, 1879-02-02
means when It speaks Of cases coming before

3 SUNDAY, FEBn OAh L
means when it speaks OF. cases coming before
him.
Ar. Kuott-n the Indictment had been Re.
turned into court, supposing both counts - "
the same, and the Government A11o1nsy nelu .'
the proof OF his failure to make liuc let
Inc year SO stated! -s ,th,,+
"Yes," interrupted Judge Drummond' put o..
would it not come up as quest'oh upou ~ t1e
trial what were tile cases that came osloi0 h tot3
during the year as to "nen !,ed+ nv iononage a
made returns? What did that laueuase las :
of the sta1ute mem? / think that
would be the very question in the case - t.e
language Of the statute clearly meant, W eases
coming before him, all cases when nau ~ hos
only been commenced that year out "n.Sn S ,'+o ~
which he had received anything whatever, G WY
then, Of course, be, as I understand IT, nao mol
| made true return"
Mr.. Lapham observed that the criminal plea
1oliowed I'trs the languase Of the ''a'o'e 'A'o
Mr.. Goudy-s' wish to ask you II you olan. lo :
get your knowledge Of the intention to indiSi s,,
Mr. Hibbard through the public ue"spapels:
Most probably, for think the newspapers
were very full Of everything that oGcutrsu ter vi
lore tue Grand Jury at that time" l4ausutet.l
Was that matter OF consultation oet"eeu
Judge Blodsett aud yourself |"
II am not sure that it was, except IN the way
OF accidental remark. I don't think anvtn!us
was ever saio by way OF advice or cohsu'tat'on
with him prior to the time have mentioned
but it is very likely that it may have been men-
toned"
Sand you of course expressed youlr. condem-
nation on the question OF publications. -
"Of course. The newspapers seemeu ~ 10 y
Know every thing that was gong on oeaol1 ~ =
Grand Jury, 4 thought [Laughter.l judged
SO from the repOrts.n
Mr.. Lupha m-Ihe question is, Whether you
spoke In dfsapproval OF the publication IN tna1
interview with Judge Blodgett?
II think did. sir. certainly and most em~
phatically didzlisapprove OF it.'' .......-,
MIR GoudyT did you not express o1sappfo'all !
to Judge Blofgett at the protracted sessions OF
that Grand Jury?
II think Lil. T think repeatedly. asked
him how it Was the Grand Jury WAS SO lou. III
session, aud II there was any necessity tor IT,.
H.. "Do you rfcollect the provisions OF the act OF
Congress authorizing Judge to discharge
Grand jurys1'
"1es, Sir.
"Do you rfcollcct the seetton!"
Yes, sir. There has been Il law OF Congress
for twenty FEARS giving the Court full dis
cretionary Iower as to sumulonlug Grand
Juries, or as TO the time that they shall be IN
session. OF Eourse, it is judicini discretion"
Mr.. Goudy|esked the Judge to read the law
on TINT point and the Judge readily turned to
Secs. 611 and $50, Revised Statutes, and read
them. The t}rsl-named section relates to sum
moninq Grand Juries, aud the last was at-
thoritv for Judges Of Circuit, District, aud
other Courts| Ito discharge their Grand Jurles
"Whenever they deem the continuance OF the
sessions OF such jurlcs unnecessary"
Ibid YOU express. any opinion to Judge
Blodgett," Ac asked, sin your conversation
with him Us to what would be the duty OF the
/ District-AttoFner in regard to withholding the
Indictment in the event that the Grand Jury
persisted in Having return, under the clrcum-
stances which were presented to you"
II don't think that did, sir.''
Col. coopdr-In order that the record mar
show clearly, as I understand, Judge Dr1ln-
mond, this Indictment is framed under tue stat.
ute,-Or rather under the construction OF the
statute which Judge Blodgctt gave III your pres
ence that afternoon: that IS to say, it charges
him with not having returned all tile fees, costs,
and enolunlcnts OF every sort earned or re-
eeiycd durinI the year in cases coming before
him during the yeari'
II didn't state that this indictment was
framed under the construction given tile statute
By Judge Blpdgctt, but said it was Trained
under the language Of the statute"
$50 that il Mr.. Hibbard had not returned all
the fees ceefyed during the year in cases conf
mcuccd during the year, the Indictment would
be goodf" -;
II think sd, sir, Is far as have read it; be-
cause understand that tile part which have
read alleges that he did make return, and was
bound to make return. aud denies that be made
q true ,retur1 OF his fees and cmoluments in
cases coming before him during the ycar.''
" As understand, you gave consideration
particularly to this question In that interview
with Judgel Blodgett: that M officer
for q eonl l1ruction M OF epfi,s4 THE law, which
Judge Blodgftt had given to him, and that be
in good faith had complied with tllat law, aud
having vioat9d the law, .wh9rea. he had COM
piled with thu construction that Judge Blodgett