and absolute immunity by operation
OF Inv where there tsas ito stipulation, and ho
was prepared to take the position TINT II mat
tered not whether he Ind pleaded guilty or not.
But tho Government insisted for some pnnts1,-
mcnt for Mr.. Rchn, bccausc he himself direct
1y, intclligontly, aud undcrstandingly had lint
tied or overcome the implied legal pro-
vision In bis favor. 11o believed there
was no difference of opinion atnong lawyers as
to what immunity meant when witness was
called by tho Government, and testified fully
and fairly~-lt meant complete immunity. Tho
difference which Ind hrikcn In later practice was
TINT there fs no obligation on tlls part Of tlle
Atrcptanco Of the witness; It resides wholly in
lho brcast Of tho Government counsel, and the
law cnforeet! nny agreement which, hu n,ado. II
Eas not in tho power Of tho Court to disregard
he should NIT go to the Ponlsenti.
aty, ho or. Dangs> understood there
Il IL III %.e o ts 70 dsneg ssa @ un. D 4
II icy Hs psassa q I'll ie sss s e.
s@ as ass .!snt ssat o a ss r e Ss. syns Il M IT,
tGSoanty Co. !ail.1sn9o!w!.h.tandng The stateMent 4
believed thc court had not tic power 10 dI,reGaI
Iho absolute agreement made that defendant
LID ihe powsf a. to disrces1d tic reeomnenaiion m Of
sonnsel touching tho aix-tnonth imprisonment
Iii. CampGeiiMi Gerirn 10 Ii counsel II thsy
tonsado lilo qus.tion a a., q -
'hf thy e% 9, nf5s Is sp os9.e
In the couft. "'' "~'o " 'eu'' '"a' q1cs''o"
a Gpat' h w saY 10 ,he snsel aa. ssak
ep nSm sbe contt IN III,
ranncment ronti nnt n sdo tont,.rr ~ H. an i.
hec co nj ha fnnna vo ~ tc H"o43 ~ y
5nflsp.aaenss case Where a., man bad been III
steand oa xhle6 tho counsel fer shs
njo tay'a imnrsonmcnt ne IoIiar's s'ms enm,I ho
imposed. iio neo iatd stress on Mf, DoutwelIs
statement that, il Tho punshmont was only a lsy's
Tho Court-ia aiy farsher discussion desired on
tho other sldoi ~ ~ -
10 o ho 'a ~ a
yorslon Of it bonE substantially that given by Ills
tollcnguns. The evldcuce Of tie defendant I'm.
pficqted deeply 1Ioyt, whose trial was about 10
como on, BTldgos, Mum, WadAworth, and, to q
less extent, Mr. Ward. With regard 10 The ngrec-
mcnt made with Rehtn'a counsel. be admitted that
they were 10 be at perfect liberty to get tho low
~ Ipd sh "hea a tnn Coots anaes e
case. might SEQ dt to inlict. At tic
same time those gent,cmen were told
distinctly by Judge Hangs Tint be should insist
upon tho highest dne that copjd BE- imnoscd Uo
did not soy that tue other side au4csco In that or
that tharo was any agreement 10 that cfect nor
did he claim that defendant should be punished la
accordance with any agreement between counsci
I1o simply held that inatead Of going under ihe
rulo Of law whore thcro was no imrlicd agreement,
m agreement that Defendant should moi foceiye
complete immunity. In substance tho aRrecmcnt
waa that defendant should put himself In tho hands
OF Tho Court, nnd submit 10 lts Judgment
upon tho recommendation which they wcre 10
mike In his behalf. Ferl,aps thu remark was madn
that thoy did not ctre II he Should oniy rccsiyo ana
day's jmprlsonmonk lii. AYcr wrrt on 10 inv:
am not Zero 10 urgo my pattcular term Of i'm.
pr!sonmont. think va o,irht TO exercisa in lila
caso - 'A''
THE UTMOST DOM PATTI ANN 1,nFRA1rrv
with Mr. nchm I dn nnf tfnk n {. for tha irta,
eli Of Duhic iastcn tint thiH nractire nj furning
tns nuJJ..en .k..tJL. EE'.N