, 1877-10-13

him 1t was vcsY fortunate for hin that he had
kept memorandum. anil ~ ho was acting ns |
tlle orders Of hit employers. "Tllc subject a.
va. ~. '!'.sn.se;'" % Carpenter testified: "!!s
and that tlr gave The hook 10 Tatcott with the
understanding TINT lie wns 10 appear before the
Grand Jury IN the mornnE. Before he went he
assured lltat he would 10 protected. The Court
thought that that promise was ono sl'at Carrcn'
ter had
ntnnr TO rssisr UroH,
or. rather, That whatever statements he Mny
have rIn.c after that promise roufA not he thtt
tn'crtlenee lv the prosecution aEatnat him. he.
ca,ftc thcv were given up.1cr n promise Of m
!"t'ieiaf: iio did not regard what Ny.
Tal,plt said as M Ind in,laesmemt to
Therefore lie WI. 0f rpnou. and 60 decided.
Tint Tic sinony which Carpcnter Eare bcforc
the Irnnd Jury l1cfure he went Tor the book. u
the lcuplt c1,oosc 10 offer IL. aud that the hook
ttxc1f. or, It's nncucc hctuE prt'rcrly accounted
Ior, proven cor5, might be given III svlcncs
Nt. Smith a.kc'1 Il t'!e evidence Va: 10 be
taktn M nCutift nny ri tho Other descDuants.
i, Il. srraeWc was recalled. Was rrcscnt in
the t'rand Jury ruom the first tay Carpenter
U.~Wtll yn,, stair what carpente. hail to sAy
at,1,lt l1Ie matter un.let ,n.c<t1Gat,..nt
Sr, Swclt ha,l rut,e nfter llle iretln,nny taken
before the irand Jury. mil ~ a!r. steIrs was
slc snt the eo,.t,te, tor tug astenss nessfe'i to
upun YeastcMbng. Alr. spEaEuc was asked
tt,r question gtvtu ahoyc.
Tie .lcfe,sc objected. and. In rrpy 10 1ues:
tiQt,t by Atr. Swct&, thr wttnrts said lie could
nut reeoilcrt Carpenters testimony so as to
gtye verbatim, t1le qttcstl0ta anu tue answers.
0EOKjk DuCKLEf.
shorthand writer. VIA ttcd called tn order to
A.. ard tkY},u LtRxf
cvtlcnces ~ to whut Carpenter. swore to, mid
also 10 separate the Testimony uf the first nni
second days. lie testified tlat he tonk thc nntcs
In sl!ort.flaad, aud nade, two cortcs, s,-','c sa
subsequently tn T.. q. e. Hidden. Tile COPY
given 70 tic lattcr was that III court. lie
divided the testimony.
On crnss.cxatntnaton "ttneaa ftAteo thAt
Holden wus ur.. of tic Commissioners who WIS
Indicted and that lie rot $50 for tho copy. lie
also gave Fra,ik ACncw eopy Ut tic testimony
in reference to thu jatl delivery aId dieting
prisoners. liz Was sworn ulclnber Vi the
Mr ssorrs WIS satisfied With the division OF
Carpcutcs's Testimony, and offered to read 1t to
the Jury.
str. smith wished tho Court to understand
ana testify, il tlls indictments we're dismissed,
as tho prosecution haa proposed. Lie objected
to lie rca,ling Of tile testimony.
sir. Mills then read tl,c evidence. Which was
eNpEtNIklAlI$ ua 4VlU"hs AAC 4o RkapI1l1E tIEth
for Jumcs Forsythe y Co.. had bcen with them
| fnr thirteen Years. Was there during tile tinte
! pgrio1at wns member Of tho llrln. Was stlu-
| pins-eicrk In 1874 and 1870, Did not know
| during that period. No receipts we're tnkcn from
| tho county. but that was in ordinary business.
| kupt back in which wcrc entered tho goods
hy'u baek f19tn tho county. T.. Dia M @ 1ot know
kept back wcro In the book. na had not noticed
tho prices Dry goods and clothing ca1lc In
cases, md llc delivered them. ne never spoke
H aICas I'm ii reao ragoa' Aer ts PS1sy liz
left tie stare, he had no further use for tic
book and took IL homr. pcrolat diun't know
that ie lad It. When he was snmn'nned to 70
before tic tira,,l Jury pcrlu!at dIln't seem
own protection. Pcrtolat told him what por.
tim ot goods to keep buck, hut lc could not tell
| whether onc.th!rl or one.hulf OF what thu rcqui-
| slttors called for were nut sent.
