, 1881-11-12

Z
count Of a very lively cabinet meeting on
the subject of the prosecution OF Cunt
teau. in which Attorney General Me
Veaph said that he did not consider II
any part Of his business to give attention
to criminal prosecutions. The President
replied that this was great state trial
and that the whole country looked to
Macy eagh TO see that It was conducted
properly and efficiently.
MacVeash said there was no law or
custom for the attorney-generai TO appear
in crininal trials He had been told so
by Judge Jeremiah Black !
The president .hen quickly and some
what angrily asked MacVeagh how it had
been in the Aaron Burr trial
"Oh. but that WAS trial for treason,
lIacVeagh replied.
"Yes," sa,d the President, land this Is
a trial for the murder of tie chief maeis-
trate Of the nation, and TO my mind 1t is
the positive duty of the encouragement
to take charge Of the case.
MacVeagh then reiterated that the law
never contemplated that as part Of hls
duty. '"
The President replied that the statutes
of the United States authorized the at
torney. general to appear for the govern
ment at any time in any federal court in
any case in which he might deem II his
duty to do so, and referred Mac Y eagh to
the particular section Of the law. /
BY this time there was good deal OF
excitement around the cabinet table.
LAWYERS OF the cabinet..being appealed 10,
they agreed with the President As
McVeagh maintained his position that 1t
was below the dignity Of ali attorney
general to appear in any criminal case,
the president then asked him if he had
done anything to obtain coui.sel 10 assist
District Attorney Corkhill in the pr"se-
cution of Guitteau. . ...
MacEeagh said he had not ,that 1t was
duty which belonged 10 the district at
torney himself, If he desired additional
counsel. -.
The President, with considerable
warmth, sad icat il was new suggestion
Ia him, aud either MacVeash OF Inns,
was very ignorant OF the law, for, accord
inr to his reading of the uited States
statutes. it WAS made the, express du5y OF
the attorney-scneral To engage assistant
counsel i'll any case where, III his Jndg-
ment. the interests Of the government re-
guircd II.
MacN,ayh said he took different view
Of his duty and did not consider himself
bound to take any part III tho. trial of
Guitteau, or procure additional counsel
for that purpose. In the star r"ute cases
Corkhill had suggested desire for the
em,,layment Of Nm. \ Cook as addition
al counsel, and MacNcaeh said that lac
had nothing 20 do with it, and C"rhlill
could do as he pleased III the matter.
The PIesiden: said he Mas determined
the government should have able counsel,
aud he would himself direct, if MacNeagiI
declined doing 81, that Judge John h.
Porter, Of NeN A9rk, and Waiter pavidse
Of Washington, be employed as addition
al counsel IN the prosecution OF Cnltteau.
AlacVcagh then said thai if the PrrSi-
dent desired il To be So, he would en-
ploy the gentlemen named ......
Its said that at the close Of thls some
what remarkable cabinet scene The pres;-
dent remarked that the attorney general
knowledge of law would be greatly i'm
proved by reading the statutes Of the
United States winch defines the du;ieS OF
his office