National Republican. (Washington City (D.C.)) 1872-1888, 1879-02-08
sam STR0NG'S CLAIM.
the Arguments Finished and the
Case Submitted.
MIR. Riddle INDUCES In Few Personal Al
lusions-And Reviews All the Peculiar
Phases of the Case-Brothers But
Ter aud Cook Accused of Sec
saving - who Has the
Right to Say, SC.
Tho Strong Suit.


The Supreme Court chamber was crowded
again yesterday to witness the proceedings in
the suit of Samuel Strong against the District
Of Columbia.
Mr. Riddle resumed his argument and re.
turned to the action taken by the Board Of
Audit in the case. He corrected his previous
statement, and said that $4,000 had been al
lowed by the board instead of $4,000, of
which 81 700 was paid in cash. Out of this
amount, OH order Of Mr.. Strong, 5000 was paid
to Mr.. Totten aud 81 900 to Mr.. Cook as coun.
sci fees.
Mr.. Coolrsaid that was not in the record,
and could be satisfactorily explained.
Mr.. Riddle replied that the whole matter
was brought in by the pleas, and could not be
dismissed with waive of the hand.
He then took up the subject of the certificates
of Indebtedness and claimed that accepting
them, with or without protest, placing them
upon the market, and negotiating them made
the holder responsible and put him beyond
being entitled to the benefits the claim sets TN
Furthermore, he claimed that no such protest
ever existed. Search had been made, but the
original could not be found and all that was
brought in was a purported copy furnished by
the plaintiff himself, who swore to its verify,
but beyond that no evidence existed as to its
ever having been drawn and served.
There could not be interlected into protest
matter which changed its whole meaning aud
character, put there by intentional forgery and
supported by deliberate perjury. II he was
right In his construction of law. verdict
could not stand that was obtained through for
gerry and fraud, and in his view this was one
of these cases.
In speaking of the stipuations he said that
several controversies had grown out of the
case There was the first in relation to the
auditors report. The leading counsel in the
case had agreed, but it was difficult to tell who
was entitled to that distinction. For some
reasons it should be Brother Coul and for
others Brother Butler, but in this instance it
might be more correct to class them together,
| two by two, like certain uncean animals that
went into the ark in Noah's time. The coun =
sci had agreed upon certain testimony but to
his surprise what Brother Butler stipulated to
| Brother Cook rcpudiated, and what Brother
| Cook agreed upon Brother Butler went back
upon. Thus they see.sawed through the whole
trial, these bright shining lights of the bar |;
and doubtless If their brilliancy should ever
| be questioned or compared 1t would require
| reference to special auditor to settle the dis
puted point,
| As regards tho composition of the jury, he
spoke of the reflections made by Mr.. Blu tier
| upon one of the jurors excused, because he was
in tho District employ. He said that he had
done all he could to get the case out of court
| UelOrc JHe Vi jury was ever TcHCneu,
| and it was scarcely probable that any attempt
would be made on their part to corrupt ajury-
man. If the papers in connection with that
| matter could properly como before the court
the light would soon be let in upon the trans
actions and show that the whole Of that move.
ment was inaugurated by the other side. He
believed that swearing jury, then excusing
members, and repatching the panel, invali-
dated all they did in trial, consequently the
composition Of the panel did not disturb his
side, much less Induce them to corrupt or at
tempt to corrupt any Of it. Going back to the
exceptions to the auditors report, he said that
after the court struck out the body of the case
lie compelled the plaintiff to go on with the
trial without q declaration. Trial trial was
the cry Of the court, and for why?
In that condition of the case tho counsel on
the other side came to him and his as sociatc
to help them out of the difficulty. They pre-
pared the stipulation and brought 1t to him for
his signature.
Mr. Cook wished to say once for all, wthou,
further interruption. that it was not correct
statement of the circumstances, and that II
would bear another Interpretation.
Mr.. Riddle said that copy of the statement
was made and sent to the gentleman, and hi
desired to have tho speaker see the justices
in the consultation room that had never beer
denied and would not be. After that the IA
nous stipulation was brought to him.
|
Cook, he said us that your name and you
sea! ~
Mr.. Cook-I don't deny it. 1t is.
Mr.. Riddle-Yes, and that seal Is supposed
to estop man from denying what he puts hi
name to.
Mr. Cook-That is matter of construction
only.
: Mr. Riddle said that the parties and no
the court have the right to say whether q cas-
shall DO tried or not. 1t now had become
question of considerable Importance, and mus
be settled. This case was the strongest on,
that could be made to cover the question IL
print. Here was one that had been slaughtere'
in the court below by the judge; the plaintiff
I asked to withdraw juror and accept non
i suit. This was refused and the trial ordered
q forward, despite the protest Of all interested
/ parties excepting the judge. As the caus
went ON other evidences were patent to shoy
that the plaintiff was not ready to proceed a
n he had no case, but by the capricious ruling
, of the court the declaration was amended AM
, the trial directed to 20 on. All Of this in tn
! face of the rule that declaration beisg amend
ed af ter a jury is sworn, then permits a juro
to be withdrawn and the defendant entitle'
to continuance.
Taking up the stipulation again, he said tina
it was fully expected that if the ccur
PERSISTED in hearing the cause, the entir
counsel was to withdraw and by thi
arrangement leave the case to the kindly car
of the law trusting to future adjudictior
But here was the remarkable fact Of an attoI
= ney signing aud sealing an agreement to sc
aside judgement and coming before the cour
= glorYing in the effort TO commit infamy
4 Chief Justice Carter hero suggested that pei
n sonalties would not be INDUCED in furthe
a than could be avoided.
= Mr.. Riddle accepted the suggestion an
dropped the subject. He maintained that hi
= side had kept the stipulation faithfully all th
, way through, while the other side had delibel
= ately and wilfully violated it,
> The case was then submitted.
, A superb Cluster
: Diamond Ring, containing five largo diamond
a for $40. Jacobs Brothers, 1929 Penna avenu