National Republican., 1877-09-24
THE SAWYER TRIAL.

5%Er !:Ss I M&kIs hS SEFfSnTToHSyE riik
lSbl' TMl:NT QuAsHEp. But FAILS.
The trial of Sawyer. Brooks, Haines and
Roddy for defrauding the Government was
continued before Judge Macarthur, in the
Criminal Court. on Saturday.
The Government rested its case with the cx-
animation Of another witness from Lewis
johnson & Co.'S bank.
Scvaral motions tending to the quaShing of
the Indictment were made by the defense and
these being denied they opened their case with
the examination of two witnesses
THE PROCEEDINGS.
The prosecution continued its testimony and
called the following witnesses:
Daniel e. Walker: Witness isa clerk In Lewis
Iohnson 4 Cos bank and testified TO the deposits
by Brooks OF the amounts given In the last report
Of the trial. There were two accounts, one OF
Brook" aud the other of "Bro9ks' supcrintcnd.
en-, Gnt The iir tGrcomn! ran irsm 1873 to 1876, and
Mr. wym,n made an explanation Of his test
mon, given yesterday. and the prosecution here
Counsel for defense moved 10 exclude all tho
testimony AGAINST each one separately which had
hccu admitted. with the understanding that II
connected with tho cnmspirnCy.
This motion was argued hy counsrl for Tho M.
ton by ,cn.WcI> In opposition. and then by Judge
The Cnu:t sad thn, the evidence had Lccu ad.
lnittcd only pfnristnnnlly. aud as = Mr l!r"oSs.
but was admitted a. in MT lIsincs.
Judgr Fullerton. OF his point entered q motion
~ dsschnrEr, Mr. Brook Oh the ground that tha
ind dCtmrnt did n"t charge any nhruS" whntrTer.
The motion wHs nrsu"h by iu lgc ulr;tDn lnd
Con. Wells hut the Court declined to grant II al
this time. and nrcrrulcd II for the purpose Of allow
Ing an exception.
Counsel fir defense then moved that
THE INDICTMENT III Q''NSHED.
hccnu.r 1t combined in one chCrgC two scoarate
utlcuscs aud two ClHsScsOf alleged nf'ndcrS-rue
ella nicely private citizen, aud the Dthnr ON
charged " tI an Ofct,Sc rs officer. NnutCstly
thc." two ''n.'c. nf rrimc could noble made the
subject ni sing,c barge.
Judge Fullerton alSl submitted III ninr similar
In effect aud he urged that the invalihitv Of the
indictment was shown by the absurd result which
woul III follow conviction for aS one Of the counts
was based on sect nm 32.S lni the other un section
iil Of the Revised statutes. and u the pcnally was
different In each clause. the Court on verdict Of
guilty aS indicted would I've unable ~ dctorn!uc
what punishment should be inflicted. For himself.
ifall the counsel would consent he would be will.
ing to plead guilty tO this indictment the short
est way Of showing It's nhsurdity.
Gen. Wells. You will then p"nd guilty.
Judge =. 40 will not. la ightcr.
The Court held that the two counts In the indict.
| mcnt showed no such variance as would authorize
| the Court ~ q'iaSh H. and 10 ovcrruled both the
motions Of the defense
THE DEFENSE OPENS.
The defense hero called Judge 7. W. Hartley.
witness was counsel for Page and the Commercial
with the Government, out OF which the Brooks
| Roddy claim arose. In the summer Of lSiJ wit
ness obtnincl the release Of Park man Page Brooks
and others aud the matter was finally settled by d
negotiation and compromise. IN which notes 10 the
United states were given by Parkman and Brooks
These notes were given rs condition precedent Il
| the discharge OF Brooks and Parkman.
| Cen Wells said that the paper OF mpronlise wa
| already In evidence, and that paper showed tina
the order OF dismissal dated anterior to the cx
| ccutiOn Of the notes.
Counsel for defense said that. although the order
was dated before the notes, yet II was not carried
| out until afterwards.
| Gov. BARLEY then testified that these notes wcr
| signed before tho signcrs We're discharged from
| custody but they were not In the actual custod!
| Of nh officer at any tine.
| Nathaniel OK, the next witness. Is an attorney
Ht-lAw IN New York; and acted a. Brooks ATTORNEY
| in hi hankruntrr ease
The Court declined to allow witness TO state an!
advice he gave Brooks, aud, although Judge Full
lcrtOn undertook tn give reasons for u change IL
| the decision. the Court adhered TO its Judgment
Rnd shortly after O'Clock adjourned until thi
morning.