Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-07

abandon the practice OF 16O years or viii II
say to all persons wishing to
indict others for offenses OF this
gravity, 'you must go before the graud
law is, that this court has no jurisdiction OF
this offense until an indictment has been pre-
sented state that in the event the court has
jurisdiction there must be probable cause. "
state that ''probable cause" must be the
aff1davits of some men who KNOW
and state facts. state that
| the practice of allowing men to be
arrested without oath or affirmation Is simply
infamous, and that any judge OF the United
And another thing that insist upon is that
the indictment itself must be reasonable and
not contradictory, and that the pleader must
set forth the facts.
JEFF. Chandler, of counsel for Brady, ad-
dressed the court. He said: II section 5, 40
were to be construed alone, 1t was too uncer-
tain to be enforced az criminal statute. The
conspiracy alleged in the case did not contain
elements out of which conspiracy could be
constructed. All the acts complained Of could
have been done as well by Brady alone, as with
others, and If done by Brady
alone would not have been iEdictable. Con-
gress had given Brady discretion and had
given to this court no authority to review his
actions. If Brady could be brought here aud
held to explain everything that he had done
and consigned to prison, then, OF course, the
postmaster general could also be brought in
and be compelled to give an explanation of his
done deed of heinous wrong by virtue OF
finding himself in possession of the power OF
the postmaster general 1t was the exercise
of the authority which had been reposed on
the postmaster general, which was alleged to
have been abused. An alleged abuse in dis
cretion of high executive officer
could not, he contended, be tried
by courts. To subject superior
officers of the government, upon whose unin-
terrupted presence at the helm the safety Of
the state depended, to indictments for miscOn-
duct in office, would be injurious to the body
polite, and consequently in such cases i'm
peachment was the sole instrument Of penal
revision The defense held that an executive
officer could not be subjected to the jurisdiction
of court. 80
scovILLE AT WORK.
When reporter dropped into Mr.. SEQ
villes room this morning, he was going
through an immense package of papers. he
was, he said, sending out subpGnas, and had
been up ever since me "a O'CLOCK S.
seen Guiteau for four days, but had received
note from him asking him to come to the
JAIL Don't you think Guiteau wrote the
letters to the president and to Mr.. Bennett,
asking for contributions 10 his defense, as q
sort Of joker inquired the reporter. He
never perpetrated q joke in his life and
1t is too late for him to begin now" said
Mr.. Scoville. "He was as much In earnest
when he wrote these letters as when he took
this speech,"-picking up a pamphlet con-
cock, land writing consul to Paris across
it sent it to the president. A lady who has
written to me says she never knew more IA
natical and positive man or man more honest
In religion than l. W. Guiteau, and that his
son, Charles Julius, was an exact counterpart
of him. That is so. His father never made
joke in his life. Many people will know Gui-
teau before the trial is over" 'Noyes," re-
marked the reporter, 'says you wanted him 10
testify to Guiteau's insanity" "ThBt is not
strictly true. When / appeared in court and
asked time, I had present such list OF wit.
nesses as l could get together, and Noyes'
name appears on the list. l have given out
recently some matters for publication, which
hope will counteract the effect of Noyes'
letter. I spoke of him as a witness, because
when Guiteau belonged to the community,
Noyes' used to say to Others Never mind him;
he is crazy. He said Guiteau was
insane then. | received letter this morning."
continued Mr.. Scoville. "from gentleman
who was intimate with Mr.. Lincoln, and who
was connected with the treasury in Mr.. Lin
coins time, and was biographer for Lincoln.
was associated with him in murder trial
in Chicago, the only murder trial was ever
connected with, except the present one. l
will read you the letter." Mr.. Scoville read
the following: -,
ESQ.,, Dear Sir: Your note of the 31st ult.
hoc inc hoo rocoiyad Ynn rQcQI
citation many years ago in the defense OF
trial FOR the murder of young Mclaughlin.
/ would like to be present at the trial OF Gui-
teau, but have engagements which l cannot
put off. I remember the boy Mclaughlin. We
saved on that occasion an innocent
lad from the gallows. l do not know
whether Guiteau is guilty-whether
he was sane when ne committed the cruel act,
for which he is to be tried. That is the ques-
ton the court and jury are to try, and he is
entitled to fair trial, which we cannot have
without able counsel. 1t would be disgrace
to the American bar and the American judici-
airy if public prejudice should prevent him
from having fair trial. l cannot believe
that there is in our cOun-
try member of our noble
profession who would be so cowardly and
selfish as to refuse to defend Guiteau because
he feared that an honest, faithful and earnest
uciCusC WOulu OiiuS utoi iAAiiA eAAS "OASS "
the press. All whose opinions are Of value
would not only approve but honor such pro:
fessional duty. knew, respected and loved
Mr. Garfield We we're members of congress
together. He has been my honored guest land
the death of no public man, with one excep-
ton, has ever so shocked and grieved me. But
if Garfield were alive to-day, if an appeal such
as you have made for aid were made to
him, his professional chivalry
would not have hesitated one moment. He
would have done all in his power to secure to
the accused fair trial II denunciation and
obloquy were to follow, he was quite brave
enough to do his duty regardless of all
such considerations. I honor yon
for your fidelity to the brother of your wife.
Your courser, SO fas as it has come to my
knowledge, has been honorable to you as a
man, and as lawyer. Very truly yours,
n. ARNOLD.
This letter was written In response from
Mr.. Scoville, inviting Mr.. Arnold to attend
the trial.
COMMERCIAL TROUBLE IN JAPAN.
Advices from Japan report that very seri-
Gus controversy exists between native and
foreign silk merchants on the method OF
handling raw silk, which is one of the leading
staple productions of the empire. The jap
anese silk merchants have formed a guild
called the Silk Warehouse company, which
has established rules and regulations
for the sale of silk. These are very