, 1879-05-08

AAN t'.0 uc rh!il. III llHIH Tc)uVHl lilll NAs
ready Tor trin! at any. ttno and ron'llcnt Of
vlinlicatton, md l,e didn't want nnv dllatory
,no'lnnt. IN faet, Air. Reed was willing to !ct
1hS uofertlsneut 80 ahead md try to prove him
dict'ncnt rather than to haye any trouhlc
about it.. l3o had only ono fcar.--,l.at Mr,
Swest's ~, dseussion would carry ti,a Court Into
le sttcan Of lsynE to q,las ths indissinrnt. IT,.
motion for bi! OF particulars, hopcd tl.e H.
aictn,r,st, a. Jar ns hc was concerned, would 10
fahtnlnctl and Informed l!'e prosecution That 10
H, was ,wi,!g & 70 70 to tr! on Jug .am' mdsteh,
tacy might provo nnv conceivable criEie unt!Gr
heaven Under tho indictment, n,Et lle should ba
ready to ineGt Il. So runhcols Was Alr. Hill Of
Ills entire innoccsce tl!at he wantcd = nn'ler,,
stood t1nt lie was rcadr to Ie tried hero antt
now on thfs indictment. nr on MY rtiarGn that
int9At be preferred nVafnat him In connection,
Will, this Cnsto.li-liousc; af,1 flo {lsecd) would
venture to aay that there would not on partl-
slightest degree. II The Indictment was GlaallcA
hc wanted traI for Ills client. mud trtnt could
but result In .vintf!catlo. But lilll would not
have occasion tn ahow tlat hc was innocent, for
Eph,ty;s ~ su,.t ,x,n,o, - -, , ,ron, ,,t
MIR. uoyNE
got In ahead Of hin to rcitcrutc Ills nost[on TINT
there was nothing In the Indictment. Tint 1t wns
unluat To bis "poor" clients to try them un II :;
a,ld that, although thny werr, Of course, Innocent
tho only proper tht1g to do WIS to 1uash
1t. He .d!an't believe III coming. into
eourt co., and unstns ,i Into ,ne l'a,''ls Of
to wrtte OIL It what they noasrd. IL made no
difference whether the tndfrt,noh, WIS drawn by
MI "ablu journalist - or by ntt!tra representing,
the Governments. That Futctcnt Indictment
Ind not been Furnished wna U! itaclf conclusive
evidence tl,at no crime l,nti bccn commit tel.
Mr.. Swett fried 1t aEai,1, but was Interrupted
th!s tlme BY the Court who mildly administered
thu following
lEcTunE ON 0ofNu OUTSIDE OF rl1g RECORD:
"In view Of. what hus her, tad,' llo Oh.
served, III Is nropcr tint lfse Court should re-
mark tllat It thlnlks Il understands oxncty tic
position Of counsel III the ease. IL Bny he ,l.c
view ot one tllnt tlie indictment fs Insufficient,
md tint motion. to q'lash will Tic.
counsel 10 mike such motion, mt, when tho
motion Is nntlr, It IL lie duty Of tllt Court to
carefully coustler md determine whether or not
there Is put IN ior,n here Legal accusation. Any
OTHER counsel whn may tiftcr from counsel who
l,adu TINT t1ott0lI may ti'ake d ,,ntfUi, for ox-
n1nplc. fnr hill OF particulars md llns clear
right to nutc It, nsr! consider II to be the duty
Of the Court II rravcly a,ld carefully canai'leg
ti!e motions 'nnsic and tlle quesllons invoyed.
The Court thinks tllati It would le hotter fur
counsel 10 nyoltl nllusions to matters which may
be outside Of thss case. We arc hero to deter
mine this case us bess ws nlay, governing
which Will be- atiduccd Those arc tllcqurstlo,ls
to w1licl, we should address oursclvcs. and To
VI Mt, a.,s sas the discussion Of counsel Should
~ will add" sail Mr.. swctt, Ito what I
have already sald tlnt ", In ssalng OIL the qi,cs-
tion, there Is any stipulation tint ] eau enter
Tint will iactltatc tits trial am willing to do
It In my forn, whatever" .
