National Republican., 1876-03-24
WILIIsH q. OTTMAN.
HIS Trial in the c siminal Court.

Tie trIaI OF VIM. Ii. 0ttmsn, indicted for the
Larceny Of 81! as- o. from the Uoited States Treas
ury II June last. receiving stolen property know
Ing It to have been sto en-, aud reoeiviEg en-
bezEled meney knowing It 10 have been emit az
Eled, was Continued II the Criminal court, Judge
OItp, yesterday.
The wife Of the accuses, with his son and
daughter and another young lady, occupied seats
near a1d remained with him Until the cC1rt ad-
journed for tao Gag.
The question as TO admitting In the testimony
OF McOuTdy, toe admissions msde By HeIlesk TO
him hcS Surd1l as to the trans sctiop was argued.
Ire oeiense yesterday objected.
mr.. MerricE, for the defense, asked that the
government be required to make their oter tn
writing, and the court suggesting this course, the
Government submitted an offer &c prove BY the
Evidence sn q McOurdy that some months after the
tAlcCurGY) that he (Helleckl was guilty Of the
larceny. and this offer is not for the purpose Of
proving the larcenyOr the receiving Of stolen
mr.. Mer-ick opened the argument and spoke at
great length, also citing numerous authorities to
entitled TO evidence Of that nature.
Mr.. Wilson answered, and was proceeding with
his reply when recess was taken.
After the Recess.
The court reassenbled at I2:5a o'clock. DIR.
Wilson resumed and spoke oi the circumstances
under which this class OF evidence WGs permitted
to go to the jury. He cited the Knapp case in
rate indictment was given Knapp under the
aver-ed Indictment OF Grower shield and his prose-
cution and conviction thereupon. He main
tanned that In all the cases that had been re.
ferred to there were distinctive features on
which the cases turned, and that they were
merely getting at the principle there laid down,
and all Of them centred in the one referred to In
First Moody's Crown Gases. Every one OF
these had recently been passed upon by one OF
the Judges Of the supreme Court Of the United
States in most elaborate opICi3u. He read
from the case Of the CDIted States against
Douglass. Benson Clements. in New York,
before Judges Nelson and Belts, charged with
murder, showing that although jointly indicted
they were tried separately. 1t was different
kind of case Ircm the one the prosecution
had at the bar.
They offered the evidence TO show that Hal
leck admitted his guilt. Tie difference between
this case and those to which the counsel for the
defense had been referring was plain. The
statute had made the receiving Of stolen goods
distinct oense. and that was the charge for which
Ottman was on trial. 1t was the substantial Of
fense created by the statute for which Ouman
was TO be tried. They could only give this evil
deuce TO show that this otense had been COM
mitted before they could connect Ottman with it,
He maintained that Ruy testimony offered on Hal
leck trial to show that he committed this larceny
was competent II the present case 10 show Utt-
mans knowledge of the larceny and his connec-
tion with the affair after the theft took place.
The judGe here discharged the jury FOR the day,
after administering .he usual caution regarding
conversation about the trial. The witnesses were
also dismissed Until 10 a. u. today.
Mr. Wilson read lengthy decision from the
case Of United States ys EartHell, to sustain his
argument as to the legality Of submitting the
evidence proposed. He read that case in full, he
said, because it discusses the present trial 10 all
its aspects, and it was the principle on which 1t
must be decided. The counsel Tor the Govern.
ment had been particular TO charge Hslleck as
guilty Of the principal oxen Sc and 1t seemed 70
him that the authorities he had cited were abuu-
dant to show the aduissibiiIty OF the testimony
they asked for as evidence
The cont here adjourned until Il O'clock this