Daily Republican., 1879-09-18

1
him Hickman replied "all right,
am busy now, I'll attend to it in q
minute" Ithen stepped back to the
railing running alongside Of tho Jour
nal building /; kept my eye on Rey-
nolds. When l pointed him out to
Hickman, he was just passing the foun-
tain; when l reached the railing after
speaking to Hickman, Reynolds had
reached the front Of the tea store ad.
joining the City Hall, and there he
stopped and stood for fully four min
utss
watched him closely; did not see
Hickman make move to arrest him
during that time. After standing in
front OF the tea store for fully four min
utss, Reynolds passed in and lost
sight Of him. afterward walked up TO
the corner but he had disappeared.
Mr.. Sparks was with me at the time and
saw Reynolds standing in front Of the
tea store. The Squire asked the wit
ness several questions, but nothing new
was slicited, Mr.. File reiterating the
same statement.
Mr.. Lure then cross-sxamined the
witness at some length, asking him in
Vulnerable questions as to how long he
talked to Hickman When he first saw
Reynolds? How fast he walked How
long he stood at he tea store ETC., to
all Of which Mr.. File returned answers
corresponding with the above statement.
To question by Mr.. Lore Of why he
took the trouble to inform the consta-
Bile about Reynolds, Mr.. File replied ~
did 1t sir, because thought 1t my duty
as citizen" -.,
Thomas Cloud was. the next witness.
lie testified that he had called Mr..
Files attention to Reynolds, and short
~ after Mr.. File and Mr.. Sparks passed
up the street after Reynolds, he had
followed them and saw R-y nolds stand
ing In front Of the tea, store. He then
turned and went back to Adams 4
Bros. stols and waited tor Mr.. File and
Mr. Sparks to return which they did in
about fifteen minutes. ......,-
This witness was put through the
same course as Mr.. File. First the
Squire asked several questions and
then turned him over to Mr.. Lore who
lrross. .ex aminsd him at some length.
But the only change made in thewitn-ss'
Testimony was that it was given piece
neal in answer to the questions as the
answers oorresponded strictly with his
first statement. trR
Constable Patrick Neary-Was next
called for the defence. Patrick walked
up and had taken the book in his hand
to be sworn when Mr.. Higgins rose and
said that he wanted TO say Just here
that whils he did not claim to act in
the capacity Of public prosecutor or
assume any Of the pereogatives of the
Attorney-G General he would like with
the sqaire's permission to say few
words in answer to the argument 0f
Mr.. Lore, made at the beginning Of
fthe proce sdings in reference to the
right Of the complainants to be assis-
ted by Counsel Squire Cole-certainly
sir.
Well, resumed Mr.. Higgins, my learn
ed friend cited the Booth case to prove
that complainant had no right to b.
assisted by Counsel of his own selection
in the prosecution Of case, and want
to call the attention of my learned
friend to the fact that, il his argument
" re true, Daniel Webster would never
have had the oportunity TO have made
the famous speech which 10 did in the
Knapp case, which won him so much
glory and renown, and ! defy my learn
ed friend to point out to me single
law anywhere which prohibits a citi-
zen from having tho assistance Of Coun-
SCI in the prosecution Of his case. In
England, and all our common laws are
founded upon English law, 1t is not
only allowed but 1T is the invariable
rule for prosecutor to employ Counsel,
and it is only in crimes Of the gravest
character that the prosecutor of the
Crown claims that p.rrogative as his
own.
Why Mr.. Squire, continued Mr.. H.,
citizen can come in here and bring
wLsIs volume of laws to assist him in
mis- case, and he can lay the books be-
fore you and call your attention to any
particular paragraph in them,if he is so
minded. Mr.. Higgins cited several au-
thorities to sustain his argument, and
stated that it would se q physical i'm
possibility for the Attorney General to
attend ali these hearings, and yet his
learned friend would have us believe
at unless he did this thing or appoint
I'd deputy, the defence might employ
learned counsel and examine Witnesses,
but the prosecutor, the man who was
wronRed, ,could not enjoy the privileges,
hut risk his case without them. He ap-
Lealsd to the reason Of the Justice in
tho matter aud left it for him to decide.
Mr.. Lore in reply contsnded that no
one had right to act as Counsel for
the prosecution unless the Attorney
General invested him with that author
ity, and again cited the Booth case,
and said something about the hired
Counsel, leaving the inference to bo
drawn that he was talking for levs,
while the rest were paid for II.
Mr.. Bradford replied to Mr.. Lore
stating that he WAS Of the same opinion
as Mr.. Higgins on this question. as
wa interested in this CASE ~ he wish
ed to see violations Of the law punished
and he claimed the right to counsel
the prosecution when their rights were
endangered.
Mr., Lore-All this is sort Of re-
nection On my friend the Squire, y much
as to say that he dossn't know his bust
ness.
Squire Cole-This is all unnecessary
argument gentlemen, q witness or
complainant in case before me may
have ali the Counsel he wishes to aid
him but shall make my own decisions
nevertheless.
This last sentence from the Squire
caused shuffling Of the pedal extrcm-
~, =. .Lo r.ar IN the way of aDDlauS0I