National Republican., 1877-10-03
THE LOG CLAIM.
TRIAL OF JULIUS VITO HsKT IN THE
CRIMINAL COURT

GEN NBoI.EY APPEARS IN COURT AND GIVES
RoHp FOR TRIAL-sTEwART THE CODE.
PENDANT, NOT ALLOWED TO TEsTIFY-AN
IMPORTANT POINT TO BE ARGUED TODAY.
The trial OF Julius wltovski Tor conspiracy
with Cen. James s. Napley and othors,) 10 prose
cute fnlsc claim for tltl logs valued at s27to7,
against the United States was resumed in the
Criminal Court Judge Macarthur, yesterday morn
ing.
Ex-senator Carpenter was, at the opening OF the
court, added to the counsel for the defense.
GEN JAMES g. NEGLEY
same TO the bar and plead not guilty. motion
10 quash the Indictment in his case was over.
ruled.
Geo. Dooliitle was again placed on the stand, and
was cros-oSamined for half an hour as TO the oyi.
denee given by him yesterday.
joseph McFarlsn, witness, testified that he is
an attorney 'stlaw, and practices IN the DEPART
mcns he proved the signature Of Mr. wltowsk
70 the claim papers, Witness was attorney hnr wit.
owski At one time In this case,
Mr.. Wells, at this point asked the witness some
questions, which could not he heard clearly.
,Mr; Carpenter, Your examination Is 20 conhdcn
tfal that we can hear neither questions answers
here
Mr., McFarlau continued his testimony. which
related almost entirely to the authenticity opapc
submitted by the prosecution. These papers con.
sisted Of voucher. letters, anidnvits, Sc, used In
the prosecution Of the claims As they were proved
mony was to show the fact that certain papers were
Med as genuine papers being understood That
The prosecution will hereafter call evidence to show
that some OF these papers arc forged and some Of
: On cros'. eSNmInaiion by Mr. Wilson, Mr.. Nc.
Earian testified that the claim sworn 10 by Mr.
Witowski was IN the ordinary form In which all
chains were made out. It was first presented TO
the Third Auditor OF the Treasury, an officer that
had no proper cOgnizancc Of such cIaiuis
James y. Allen, a Third Auditors clerk, was then
placed on the stand and gave evidence Of the fact
hnl h..t A1...l ..f
thc witowrki claim. These papers, ali vouchers,
&c., In support Of the claim, were read Proof of
tns payment q tho claim indorsed Julius W.T.
witness said he did not know Gen. Ncglcy and
he never saw w!towski at the Third Auditors
The Court. Well, now, Mr.. Wells you have gut
The claim prcsented and the drnh paid. What
Israeism'th. another clerk in the Third Auditors
ONCE testified that
THE FIRST wITowsKr CLAIM
was fled June III. 1874. by Gen James 6. Hesley.
The claim was shown to him and he recognized II
The second CT restatcd Witnwski claim was filed
by Mr.. McFarlnn June Is 1875.
STATES EVIDENCE.
David c. Stewart twho plead guilty Monday wRs
called from the prisoners dock and put on the wit
BROOKLYN: becanle scquaintei with witowski in
faoi-2 Al Nashville, Tenn.
CAN HE TEsTIFyP
The defense objected to the competency of the
witness
Mr. Cook read authorities to show that oode.
fondant could testify only after q aOic prOsgai had
b~cn entered IN his case
Gen. wolls said that there WINS no hettcr settled
prIncple OF law that a defendant who had plead
guilty became a competent witness until he be.
came Infamous by sentence to tho pcnitcntinry
Both lawyers read the Smr paragraph from
6recneafs evidence tn sustain their diverse views
CAN'T TEsTtrY VET.
The Court said he was inclined to th'nk that the
District Attorney must ~ under, aud that the wit
pc,s could not testify. He would prefer however
10 have the witness stand aside and hear an srcu.
mont n the case this morning
Stewart then stood aside. There was rousilCra.
BILE conversation at this point
Gen, Wells. My friends have not yet learned to
refrain from interruptions
M Carncnter: never shAll as long as practice
The Court II Is faculty which 7 do not wish 70
sncoursge here because This disposition to have
The lat word uninly nrntracts raSts
John Moran testified that he was at work IN the
hll Of lsta for the Government under Captain St
Nalr Morton, at Nashville. Tenn. as wagDnmaster
Fort Neyley and the block houses IL wa. hauled
nom Hnrdincs plsc" aud other htrins Fifteen
teams were employed IN the work. The lNrS were
hauled some two and half miles The Govern.
intendent of the work. witness afterwards made
an afhdsvit In relation tn hauling this timber.
u d"si, m ini.,o Wines ,h .rn thst he male
blc's oficc. Col. Trimhlc had the reputation nf a
lawyer AZ the time he made the affidavit there
were four persons present There was large
amount Of hcwed timber used IN these fortfca.
tons
The cross examination occupied over an hour,
and at Its close the court adjourned until to-day.
GEN. NEGLEY's BOND.
A. soon a. the session NJ the court closed Gen
Fegley gave bond in 81 noo ard his own personal
recoeniEance In sIOOO0. To await the Judgment of
the court In this case His trial will take place OF
The CLOSE Of the Witowski case.