Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-05-03

l.. 10 the first, third, fifth and sixth
sald charges and Specifications
answers that he is not guilty ia mann
ana Ic[m as is therein charged az
specified.
z. 10 the second and seventp, ~ 90
cnSrges and specifications hr ara,,o,9. 80 90
Flrst--Ihst he denies ar nais2ooea,, az" !" - :,
or maifeasance in his off ~ lLtoneaosD nitn'
eE ana the violation of snu y, 'S WS,id ii'ci ci
ordnance so far as he sSna @ rnag raI bS =. :
and ges anu specification
| 10 sny ar lat so far ss thesam reIa
ance h :; led misfe&sance or malies
chsTaof lis defendant in bis Office an
MES = -er as justice cf the peace, be d,
Owe hst this court hes any juris5ictio
1.-The same,
D. 1ntS OaI5uuSut IuUyes the court
strike out The fourth charge and specif
cation as irrelevant, and as pertaipiD
TO a matter over which this court ca
take no jurisdiction.
4. This defendant moves the court I
strike out the eighth charge and specif
cation.
Finst-Because It is void, for uncer
tainty In not stating the names of tb
persons Oh specifying the several cases II
Which this defendant has been guilty O
the alleged extortions.
| Second-Becauss the same relates e
alleged acts Of extortion committed b,
tals defendant In his office and chsrac
Ter OF Justice OF the peace, and not al
recorder, and over which this court ba,
no jurisdiction,
D. Ia answer to the ninth charge anc
specification this defendant says:
Firsf-That he denies that he sought
or Obtained the Office Of city recorder
uPon any such supposed condition OF
~ reement as is in said specification sci
forth, or upon lsny false or fraudulent
representations or acts on his part.
Second-That If any such agreement
was made as is in said specification al.
legged the same was illegal and void as
in contrsvention Of public policy.
J. w; ClaPp, W. L. Clapp, L. B. Horrigau
aud w. Z. tolkes, Tor defendant,
Councilman Gibson at this point
asked if Councilman Bates had been
sworn?
Several answered in the affirmative.
An alderman-HS is q neWspaper
man, and newspaper men ought TO re
sworn twice. Laughter.
Councilman Donovan then moved
ths5 Fhe impeachment managers be su-
lhonzed, II they saw ft, TO empicV
counse! to conduct the pre- 7ecutj9n.
In doing so, he said he nod
the HlghCst esteem for the sbili-
~ OF their distinguished citv-ot-
Iofney, and IN offering nat motion,
anu IA any remarks he might have
In19e, ne Giu nos desire to csst the
ohEIlt sIls 1test Lt!lSC'l"h on him. His sole
OgJGGt :, W"s W -,ave fair inve3tigation,
anu anu u Il - to be law against law, if
leg@i 'AestiOn5 we're to be raised, let the
oi' ;, De well and ably represented.
City Attorney Walker then read the
following:
To the honorable, the General Council, sit
ting az Court of Impeschmont in the
trial Of W. l.. Duff, City Recorder;
| deem it proper to put in writing, and
ask your honorable body to put Of record,
my own view of the attitude I occupy
in the matter. [ hold that rs city. .attOr-
ney l can be required st any time in the
progre Of this matter to give the c0Uu-
Gil an opinion upon any gu 1tiOn that
may arise, and know 1t would be quite
impossible to do so with impartiaIiIy if
l am to conduct or -Iist il the conduct
OF the CO sc ss .prC2C 3u' n. I therefore
OCCAlilO , DlO6ECNNC uIlN L CiI GA-
pressly al COlYCd liOm any duty of ad-
vising the council G3 70 questions that
rlay arise or may be involved. If l am
sbsOlved, hold myself ready to prose.
cute the case as an attorney.
J.P. WALKER, City Attorney.
Mr.. ClApp said they had no desire on
earth to embaTrass the prosecution Of
this csse; and so far ss employing cOun-
sci was concerned, il the gentlemen Of
that court thought it wss right and
proper for them to do so, they would not
interpose the least objection now or
hereafter.
Councilman Glisson said they were
not prepared to go on with the case, and
be would ask that the court adjourn in
order 10 give them time to be prepared
ITO nneetthe enemy in open combat"
The chairman s1id in order - give
the impeachment managers the neces-
sary time, he would adjourn the court to
tN o weeks from thatvlay.
General Horrigsn here rC1e, and ad-
dressing the chairman, said be was COM
hitting fatal error in adjOurning the
court Of his own motion. They did not
wish to take any advantage of them,
and therefore he warned hinO in time OF !
ais error. You, be continued, are dis |
'0lving this court without any authori- |
y. 1t must be done by the court itself, |
md you are only one twenty-fifth part |
If it.
Chairman-I am president.
General HoIrigsn But yCu have no |
more power to dissolve this court than |
rave. 1 would sugge3t that you call for
he opinion of the city attorney on that |
Doint.
The city attorney was appealed to and
lie agre, 1 with General HOrrigan.
Mr.. Clapp appealed to the council es
natter Of common justice not to post
Ione the trial OF tne case. Here was
ne Of their fellnw-citizsns charged with
TOSS crimes and micdemeauors-c crimes
which, if true, m sde him undeserving q
,ositiOn in sOciety-and were they going
o keep him upOu the rack in sn agony
( torture ana suspense for two weeks
nOTe, unnecessarily?
Several members rose TO speak, among
hem Alderman Elder, who said: Two
I three gentlemen have had ell the talk
D themselves, while most Of US have
sid nothing"
Councilman Donovan got the floor,
nd said there was no necessity for post
OulhB bhS IIAai 81 AUnB. II NOutd D6
q injustice to Colonel Duff. The charges
yere now before the world, and it Woald
OF only be better for him, but better for
le interests Of Memphis to have q
Deedy trial. He would therefore move
lAt they adjourn to next Thursday
vsning, at three o'clock.
Alderman Elder-Let me cay one
'oTd.
Alderman Green-A motion to sd-
urn is not dehsteable.
Alderman Elder was allowed to nrO-
aod and said Colonel Duff had right TO !
speedy trisl, and he sd ted: ave are
laking far more todo about this thing
IAN is az all necessary. He did not see
10 necessity Of employing counsel, as
reg were s9 capable OF judging Of mat
rs OF fact % the lawyers, and their
ty.at.OTney would enllghten them
pom questions OF law when they arose."
Councilman DOnovsn's motion wss
srried. ana the council adjourned till
iree O'Clock tomorrow evening.
a Violent speech from DisraeH.
LONDON, May 2-In the house Of
'mmons to-day Disraeli, IN q vehement
'eech, denounced SIS cslumDiou5 the
made by Lowe, at Liberal I