National Republican. (Washington City (D.C.)) 1872-1888, 1878-02-04

HEARING THE CASE OF MIR. o. g. LOWELL.
The hearing in the cases Of hdbeds corpus taken
out in favor of o. g. Lowell and George Taylor took
Place before ChicEJustice Cartier last Saturday.
General Benjamin =. nu,ler and Nathaniel Wilson
appeared for Mr.. Lowell, Colonel William A. Cook
for William Taylor, and MIR. Horace NJ Hastings
Assistant Attorney General, and District. Attorney
Wells for the Government. The case Of Mr.. Lowell
was first proceeded with. Mr. Wilson taking the
stand that a was not clearly made out against
the TClatOr that the warrant OF arrest was not issued
on any proper EI"und or for any probable cause
He proceeded 70 read The allegations. showing the
conflict In dates and avermerts. The conspiracy
was charged to have bccn made June 10, 1874, and
the Judgment In the claim was given May 49, 1874.
almost one month anterior to the time that the
charge ofc1nspirdcy was laid.
Pending the persecution In the Court Of Claims
the firm of Noblow Co. went into bankruptcy and
Henry Pcychaul became assignee, and came with
the case before the court by an amended bill He
subsequently was indicted for receiving and dis
bursipg the money aud applying $4,000 to his In
yldual n,G aud Ta't in pursuance, Of the con-
spiracy; that Frederick q. Hope made false OATH
TIE CONSPIRACY
Is alleged 10 have been entered into Jnne l. 1874
aud nothing was done Subsequent 10 that time IL
turthCrlncC ola conspiracy, except the receiving
Of the money by Henry rcychaui in this city, and
the allegation Of his having in Louisiana, Gppropr
Gted $4,000 Of II to his own Use.
The counsel showed that Mr. Lowell had not
.bcen In tue state Of Louisiana since tho year 1868
nd New Orleans since 1910.
sir Wilson read tho opinion OF Justice Lowell, of
MaSsachn 'ctts, in the case Of r. O. Pope, where he
evidence and said that theis was the stronger ease
from the fact that Mr.. Pope was charged with per.
cihc charge against him, but was indicted for COM
bnins To conspire with others IN this city to secure
the successful prosecution Of the claim.
District-AttCrnCy Wells said that he would show
that the conspiracy did not exist at any particular
time but that II ran both previous and subsequent
To the securing OF the Judgment in the Court of
lT tNI ant
the pivot on which the whole conspiracy revoved.
lie then proceeded to define what was a con.
spiracy under the statutes and so far as the crime
was concerned he asserted that the part played by
the intcrpo.it!On of the Court Of Claims could be
len out of the question lie maintained that !f any
person took TINT void judgment with fraudulent
knowledge and prcsentcd i to the United States
Treasury for the purpose Of drawing the money
the law to trial and punishment
Assistant Attorney General Hastings argued to
show and cited authortics TO sustain him, that
pleading the statutes of limitation was neither
plausible or suPpnsable defense.
GENERAL BUTLER
closed the argument. lie said the Government did
not seen to know under what statute the indict.
nleht was drawn, and the rclato1 WINS lust
as ignorant lie thought Il should be looked upon
as an ahdaNit and the only question 10 be colsid.
cred was he one whether or not there was sun
cient evidence under 1t 10 hold the party The
question Of removal had got mixed up with the
IendeTng 81 ugilNcs from justice, and he dwcit at
be drawn between the two eases.
! The VINO 10 matter of cXtradltiOn never contcm.
plated such pIocGr, l.ngs a. we're then IN progress
II Mr.. Lowell had been arrested aud admitted TO
| bail, he wanted TO know where the court found
authority 70 send h.m from this jurisdiction. The
| fact was, the whole thing resolved itself into the
legality of ihg urlcsi. lie made the point that Mr.
Lowell, being under bail, the statute contemplated
that his bond wuuIl carry and deliver him to the
court before which he was held to appear and that
the Chief Justice had no power 10 order either his
unrest or dcliycrancc n3 the p0wer was exhausted
under the statute, when ball was given. He had
! spoken more NJ length than lis case needed, but
| nobody knew
WEo'E TURN WOULD COME NEXT,
and they HAD bet get this matter straight now
b The law did not cont, mplnte that men should
be dragged IT In ul.ir homes To places where they
had never been 10 answer for crimes they never
committed. Nubudy wanted TO 60 there (Scw Or.
lcamsG nobody Of good taste would remain there,
and the only man OF good taste that he knew of
docking al Mr. r. j, Dunnp had come away from
there.
The court regretted -Shst he could not continue
| the investigation 10 the end but would be com
PEELED 10 postpone the case Of Mr.. Taylor until
Saturday next Al ten II. III, IN the meantime, how
ever he would give q decision In that Of Mr..