National Republican., 1878-10-17
SUGG FORTS FLOUR.
Continued from Fra Paos.l ]

to admit they are numerous; that their testi-
mony Is direct and positive to the most import
ant facts, and that they profess to speak ofwhat
they themselves did, knew, and saw.
Against this should be able to produce, rs
l believe, q large number Of honest and in-
tellgcnt witnesses, who lived In the neighbor.
hood, and who had good opportunities of know
ing whether Fort had the -four, and also
whether II was taken from him. These wit
nesses would, have no doubt, testify, as they
have already done, that they never saw any
very considerable quantity Of Hour In Forts
possession, nor any -four removed by Govern.
mont teams during the period mentioned.
This testimony, however. Is wholly'negative,
and therefore, by itself, not only almost unlyail.
ing, but the affirmative testimony might still be
true; and this testimony would only establish
the fact that these witnesses did not see the
transaction.
THE records Of the proper military offices
ought to have afforded testimony In such an
emergency that would establish the truth OF
the transaction. In this case however, they
not only do not do It. hut the receiving COM
missary to whom Mitchell says the -four was
delivered long after tho event, and just before
his own death, as am informed, certified that
he did In fact receive the ilour.
AT this point the testimony of another wit
ness, Charles II. lron, ought to have been of
use, as II was that officer who furnished, u Is
said. the teams that drew the flour to Nash
vile. On December II. lS7i, he wrote a letter
to Mr.. BENJAMIN on this subject, In which he
said he had about three years before witten to
the Commissary. General dcnouncing the claim
as fraud out of whole cloth. If Captain Lit.
tie has given any paper that would give this
claim any color, II must have been immediate
ly before his death, when he was, In fact, in.
sane
This witness have never been able to
procure, although every means was used to
bring him here from Texas and also from
Southern Colorado. He, It will be observed,
mentions no facts within his own knowledge;
hut on the 2lst of August 1875, he wrote
letter, In which ho said among other things;
I cannot conceive that my evidence would be
of any use to the United States In the criminal
prosecution
IL have thus stated briefly the evidence
and sources Of proof for and against the Gov
crnmeut. Wcre this civil suit, in which the
jury are authorized to weigh tho evidence and
decide for or against the Government, as 1t
| may pTepOnderate on the one side or the
| other, / should have hopes of verdict
| in favor Of the Government and against tho
| claim. But in a criminal cause where neither
| preponderance or any degree of merely pre-
p0ndcrating evidence, which docs not remove
| all reasonable doubt will warrant n verdict of
guilty, but where 1t Is the duty Of the jury to
acquit IL they have any reasonable doubt, |
am compelled to say to the Court that | have
no expectation that a trial would result in a
| conviction of any of the defendants, aud |
therefore deem 1t to bo my duty to state these
| facts and ask your Honor to instruct me
| whether both the causes should not be mol
pressed"
General Crittenden-I would state
His IIonor-The court cannot hear anything
| on that side; this is an eTpartc case. If the
| District.Attorney states to the court that case
| Is so doubtful that he cannot convict, Of course
| the court consents to a nOhe pros. 1t is his
| official duty to prosecute crime, and In any
| case where he is satisfied that the result of II
prosecution would be an acluittal. Of course
| he is right to ask aOiIe pros, aud the court
| will always give leave for 1t to be done. As
| he says that he believes trial will result SO
| the upNf pros. may b. entered.
General Crittenden-I wish to say few
words, II the court will permit. That these
parties have been indicted for three years, and
that this man Irwin
District Attorney Wcls-I must object. !
have taken this suCtion with great deal of pains
thoroughly convinced of the guilt Of these
parties, but also knowing my inability to con.
vic them.
General CIittenden-If we had Jarvis on
tho stand n different story would be produced
know something O5Out him too.
The CUurt-A feature in the case and one
that would strengthen the prosecution, is that
the civil suit in a country where all the wit.
nCsses were accessible terminated with a yer.
dict against these parties, showing strong evil
dencc against them.
The counsel then retired from court, and
the criminal trials progressed.