Air. SWEET naked, on behalf Of Carpenter. TINT
| alI tho evidence taken In the abscncc Of the
Jury the other day might 70 In to show tho cir
ct,li,atnnces under which Carpenters testimony
| VIA secured.
Tho prosecution objected. and tho Court sus-
| tanned tho objection.
Mr. Taico.t WAS recalled, md testified TINT he
| got tho book Of shortages tro''l Carpenter. and
Eave it. to Judge >Otis, tho Foreman OF tho
The jofenso admitted that tho book was lost.
Air. Bprague testified TO making
| A COPY OF TIE HOOK
| when II WIS In tho possession 0E tho Grand
Jury. Air. Doaue and htpisoll compared 1t With
Mr. storrs offered the copy In evidence.
air. Hmlth Objected to the book Itself, and
also to Sumo OF the entries, since they wcrc
made previous to tho finding of the Indictment,
and we're, therefore, barred.
Mr.. Htorrs did not propose TO read any OF tho
items objested to. but bir. Smith objected to
| Tin objection WR& oyeTIi.GG,
The entries were then read. They showed the
quantities Of gootls kept hack In l814~5-an
1S5,1Sss sss s qEsiSsp;,y' Eisy' probably worth between
Sir. Tatsott 's was recalled. Tho defense Oh
iected, untl Eaycd the point.
Witness saId that sweetzcr wns before the
fo was s,,bjsenaed "a witnoss. lie was exam
iuel in connection With The subject of fnVtstlGa
tion.
Q.-NhAt did he aayl ...-....-
| Objected to; objection oyerrulcd, The cour'
sayfug that II must frat be shown whether thert
was my charge atalnat him.
Witness sall there was no charge agatns
sir. O'Drtcn objected to the testimony. The
burden VI proof vas On the prosecution 10 shon
that The confession was voluntary. lie was pre-
pared TO shuw TINT Swcctxcr WIS promiscd Iul.
munlty before he opened hie mouth.
Witness knew nothing about That; t;o.,.,.n. -,
better do what he proposed.
aweetzer was then sworn. He said he wa
eubpGnaed 10 20 before tho Grand Jury. iat
| q conversation With 6tatefA.AttuTncy Heed be
forc he went IN. and Mr.. Heed
! PROMISED HIN IMMUNITY.
CYoss.1omia<d: Was not called on ~ wit
ness at any OF the trials. Mr.. Heed had ITO
asked him to appear. lie had never refused u
testt,y. The arrungcment WAS Ma4o II tn
courtroom. Alr. Heed said II was better 10
hlln 10 testify, or elts he would DO sent to th
penitcntiarY.
Air. Storrs put MIR. Heed OIL the stand.
| alE. Reed said be WIS States Attorney Il
May, 1876
Q.-Did you vefpromlse immunity to Sweet
zcrt Al did.
Q.-What MAS tha language you usedf A.
. Ile had been before the Grandaury, u ! reco
1ert,-! may not be exnet aba,ut the order Q
tlls sycuts,-out lny memory Is that hu wa
before the Grand Jury an! did not swear t
/ snylhIng, or rvfused tu testify. THIN k!anbeEl
! turned States cyltencc. and Swectzcr Sas cou'
!, Hua!eattd with that night. mud tAe ncxt noru
. ing Us ea,na aud saw, ma.-l don't knos
/ whether It ~waa In tlc courtroom OF t
/ | my 0ttce.-and falkel to ms about II