stn. nourEr1.,
for the Government, aatd lie understood tlAt,
Whcro an Indictment was considered tho gcti-
esat, the Court might. in its dfscrcton, order
h!lD of particulars, anl tlmt all that wuulI be
required would be for tile prosecution to statu
The facts wttl the Bamc fullncAs Tint shry would
IN special cU,tut. NoW, they could state llnth-
i,l, liure than was contained In ti,e Indictment
without giving M. the easc. CONTRACTS would
be placed III evidet1cc, II 1t eane to trial. and
they should roIy upnn tho violation of those
contractB principally, for the fraud consisted IN
furnishing. bud atone for good, ovur-n,gasurc-
lncnt of stone, nnd getting doubo pay for hauling
md fur work never done. They cnnld nut stats
anything more tha,l that unless they gave tile
gentlemen Nh abstrnct VI tn evidence. mud that
seemed to be Just what Mr.. SWEET wanted. Mr.,
Duutcll submitted TINT that could not br re-
Huircd OF tho prosecution, nn, until tho hour
when tho Court ordered rcScss: he devoted
himself to tl,r reading Of an English authority
to back up his position.
.atst., cAMrng1J.. .....
.began Tic talking 1T Tho ntternoon. What he
would llayc to say, lsc remarkcd, -wonld nut rc-
late to the n1otor for Ga1t ot particulars sIuce
II beemcd to him Tint blst 4 small portion Of
Mr.. Swrtes ablc argument was devoted to ,lmt
,,otiol. In fact, Tie notuu ior oil OF par-
tculars Tas rnticr n ite nature OF atl auxiliary
motion to auuslI. lie had ma doubt 1t wns made
by Mr. Swell. Us counsel for p0tter, In good
faith, but II II slIpuld turn OUT Tint Mueller,
stills, nl,l Reed were atsn clients Ut Mr., Hwolt,
tile Court would understand why this long nr-
cument wus made, ostenstby on the motion for
bliI o particulars. but, In fhct, OIL the motion
to quasn. Mr.. Campbell then alluded tu sir.
SnGtns remarks OH the subject of patching.
Ills own position OH that score as tlmtf 'lc tn
dlcttncnt was not good enough to stuntl IA 1t
~as, I. couldn't, ho patched TO nuke Il any uet'
ter;, md, II hal IN thus iltst PLACE, patehlng
would make It quite W W0rtl'loss III tl,e patched
new Custon,-Iln.,ue. The real, grnys question
was, whether the Indictment WIS good or bad,
md this. Il sccncd to lin, was The question
Mr.. Reed. nfter Atr. Swctt lntl concluded lIts
argument, Withdrew h!s uiotlon 1or bi! Of J,ur-
ticulass. simply showed that, N Mr. Rsc.l's view,
Mr.: swstt's argument lad proved, too
WIS., %as bud. Therciore, str. Reed ed 'tii iii
not cnre to press his mutton. Mr.. Calnphet!
then called nstcntiOn to the argument Of Mr..
SWEET really uu The motion to q,sash, naturally
gulng uvcr much of the ground touched uppn
the llay before, mud ptnn!ng his fnIth 10 tu
section Of the statute untirr Which tfie intltct-
theut was framed, anl With wh!rl!: liz he
tla,meI It was IN full Mceort!ntee. Wllpthcr
Assistant DIatr!ct.A.torsey Thnnisun was oyor
nt, etlitor mt, cIt no figure fl the eAsc. 1t
might not hayo nl the artlstIc grace ot Rwett,
nnt it Contained n chasEo IT ctlssprary. nm',
furthermore, Hut nut tr lncans "n., usidur tho
stntutc, was IMPLY sufficient.
Mr. Swnts started nut tn reply when Afs.
mpbGtl nskea to llnyc It clearly understood
WHICH ur THE DEFENDANTS
were urging the motion fnr bli1 Of particulars.
The Court said l,u linicrstfod thu motion to
lave been made for Potter uiut I'LL, lllll with
drawn nH to tic hitter.
Mr. SWEET didn't 80 understand It.. llo Ind
Ihnt1t md urgueu thu molten for Potter, hut he
understood tlmt he was to ta!.e cllRrgo of the
question for The Others.
Mr. Campbell Kultl The motion couldn't apply
to Mueller, Mills, aud lfcG.t.
Mr.. ,frCngg, for l'urlins said that ho mas
usklnE for n bll Of particulars, but had left tic
urgn.neHs to SIR. Swett.
htr. SWEET proceeded to close his argument.
rc,nark!ng, itl Tic course Of what he sal that
ile az not want the evidence. Us Mr. Bou.cli
ANYBODY denied his right to llaye wllns hc
wan:cd,-,-a b.tl Of particulars. 1n lluk!ng sllts
bur, II tllc rusa, was going to take aix weuks, ho
didn't KNOW ot any luw that would prevent Ills
fans