National Republican. (Washington City (D.C.)) 1872-1888, 1881-10-15

l shall make no objection to It, But as 10 these |
other witnesses, Your Honor Is utterly poweress TO
make any order in regard TO them ut ALL The de- |
PENDANT can 90 to the clerks desk and demand |
subpoena OF the court for any witness he pleases |
II has to be served and he compel the attend
ance Of witnesses; but 80 far as the Government |
paying those witnesses,
IT CANNOT DE DONE.
Now the testimony Of majority of these Witnesses
II necessary eau be taken by deposition. II Your
Honor thinks It proper that under tho crcum-
sanccs ofthis case the defendant should have time
to take oil the testimony of those witnesses, will
say here that wherever II Is possible all time
that Is allowed the Government will be
waived, and every opportunity offered them TO
obtain those depositions promptly aud at once.
for this should be tried, Your Honor; should
be tried promptly There is another question
the question OF jurisdlclion-a legal question,
preliminary question, IL you please That ques-
ton / ask Your Honor to set for hearing at a
very early day, and before the trial. and let II
be disposed Of so that when the trial Is reached II
shall go on. Aud another request have to mako
of Your Ionoris that the day fixed for this trial
be peremptoriy fixed and the prisoner and his
counsel be given to understand that that means
the day OF trial and not the day to present afli-
| davits for another continuance.
| Mr. Scoville-"If Your Honor please, permit mo
one word. 1 think II ia exceedingly important
that we should
/ UNDERSTAND THE LAW OF THIS NATTER.
do not understand that tho section OF the Re-
vised Statutes Of the United States which the Dis
trict Attorney has referred 10 Is applicable to this
case. Now, the section OF the Revised Statutes OF
this District, which was passed on the same day,
approved on the same day, and incorporated into
these statutes, reads as follows
"In all criminal trials the Supreme Coust-[thnt Is
this contemplating of this courtl-ln all criminal
trials the Supreme Court the judge trying the case
| may allow such numb Of Witnesses on behalf OF
the defendant as may appear necessary, the fees
thereof with the costs OF SERVICE to be paid In the
same manner as Government witnesses are paid.
docs tho District attorney say Il Is not the law
| of the District Of Columbian
District Attorney Corkhill.-"No. but any wit
nesses you want within one hundred miles, this
law extends IL. That law refers TO the Jurisdiction
within this District. II IL is shown here amy wit
nesses are necessary he is entitled to thcm but
this provision ofthe general statutes which mp
plies to all the rcut and district courts OF the
United States extends II. II is one OF the
LIBERAL PROVISIONS OF THE LAW
In the interest OF criminals. In which 1t says the
Court, on certain application being made and the
importance Of the witnesses being shown. may
extend the subpoena to radius OF one hundred
miles and pay the witnesses within that That is
| an extension"
| The Court-"But there Is general statute which
says that all provisions contained IN them not in
applicable to the District shall be considered in
force here but whether that"
Mr.. Scoville-"I am aware Of that, Your Honor.
But here is statute passed with special reference
| to the District Of Columbia and this court on the
same day rs the statute passed with reference TO
the circuit courts of the United States and not the
Supreme Court of this District at all, and to the
circuit court of the United States, which is not
this District In contemplation of law. Now, the
District Attorney says that the law Is extremely
liberal to criminals, and that that statute which
he referred to Is an enlargement or application
of this statute 1t Is certainly a restriction of this
statute If 1t is applicable to this District at all
most certainly, because the section which read
gives this court power to allow witnesses for the
defense to DO summoned from any place within
the Jurisdiction of the United States and that Is
the law as Understand 1t here Now further right
along in the same connection, in relation
to the process and powers of this Court from q
further section which would DO entirely unneces.
sary II that section Of the general statutes which
the District Attorney read was intended to cover
the District statutes in relation to the District Of
Columbia, provide further, section $50: That
when the witnesses reside more than one hundred
miles from this city the defendant may take their
depositions' and then goes on In different
sections TO specify the different steps to be taken
to take such dispositions. But as understand
the law on the proper construction OF language the
defendant is not compelled to take the deposition
OF the witness even residing more than one hun.
dred miles; but of course the matter rests in the
discretion of the court as / understand It, Now,
here is a statute that provides that the defendant
| may take this evidence by deposition IL the wit
nesses are moro than one hundred miles from the
place of trial. 1t is no doubt the duty of the
court to save expense to the Government so
far as possible but the court would have to be
shown satisfactorily that It was necessary for a
fair trial. and In the interest of tho defense II the
| witness lives more than ono hundred miles, that
he should attend in person, otherwise his deposit
ton should be taken. That is the Court has the
discretion to say how many witnesses shall be
subpnnaed and the expense paid by the general
Government wherever they may live
| JUSTICE cox's RULING
The Court-"It Is of vast Importance to the In /.
terests of public Justice that this case and all cases
of like gravity should be tried with due delibera.
ton, and vet with that degree OF promptness
which the public interests demand: ALWAYS. of
course. affording n fair opportunity to the de.
tense to prepare for trial appreciate the
fact that the line of defense indicated by counsel
in this case will require witnesses to be brought
from several otheraplaces The diligence already
manifested by counsel has been fruitful enough
in ascertaining the witnesses who should be sum
moped and whose Testimony is deemed IN he very
important / must however. consult hat the
other engagements of the court in axino
a time for the trial. As Il now occurs to me. i
think the most convenient time TINT can be fixed
with view to the business Of the court and which
probably will at the same time accommodate the
defense sufficiently. will be the It'll of November
| That will be three weeks from next
Monday I cannot ignore the fact thai
there :. is an important question - that