National Republican., 1877-10-13
: A HUNG JURY
OYER WITH kOWsKrs LOGS
AND CORD WOOD.

The Defense Surprise the District Attorney
Submit tho Case without Argument and
Cut on Ills Closing spccch-A Disagree cinp
Jury and No Verdict.
The eleventh day of the trial of Julius Wit
fowski, indicted for conspiracy To dcfraud tho
Government took place yesterday, before Justice
Macarthur
As rebutal evidence the prosecution put upon
the stand Francis rcarsoll, a cousin of Capt Nor.
ton, who was in Nashville in December, 1862 re.
msined three weeks, and then accompanied the
Captain to Nurfrccsboro'.
Tho prosecution put in rebuttal the following:
Henry Douglass, clerk IN the AdJuant Generals
Once, in charge Of the rolls He stated that there
vas no order directing Capt D. G stewart to rcport
the Cumberland, but an order was found styling
him as captain, and directing him to take charge
Stewart signed himself ASSISTANT engineer. The
order book showed irregulGriiy, and that some
things were omitted from the book
Mr.. John Randolph testified that he was assistant
clerk of the Court Of Claims He hal the papers
AM were filed in the case of Julius and Simon
Objection beirg made the evidence was ruled
out
Morton. He was In Nashville In December. 1867,
and remained there about three wecls. He then
went to Murirecs6oro. accompanying Capt Morton
not recognize him In the dock.
The Govcrnment then offered IN evidence papers
eNnlbltS Ot the clam, 10 Wntn tp defense objected
as not being rcbuttGl but direct testimony
The Court to1k this view Of II and rulel the
evidence out.
lect Capt. Morton going To Nashville although he
might have made visit there, lie had charge Of
not swear that Cant. Morton did not go to Nash
willie amer he fiSt cn.
John Fox testified that he dld not know much
about the military. The land uf Thomas Hardin
was within the picket line part Of the time, and
other times they hnd to 20 through the lines
y r Campbell testified as TO the location of
Pcarcc tiorman testified that amer Morton lef,
Nashville he remained ut Murfrccsboro' until the
Gen. J. u. Bingham testified {" paying wltknwski
for cord wond In the fall of 1872 f,r the trrops ut
Nashville. lie paid about sI2OOo TO the contractor
The testimony was objected to and stricken out
This Terminated the evidence.
The de'cmsc presented along list Of Instructions.
which they asked the Court 10 give the Jury They
were taken under Rdvscmcnt.
Assistant District Attorney II II. Wells IT, made
the opening for 'he Government,
When he finished his address the defense stated
that they would submit the case without argu-
ment
District Attorney Wells objected. and claimed
that i was Gaze of magnitude. and TINT he ha,l
the riyht to close RiId did not propose that right
should lT denied him.
The Court nl that II was not only the practice
but the law that when the dCrn2C submitted after
the prnscculi"n,, opening then the aT:Gncnt was
bniSh"d He did not know Of any prHCtrC that
would permit The prosecution To open aud rl"Sc
the cause without reply from the other side
iHt l''I ll' ''llNt lhNtllG NtH'tlltl u
snswcr the opening argImcnt hr must declare the
argument C'iSrd. Ills Honor charged the iurv
anil they retired Rt 33lp. nj.
u WAS thought that when the lIrv retired thUir
deliberations would I've brief and that verdict
would be quickly returned IN favor "fthc accused
As time passed and no tlnyS UGlnN fron their
room, 1t herane evident that m early agreement
was out Of the question. His Honor In the court
house. rCmRrkiI,g thEt II they agreed upon a YER
dict and would send for him he would come lwn
and receive IT, provided It WIS hcinrc II O'Clock; II
was Hncr that time they r"nlh remain In their
V.n .itKfr . Ia - 81
bopeesSly divided and were preparing to MAKE
night of y. From all the information obtained It
believed that they stand nine for aCquittal and
threc for conviction.
Important Correspondence.
The following communication passed be-
tween Chief Justice Drake, Of the Court of Claims
and Justice Macarthur, Of the supreme Court of
his District relative to the production Of original
papers belonging to the > Of the Court of Claims
by the clerk Of snid court who had been subpTnacd
Sa witness in the witkowski case
LETTER OF CHIEF JUSTICE DRAKE
AT CHAMBERS CorRT OF CL.rMsl
The clerk Of the Court Of Claims has no authority
under process to take into another any Of the
original papers belonging to the files Of tho Court
o. Claims, in such way nS to put them In the Gus
tody and power Of such other court As matter
Of courtesy to the Supreme Court Of the District Of
for by that court, provided there be first made
complec list OF them, and that they do not go ont
of MS possession, and hc returned To this court rs
soon as they shall have been used there
c. u. DRAKE
Chef Justice Court of Claims
RESPONSE OF JUDGE M'ARTHUR
SUPREME COuRT DISTRICT OF CollMBiAl |
OCtober II 1877. |
Recognizing the comfy of the Chief Justice of
The Court Of Claims will state in reference 10 the
papers called for by said subpuna. that the d!rcr
hons set forth in the foregoing viii be fully com.
piled with should the clerk of that court respond
70 the same
With great respect ARrH Il MIrAGTIIIp
Justice supreme Court District Of Columbia |
In pursuance Of the above the clerk Of the C urt
Of Claims appeared and produced tho original |
papers asked for, still retaining the custody OF
Them.
The Analostan Regatta.
The fall regatta of the Analostan Boat Club
viii he held to-day beginning at o'clock. The |
course over which the races will be rowed will be
!he psue! one, beginning at point nearly opposite
the boat house.
The hrst rncc will be between two four cared
shell crews for the Presidents challenge medal
roved for In 1876. The crews will hc Campbell
stroke. Marshall q puirp Whitinu hnNV-- ppl,ry