, 1877-10-14
THE COUNTY THIEVES.
Yesterdays Proceedings in the Trial
Of the Indicted Commis-
6ionerE.
The Case Against O'Donneu Dis
missed---Carrou Not
Guilty.
Close Of the Prosecution and Opening Of
the Defense.

There was little larger attendance In th
Criminal Court yesterday morning, it being III
derstood that the case of the prosecution Woul
close aud the defense make their opening STATE
c,cnt. Mr. Sto1rs, however, tried BIZ a 1e7
movement to get in Swcetzer's confession, an
lhis effort took up all the morning session
John Comiskcy was recalled, and testified t
the receipt Of moncy-orders on the Count
Treasury by Per1o'at for himself and the othe
contractors in his employ, and also By 0'Dor
nell
The defcnsc objected to this, and were al
lowed to save the point
Muny' F. Tuler was next put on the stand.
Mr. Smith objected, because the defense ha
not been notified.
Mr.. Stcrrs said he was called for q purel
collateral matter, aud it was utterly impossibi
TO give previous notice lie wished to sho'
whether Swcetzer ever refused to testify. an
to contradict him as to what he swore tran
sp;rcd between himself and MIR. Tulcy.
Mr. Smith remarked that the prosecution
gave it out Friday Afternoon that they had onl,
one or two minor things to present before the,
,loscd, and vet they brought in this cntirc1,
acn witness.
sIr storrs desired to lay the foundation fol
The introduction Of Sweetzer's confession. WheL
= promise had been made, and the witness re-
fused to testify on the trial, the authorities
we're conclusive that his evidence became com
pctent aaainst him
The Court did not understand that the mat
Ter of witness who had promised the prosecu-
lion that he would do so and SO, on which he
was to receive indemnity, cut any figure Where
u person guilty OF crime in connection with
otne1s WAS plon'seo ~ .ue peop'e .t'at "e
would tel! what lie kne" aoout II, he snou1o re-
ceiye indemnity, and he didn't come forward
,nd tell what he knew, that was good reason
nhs 'ue a,,..ss.:o.. 49, 49, ..,s.l... ~ ~
him. It was sort Of moral obligation anyway.
1t was good reason why they should not carry
put the promise which they had given. In this
sunetzer az il rr,s c,airne1 was told that if
1ae'' 49, ]--e1 -. .a,,
he would go before 1ne eraao Jury a''o teil
what he knew he should not be injured, and II
he would 20 also, IN case there should be an in
- ana,n,sn 49, - e1ste ,tore a., thar xss
psoinisc, anu - eeate .neae -. a.. a.. .aa. - 80
sEGsssaAi II 1hs e.. i',lAl: IT,,
lesc 5E ietosta to in The trial M Of the
seses good 'T WY the p should
uoI leI up gu niln' Du. tne af.n IL - tns
1tatcmen1 "nlcn ne niaue ,r'a. pe.o'c lug uaauu
5ul, va a1iosei ~ ~ ,1 ~
-ao"eN. - ~ ~, 1'oe oSs.N-1 - -! -.
l1eht aoo4t uls oelbS "ituess -. LIZ 1tse' ooe
because Oh Tue promise maue to nih.
tlr. SiorFs referred To the case OF tue CON-
mcnwtaith vs.. Knapp TO sustain his point,
Mr. Swett said that WAS q case which the pro-
tcssiu1 looked upon as Wcbster's Casc-one in
which be had twisted up Massachusetts court.
The Courts did not follow it.
Mr. Smith maintained that it Was {! nouscpsc''
10 saw that statement Of Sycetzer, wrung OUT
nf him. could he used against him. III the
Enann case there was an agreement that If he
rIGn:t hark IN his statement by an oath. he
eorId he indicted and prosccuted.
Nr. Storrs stated that the Knapp case was
held in Eirh disIayor by Ill accompliccs who at
.cn1ptrd to j,gnlc with the Government,
for it established the pretty salutary
aud rrctty healthy rule that they
coula exact nothing from the Government u1l-
less they themselves dealt fairly. The case had
never been questioned by the Courts 1t laid
down the principle that confession deliberate
" made under deliberate and qualified PROM
isc OF protection could he Offered in evidence
prai;,st the party making it. and RECEIVED in cyi.
dence on the ground that courts of Justice
would not permit themselves nor the public to
be iurrled with: that they would not permit
t.lr ruIic interests 10 be BETRAYED and defeated
tncrl1v from he foct that ,,nrtv 1,ad anrs.re1
Itefore Grand JuTy. or. privately.
he(urc the Prosecuting Attornrv ond
,.o1Crcsoo his ,fTensc ynd thcn rcf,,sc1
eollesseu i'4s oi.es, nuu euen lcleseu
~ 49,. 'zn . - ~; .t;, ~
~ Crn.,S 49, ~ ase+ a+a ~ $4,000. u,;ots