National Republican., 1877-10-06
WITOWSKI'S LOGS.
Firm DAY OF THE TRIAL OF THE
CONSPIRACY CASE.


Is Closed, and n Motion for tho Discharge
of the Defendants Is Fntcrod-Mr Carpen-
ter 1. Len In tho Middle of His Argument
by tho Adjournment of the Court.
The false claim case Of the United States vs..
witowski was resumed In the Criminal Court yes.
terday morning and the defense, having closed Its
case soon after noon entered motion to discharge
the defendants.
THE TEsTtMoNY.
The court having opened at 10 o'clock the prose-
cution called II. NJ, Rodgers who testified concern.
the logs used for the Nashville Notifications.
John l. Thompson las he said, IN answer to Mr..
Wells question as to his name, Thompson with
ap.') Witness has charge Of the settlement Of the
accounts Of engineer officers, and had charge Of
was produced.
Mr.. Carpenter objected that the payroll was not
ment ne more makes them Si eScnee Ss b.n PsPS Scy
were In hotel. There Is no such
sANcTlFYING INFLUENCE IN THE TREASURY
DEPARTMENT.
as that Department can create evidence by vaceIn.
alton. lIauphterl
The Court said 1t did not think the paper could be
read
Gen. Wells was satisfied with that decision. as nll
the adavits Of the defense were Of the same char
acter and would be excluded.
Mr.. Carpenter hope that the District Attorney
VIII make no arrangement with tho Court to ex-
The Court said that Of course no paper would be
excluded when offered by ono party and admitted
when offered by the other
Gen Wells. I am satisfied with that
MI: Carpenter. The District Attorney thinks that
Some further passages Of words occurring at this
point Judge Macarthur said these rcpartces might
amuse an audience, but they were likely to bring n
show.
MI, Carpenter. hope the District Attorney will
Judge Macarthur hoped there would be an end
of this. at may" he said, "Rratlfy an audience.
but Is not the thing for court alluded to this
matter matter yesterday and trust may not have to al
Mr., Carpenter urged that before the close Of the
trial the defense would show that Captain Morton
got into trouble with the Government because he
had made an improvldent contract with Witowski,
and would be ahsnrd that his statements M or those
inal trial against Wltowski. He would naturally
desire to shield himself
The evidence was ruled out, and the y.roll
M, Mcfarlan, late attorney for wltowskl, was re.
Gen. Wells At whose request did you draw that
affidavit lBrummcrs aflinvitO
Mr.. Wilson. stopi Stop!
as counsel, and Mr. wtowski as client, were prIvI.
tween witness and counsel is protected rs priyi'
legged.
Drummer ask you to prepare the afiidavt?
Witness. No. sir.
Mr.. Carpenter That acquits Drummer.
Gen Wells. The witness wishes to ask Mr.. Wilson
Mr. Carpenter. We must have trial Of both
sides Of this question your Honor. and Often as
the District Attorney pipes unto Us. W. shall dance
Gen. Wells have behaved very decorously.
The Court. Let us W on with the trial.
Witness then proved v .owskfs endorsements to
sundry vouchers, &c.
WITNESS WHO KNEW NOTHING.
p. O'Connell. Witness resides In Dayton. Ohio,
but was at Nashville In 1857 as commander Of a
UNI tp
ton there wtowski asked him. in this city not
long since, to give a certificate OF the Justice Of
~ claim N ana Of hs loyalty Witness gave Ger,
General Wells, Ito Mr.. Carpenter) Cross.examine
Mr.. Carpenter Call somebody that knows some
thing about the case.
General Wells. did not hear you.
Mr.. Carpenter I said we only wanted to cross.
examine those witnesses who know someth thing Of
the case We don't wish 10 crosseSamine.
The court took recess until one O'Clock.
Amer recess the prosecution resumed its evidence
and called James y. Delano, who was deputy Sec
Snd % comptroller Of inc Treasury cas- I AND m s testsd @ that
tween Witowski aud Captain Morton.
The persecution introduced the commissions Of
nseT otiicers at Nashville In 1929,
Mr.. CARPENTER Is Gen. Grants commission there9
Gen. Wells Gen Grants commission is not there.
Neither Is yours
Mr.. CARPENTER. Is yours9
Gen. Wells. will answer you according to your
folly.
MOTION TO DIscHARGE.
As soon as Gen. Wells announced that the test-
mony In chief was closed Mr. Carpenter moved to
discharge the defendants to the Indictment lie
based his motion on the ground that the indict.
ment was not In general terms for CONSULTING to
present false claim but was for the specific ofense
Of meeting In Washington and then and there
conspring to present false claim" and that there
had been no proof whatever that the parties TO the
indictment had ever met anywhere. or We're even
acquainted with each other lie said he did not
pretend to say that the allegation Of the meeting
was necessary To an indictment but he did insist
that II the meeting was alleged rs the act Of
spiracy, 1t was necessary to prove the meeting he
fore the issue could be found against the defend
ants.
Gen. Wells In reply. quoted MacArthur's reports
and other authorities TO show that a meeting Of
conspraors was not needed 10 establish con-
spiracy.
Mr.. Carpenter responded that while II was not
necessary to acge the meeting, yet II the meeting
Is alleged II must be proved.
Mr.. Carpenter said In his argument: "If your
Honor should consider this evidence of conspiracy,
will feel Il my duty to take my hat and start for
the penitcntiary at once for have done the same
every member Of Congress"
Before tho close OF the argument the court ad.
al