, 1877-10-04

In cunnectfon with the statute, 10 give the right
to max tho questions. II by The order the Cu,lrt
simply sass!, "You shall not he harmed IN cor.
sequence Of anything rou nay lnfore the Hrand
Jurf," he supposed Tint would I've sufficient to
| fHHvESr MS RE!SH HARMED e..
tn conscnu'ntc nj what he might there ray.
Had tht Caurt the right 10 make in nr,1rr which
amounted i; to arnnion ot sr'me gs,nera1ye ,
lc rc1eaael from all liability TO be prosecuted
or punished OF account Of nnv n,attcr To which
he might bS required to tcstify before saia
urand jury" There was an abundance Of au
thortJ to show tie Inherent conlrnot1-law
power Of the Court to protert n witness from
prosecution on account Of the matter concern
Ing which be testified. And tho witness could
plead t1lo immunity In bar. f1o desired TO ask
Mr.. Forsythe smother questlon.
Q.-Dhl you testify before the Grand Jury
concerning The "K" accounti Al decline to
anH~cr.
Tho Court said tho question in hia mind waa
tho wtnets froin prosecution for IN offcnsa diff
terent from, that which the Grand Jury was
making Ginqutry-lo1gery, murder, &C.
Mr.. 9tDTrs argllet! TINT the statute released
him from alt liability on account of any lna.tcr
concerning which he might 10 examined letoro
hlr. stlney Smith uigcd TINT Mr.. Forsytho
money under falsc pretcnscs. Ife was called as
witness In the trial If ono IN which he was
not nanetf fur thu purpoae of establishing Its
allegations. and II 1ns proposed tu ask HIM
questions WHICH tended to c1tminato himself.
Tic claimed that tho Immunity order could mot
he construed 81 a. 10 exempt Forsytho from
prosecution for any .oifenso which tho
Grand Jury saw ilt TO-, inquire, because
under Investigation. By and BY The two !atlict-
mcnts wuuhl riss up u plague him. No one
could pretend
TiAr nn COULD PLEAD THAT onDEn,.
madc tn rnsc Of bribery In rnsc OF obtaining
money i1nfIPt fA14N hfRtrnApp. tWn 0{fatr
being entirely different. II 80, a lnan might
claim to tc exempt from all tho crtmes In tho
calendnr.
Mr. Swctt contcntlcd that tho effect OF The
or.lcr was to protect tic witness In tho Grand
jury room, and, having protected hEnt for his
Testimony there, It became functus oi!irfo: Tho
present was new proceeding. Could tho
order thcrc protect EoFBythc herca
Alr. storrs, in reply. .tatd M effort would bc
tnade to convict Forsytlc under my statement
c might make tE court, or under any statement
which he had made before tllo tirand Jury. The
) question Was, having been Indicted for cunspIr-
acy instead of bribery. whether any court could
punish |1lnl account ot any matters concerrl-
Ing which ie Ind testified in TINT investigation
Gould tho pica OF privilege be interposcdi tho
piea being that tho Testimony called for from
him would tend to cri,ninatc lI.fn, wte,, lie lsa'l
becn BY m ort,er of t.'c Court, under statute,
ntsontciy relieved from any prosecution corr
cer,'inG the matter uron which he Wills
Iact that It would be impossible to prosecute
nnd punish Fursythr Tor conspiracy, tho single
tucstEon Remained, Could the plea OF privilege
Go tntcrposedf MIR. storfs then devoted little
time to tho point a. to whether immunity was q
perfect plea nxaInst nil prosccutlon1 asserting
ti!a; IT. wns, mud supporting hts position with
Tho Court did not think, under tho bribery
statute, It would do for tho peoplo to call Fof.
then call upon hi.1, for Information, and require
lli'n to produce bus hooks, which might furnish
evidence IN the bribery mattcr and perhaps in
MiollT cR1M1NArs HIMSELF.
The prosecution insist upon The books being
produced to obtain cyilcnru IA TO lilo briucry
matter; he produces them, a,ld then they tako
those eooka and, OIL the strength Of them and
uthcr matters In conncrtton Herewith which
they may llayr, they inIlct ilini for conspiracy
with other perk1ns7 HI did not believe tho
prosecution could ever convict FoEsytllc Of con-
spptaey, .pi T. T. appcared clearly Tint they u.ed
means 10 yet from him Information. dncunIcn-
tary Or othurwlse, In support VI n charge of con-
sp'ra~y. although they might not hayo the l.lea
of conspiracy ii, mind or llavo known what eTi-
would bo frnud aud an injustice. There
should Oc no doubt abnnt Ills e1cmp-
tton. Tho. faet TINT no had bson
Indicted Indicated that tho prosecuting olliecr
thing he had fafl before tho Granl Jury. II liz
were called before tho Uran.i Jury and trstlGcd
ut}Ou subjects which tho t,rtscr1ttinr ttn,y s,rht
n tulcstj,n him. n1I Nv reas, ri H. tn.tt,nn,"v
ns, ns Ehept np tt ,1bn punisosat m ne anona never
tton of Forsythc. he wanted il Il, anncnr rjcnriy
that b. Ind beer 40 rxcI,t,tet! hctorc thc Grun1
,tlry that ie could not be- nuridhctl In rafSrenx,
to tie ulatter which was now in question.
that by himself wus rucstiouaEIc,
Mr., Htorrs snll there was no difficulty obopt
1unktng tho proof, and hc lid not raro 10 prcss
Foraytfn fila Indictment ,van rlrnriv vr,ur
srAT1's ATTORNEY MILLS
remarked tiat that llsposition would bo mado
oft,
NIT. Btorrs said that Forsyshe was entitled 10