National Republican., 1877-10-08
LOGS AND, LAWYERS.
TEE TRIAL oFJULIUS WIrK0WsKI IN
THE CRIMINAL COURT

A Half Days Session Last ssturiay-Mr. Car.
pcnter's Motion to Discharge the De.
fendant Is Denied, and the Case for the
Defense will be Opened To-day.
Tho trial Of the indictment of Julius Wit.
kowski, who was indicted jointly with Gen, Neg Icy
end Others for conspiracy 10 present a false claim
against the Government of the United States, was
resumed before Judge Macarthur in the Criminal
Court on Saturday, that being the sixth day of the
trial.
The counsel and accused, with Gen. Neglcy,
were all present. and the crowd In attendance was
larger than is usual
Hon. Matt, Carpenter resumed his argument IN
support ofthe motion made on Friday t. discharge
all the defendants to the indictment on the ground
That there had been no evidence to prove a con:
the facts which had been proved and argued that
the evidence might tend to establish false claim;
dc part Of some Of the nSi"iduss CHARGED Sut III !,
did not prove, or even tend to prove conspiracy.
THE COURTS JUDGMENT.
Judge Macarthur stopped Gen Wells when he
Arose TO reply, and said that the Court was ready
70 decide the motion at this time without any
npon the testimony which had been introduced
iS iSr ths purpose q affecting General Ncgley he
application and In taking the out OF the hands
q The Jury. Il appeared to him that i had been
prosecuted these claims, and The other party who
ss well have been included n the Indictment as
express any opinion as TO the culpablity Of these
sSnttlsmen; s,,th Az attorney may present his claim
S Ss G has esns Guilty. "S'sS sncsedse Of Ss
ffsudulcncy OF that claim. He should there.
fore, u General Nesley were on trial discharge
him from the responsibility OF the indictment
Al that stage Of the proceedings, and he regretted
extremely that he was not, because gentleman
In pttrhf not. rnat
under an impu,ation Of that Kind any longer than
was a6.3lutely Necessary II was insisted on the
/ conspiracy-that is, evidence Of an agreement,
and II was equally the rule Of law that this con.
spiraey Or agreement to act in combination may
quite clear to his mind, therefore that any act
done in pressing upon the Government for
PAYMENT OF FALSE CLAIM,
knowing II to be false, would be evidence which
ought, at least, to be submitted to the jury. He
thought there was some testimony on that subject
m this case. OF course, he said, II would be i'm
proper or him. sustaining this view Of the case, to
tmouy To the extent which II tends to sustain the
proposition that there was conspiracy.
He should abstain from that, and was therefore.
very much restricted in giving his views upon the
case as II stood. but supposed that he might say,
Without any prejudice at all TO the interests Of the
defendants on trial. that when claim Ia pre-.
sented agsint the United States and there Is at.
tached 10 1t afdavits vouchers and certificates for
the United States. that although they arc merely
or pdrte they have much influence with the be-
partmcnts and he supposed every year there was
slWO and perhaps 10000, allowed upon Just such
t5 pdrtc supplements to these claims. They were
therefore, material branches of the claim itself
and II they are false tho claimant can he punished
in one Of two ways under the second clause of the
statutes. An Indictment may be maintained
against them rs individuals, for making false an
daVit In such case, or an affidavit containing
mise statements, and the fact would also have a
tendency to show II there were number Of indi-
yidnals making these Rfldavits and furnishing
these false certificates II wppll show
acy. AZ all events the testimony ought to be sub
pttcd to the jury for that purpose. He was there
fore, against the motion.
The court then, at noon, adjourned until Mon.
day, when Hon, jeremiah Wilson will open the
case In Witknwskis defense, and the evidence on
that side will be presented.