, 1876-06-16
WASHINGTON
The Plea Which Belknap Relies
on to Eacape impeachment.
Mr. Kerr So Far Recovered as to Ride
Out Yesterday.
DELKNAI'.
THE CRAFTY FLEA or Hts LAWYERS.
Saeri1t ntfhdich To T1k IrfhHf1k

!spectai Bispasca to TIE tribune.
WAkttIXHrnx, u. t., June 1b.-1hc fHrcach-
,ncnt trial of Gen. 1.el2nap will be resumed On
Frihy, anil there IL n good heal of anxiety Among
Senators III i;nnw w1nt c9nrsn will bt pursued by
his cnnnscl. 80 many statcments regarding this
matter hayc appeared ta, thcsr IN nothing but
confnac! nuton ri the whoIc proceeding in tho
public Mind. It Ia INV understood, Oh gotnl
authority, that 1}c1knapA counsel will not answer
the articles. but let the cAac 10 u trial thu pta
OF ''Nut guilty." which will be entered
un'lcf thc order uf tho Senate heretofore
mnJc. Hut they will renuw tic motion
to tilsn,iss The proceeding on lie ground that the
sennic acquitted I}eknap When It failed to sustain
jurisdictton by two-thfrls vote. The plea 10
Jurisdiction in n caac Of ltnpeachment, they con.
tend. In simply nn arcrmcht tllAt the defendant ia
not subject tn impeachment for the particular rea-
ron assigned 1t Ia what tho lawyers chi, "a
special plea In bar" Of The proceeding, and, NJ
1t ID
4 COMPLETE DEFKNsE,
1t cannot be oyerru1ed by any less mum.
bcr of votes than are required to oycrsulo
any other plea which constitutes com.
plctc defense. as, Tor example, the plea
OF not gniIty. The contrary opniun aritcs from
confonnatng tho plea of the jurisdiction Of tho
Court Of Impeachment with TINT plca In ordinary
courts. when such plea is nut a plea In bar und
does not preclude az actton in some Other court,
acton be adjnlged to nba,c,
WHEREAS,
In tho Court ct Impeachment, II the p1ca be rus
tatncd, II ditposcs OF thc proceeding finally,
nnd 10, therefore, to all iHtents mud purpuHcs,
plea in bar. THIS te!ng thc return OF The plea
In tho Court Of impeachment, the failure Of thu
Scnnte to ind by two thirds vote that the defend
ant was a,Aennble 10 impeachment for the oncn>c
chargcd are not impcachnble oiicHAes. and hence
any further proceedings to Inquire into tic matter
will be curatn nor fHtEtt. .....
~ he lPtsftrn Annotated prtss
WAsltiHnroN, H.. t., June 15.--Gen. De1knhr's
conse after full consultation, tave concluded 10
decline putting IN any further plea to the articles
them at the Inst session OF court Thif, ii ia cx~
pected, vii. be followed by further order,
or. rather, by an enforcement of the
order already made, requiring them 10 proceed
with the trial upon the plea Of Mot guilty."
which the sennts Itself viii put In for them. 1cy
their for declining to picad further is sub
stantially ret forth. Thcy take tho ground that
Gen. Belknnp II
ALNEApY SUBSTANTIALLY ACQUITTED,
fnnsmnch az the Senute has failed to nsEcrt by q
two.thtrds vote that he is in,pcaehable.
officer within tic meaning oi tho f'onssitut!ot,
and that fact being essential element Of legal
conuictiou. he canrat he convlctcd whatever may
be the opinion af the SeIatc on other fncts of the
case. Nevertheless, the counsel Ray that they wifi
bc ready for trial the 9th OF July. md, ttong',
their client has already been acquitted and ouebt
that lie will Le' acquitted. Again, they think he
ought to bs spared lhe trouble Of gong through the
tc4ious and expensive forms Of another trial on an-
uthGr branch Of tue case.