Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-11-06

True lne JuuSe WHO dllOWS lt OuSDt
not to be permitted to sit on the
bench which he disgraces by his
presence. His ermine should be
taken from him, because he robs the
citizen of his liberty without any
probable cause; without an oath or
affirmation; the judge does it.
It is Infamous. But time or not it
does change law. Strangeideas they
have of justice in New York. (Laugh-
teri. Man can be arrested and inns
prisoned without anybody in the
world having sworn that ne com-
mitted any offense or anybody in the
world swearing that he had violated
any law. He can be imprisoned on
the guess of the district Attorney. /
have no doubt that this information
| was the child of New York practice,
. suggested by the gentleman who is
in the habit of practicing in courts
where men are deprived Of their
liberty by their accusers resorttlr<:.
to that formal idea it may
be that an oath in the State OF
New York is so regarded thatit is only
a matter of form, and that is the
practice in New York Uaughter)
After eulogizing the grand jury sys-
tenn, he said that here in the District
of Columl j |, above all places, should
the grand and time-honored insuitu-
ton of the grand jury be maintained,
and be allowed to stand between the
hi mble citizen and the man who can
hold Offices. Said he: My client
is arrested upon official Ignorance"
He explained that by saying that
the stmaster-General had sworn
to information upon what others had
told him. In closing he said: MY
client is held up to public sorn and
indignation 1t is about t.-e that,
if there are any doubts, they should
be resolved in his favor. But in
stead of that, not satisfied with the
harm already done, not satifed when
they were afraid to present
this case to the grand jury. Afraid!
afraid l use The word knowing what
it means. When they were afraid to
present it to ..the grand jury they
came TO this court, having waited
themselves for the expiration of the
statute of limitations and nearly hay
ing them by affidavit illegal and
void and accomplished the arrest and
malignity OF this man by. I now say
if you have any doubt, resolve doubt
against the defendant. I say if the
court has any doubt as
to whether this is or is not an infa
nous crime, stop. Ii the court has
any doubt as to whether lhese affida-
Wits amount to probable cause, stop.
No court can go on to final Judgment,
a Judgment that takes from man his
liberty, or his property, without be
ing as clear as daylight as to his ju-
risdi ion and power. Absolute
knowledge that you have jurisdict on
makes you clear III your high office
and so [ say-not only I, but the law
says lift you have the slightest
doubt, stop.
At the conclusion of Ingersoll's argument
the court took recess.
After recess JEDI. Chandler, of the cOun-
sci for Brady, addressed the Court. He
wished, he said, to call attention to two OF
three principles which he thought con-
trolled the case completely. The case stood
nOwhere it was left with disenter. If the
court wished to dispose of tiff their i'll
depreciation Of law was correct-there was
nothing to send to the grand jury The
acts alleged did not constitute any crime
under the statutes. The type of jurispru
which this court administered was different
, in many respects from the type which
preceded common law in common
law. The count did not have to be clearly
: defined to show distinction between com
moa and statutory law respecting crimes
He read from ''Wheaton's Criminal Law
The origin of common law was in the dis
cretion of the administrator of it, who de
fined what, in his judgment was and wha
was not criminal. If that principle was no
resident statutory jurisdiction which tn,
court was administering, then it could no
: be invoked to aid the uncertainties Of th,
statute. If acts could not be construed
? into the offense condemned by this statute
then the court would not, of course, worr,
itself with the matter. Mr. Chandler quoted
extensively to sustain the principle which h
: had advanced, to show that court could no
= give an equitable or liberal construction to
{ penal statute. He condemned in strons
terms, the attempts which had beel
made by the government to bias
the reputation of the accused before givin
g them "a hearing, and charged that tn
II information had been given to the Associa
q ted Press before it had been filed in court.
y Mr.. Coke interrupted with the denial o
what he characterized a ''Palpable an
o unfounded mistake of facts"
It Mr.. Chandler said if the gentleman denie
it was SO he would accept the denial an
say he was mistaken, but whether in fact @
not, there was not even under the America
y flag, that does not know that he read, i
It substanc. every charge in that information
O months before it found its way into th
court 1t may not have been the same i
= arraignment, but it went out months az
Il with the brutal affections that characteriz
it now. 1t has infected every corner of tn
6 United States. The gentleman (Biss) sal
q yesterday that its effect was 10 render thes
= men infamous in every district of the Unite
States, not one opportunity have they ha
Il to speak In their own behalf. Not singl
t syllable of testimony had dropped from an
- living witness against them. But the Gov
, ernment of the United States has SO manipu
lated these facts to their disadvantag
that cloud of infamy rests upon thei
t names, it is said, in every district of tn
Y United States. That for that alone til
court should exercise its discretion in ez
pelling from its records this polluted thing
At the conclusion of his argument 'th