New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-07
WAITING FOR IMPORTANT TESTIMONY.
my TrIFGRAPn 10 TRE IRmUNE.


IBY TELEGRAPH TO THE IRBUNE.l
WASHINGTON March 6.-Great disappointment
was EXPRESSED on the part of such members of the
House as were not informed about the real facts in
the case, that the articles of impeachment, known
10 have been prepared by the Judiciary Committee,
and all day in the hands of the Chairman, were not
presented TO the House. II is true that the Com
mttee have complied with the orders OF the House
and prepared articles against Mr.. Belknap; but the
sentiment of the Committee is that unless the House
mperatively demands it, the articles ought not to
be presented OF at least need not be presented at
present The only witness in the case has gone, and
the Committee thinks it is unnecessary to present
the case 10 the Senate until there is sufficient proof
10 establish it and make the impeachment stand.
The Committees desire for delay is based
on the almost absolute knowledge that there will
soon be established more facts against the deposed
Secretary than the most sensational committeeman
could ordinarily imagine. Indeed, it may be as
serted with absolute certainty that facts have been
found that will make the case of Mr. Belknap ten
fold worse than it is now, and the testimony will
be so convincing and so direct that it will not de-
pend upon the presence or absence of any one Wit
ness Statements of this nature will be made to the
House tomorrow by Chairman Knott of the
Judiciary Committee and the House will prob
ably see at once that the articles OF Impeach-
ment in the Fort Sill case, which hang on
the testimony OF one man, Mr.. Marsh, VINO
Is absent may as well be postponed. Only few
days will be necessary to develop case In which the
articles of impeachment can be made to stand the
test Of Republican Senate; and 1t is probably bet
ter that the whole case should be presented to-
gether Still if the House shall desire the presenta-
tiOn of the articles already prepared Judge Knott
will present them. The articles as prepared are
very long and every phase of the case as de-
veloped by Mr. Marsh's testimony. and include sep
srate charge for every time Mr.. Belknap received
money.
The Committee spent considerable Of the time
during which it was in session to-day in the prepare
ton Of bill for the protection of witnesses who
may testify before committees of investigation. As
the law now stands, no testimony given by wit
ness before one Of these committees can be used
against him in a court of justice. It's terms, as
found in Section $50 Of the Revised Statutes
follows:
No testimony given by witness before either House
before any committee OF either House Of Congress shall
be used as evidence in any criminal proceeding against
him any court, except in prosecution for perjury
committed in giving such testimony; but an official
paper record produced by him Is not within the said
privilege But this law does not Otect witness from
testify.
For instance the sworn statement of the witness
Marsh, made before the Committee ON Expenditures
In the War Department last week, cannot be pro-
dneed against him in court should he be indicted for
the bribery Of public officer; but the officers of the
Government may use it as basis on which to work
up against him, and finding sufficient testi
mOny may convict him. In this case while the testi
mOny he gave would not be directly used against
him. it would be used so indirectly since
1t would furnish the clew on which the prosecution
would be based. 1t is this, it is believed that has
caused the fight Of Mr. Marsh TO Canada and which
on more than one occasion has caused witnesses who
would otherwise be willing 10 testify against Gov
eminent officials, guilty of dishonest acts, TO evade
the summons Of committee of investigation The
law was not always in the present form. BY the
act OF JAM n, 1857, amended and repealed in 1862,
Il was provided that:
No person examined and testlfyng before either House
3ISongress, OF any committee Of either House. shall be
hea 70 answer crminaly in any court Of justice, sub
.19ehng which he shall be required TO testify before
goer house OF Congress or any committee or either
er the date OF this act; and that statement made
Sf produced by any witness. before either House
nsi DC competent testimony in any criminal proceeding
ssalnst such witness In any court OF justice.
his law the Committee on the Judiciary propose
toIeenaet, and they will present bill for that pur-
pose tomorrow. Should such bill pass both Houses
OF Congress, witnesses could with impunity testify
before the Investigating Committees, and might be
even anxious to, since such tesfying would relieve
them from the liability 10 criminal prosecution TO
which they were subject before. The action of the
Senate on such bill may be considered doubtful.
II Is hardly probable that the bill would be voted
down IN that body just at this time, but there Is
danger that no vote on it would be reached this
sion, or, if vote should be reached, that the bill
would be killed with amendments.