National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09


tained would he abused by exnctlng more Of
complainant than any man can give or any magis-
trate do. What Is required is that there shall be
specification SUFFICIENT to show what the man Is
charged with doing to show that tho magistrate
was fortified aud strengthened In his &C.
ton by an oath; We are told that this oath
upon which this Information was founded
Is informal, irregular, and insufficient That
deny. What do you require in such an oath :
the analogies OF the law What Is suiicion, in
proceeding in equity? What is sufficient In n
proceeding in admiralty What is sufficient in
OF our courts, particularly In the courts OF the
United States2 That man shall swear TO the
truth OF his complaint-thet Is all. Lot me sua-
gest another thought. The law, as you know.
never requires vain or impossible thing. It's n
maxim of the law. But would not the law re-
9uire vain and impossible thing here II that were
complaint wherein there are
MULTITUDE OF FACTS
stated, such as must Of necessity be known by
many people and not by onc such as no one man
could know, and therefore such ~ no one man
could safely swear that he absolutely knew such
as man can only know by information and be;
lief based upon that Information such rs official
persons presenting m official complaint like this,
commanded by the law and by the highest officers
Of the law, cannot, under any circumstances, say
that they know Of their own knowledge; that
would be impossible. The very nature Of the com.
plant, the circumstances surrounding II. tho facts
that are stated In IT, the incidents connected with
q, 90 to make up the body and substance of the
n6t;n,. mt and are known by one. by two,
IL 'Y Soue' tiosu plesse.-it Is impossible
that they should be kne ~ e"o" Wy no nblgcd
or that the representative Of the Government,
should be obliged, before proceedings can be in.
stltutsd, e verify every fact by personal keowl,
Il. What does the law demand2 That which we
have done. The law requires that we shall set
forth by me oath Of some one or two mon that the
aud that we shall show with general Ger!
tainty 70 common intent our means
more poqnIrSd to mpor t'V into N tho body Of
such an afidavit copies OF papers, documents or
nIe, letters, OF other means OF evidence. than wo
arc Obliged to import them into an Indictment, and
absolutely corrupt the indictment by the presence
ofsuch statements.
rHE Law DOES NOT REQUIRE IT;
It's a thing that the law forbids. No man In
pleading can state evidence or conclusions OF law
lie Is 20 state his charge; the evidence e. for the
Jury and the courts the conclusions of law are for
the Court. This every lawyer knows. Now SIR
here comes an information containing with sum
Client certainty TO more than "a common Intent
q statement OF what we complain Of And, blythe.
bye, before take step farther shall deny, as
the right OF any lawyer TO stand here and ask the
Court, upon such ,intcrlocutory and preliminary
pf%n ,Ss, % to S center d GS t Ss,S
iSe lnor SSIfS0 in is g% P0 eject 'dS sny that
on an uppHCutOn ike tnls nppenlS 10 your uls-
Information is 10 be rejected and the Government
put out Into the street without chance of revision
1Iacc and proper time pSopc1 AND @oy such p Scs
lions. can be presented :, discussed, dc.
bated, aud considered according 10 due form OF
formation presented by the Government, aud pre-
Snn now pfSPared SO as to contain AL mat
criticism 10 which II has been subjected. "Do
with me what you WILL" said great French writer
punish me as you may but, oh God
DO NOT LAUGH AT MEl'
That formidable weapon is well understood by the
gentlemen ON the other side. But, fortunately we
deal not wi.h the tribunal to whom that French
ws So w N wS Are Ssr
not avail here. This paper called all information
Is In due form of lazy. II contains all that is re-
and II q II INFORM he What hey
| called upon 10 meet They ktoW what ~ Is that
they are called upon to meet and that Is why they
are so eager to avoid IT, The aaidavits we have
filed not only assert upon knowledge, belief, and
information but they likewise contain an aver
nent on the part of the atlantis that the papers and
documents referred TO arc In their possession, aud
that they have read and know them. They like
wise state that the Information which they have
as to these matters they have received, not from
one person, but from witnesses, confirming what
asserted but a moment since in argumcnt-that II
would be impossible for US or for any accuser un.
der such circumstances to come into court and
| fulfill the requirements that these gentlemen
WOULD IaposE UPON Us.
No one man could testify to all these fncts. Then,
superadded TO that, this affidavit Is tied TO and
| made part OF the information and vcrifcs every
fact therein contained and upon IL perjury would
| lie. Any fact asserted in that Information, II
falsely sworn toand material TO the issue, would
pains and penalties of perjury. Why sir, we could
| give no other afidavt. In order that the Court
| might know: that the Court might be informed
that these gentlemen might take the consequence
OF what IL there declared In that III
formation, aud be benefited by any ad-
vantage they may derive from the character
of an oath, aud be protected by II, II they seek
protection hereafter there was but one way for u
to comply with the law and that was TO tastcn thn
dsy upon ns very eS he GSd tS SS
and assume the responsibility OF a that tasscrted
and that is what We do, 10 do, otherwise would
| be Illegal; to do otherwise would 10 to do
AN INTELLECTUAL AND IMPROPER riiISG.
IT'S what the law demands, It's what was Intended
| when the trainers of the Constitution, frightened
by what was done, IN England when the lialh,N
abuses of power there committed--'tis what thc>
intended when the Constitution said upon oath.
Oath as 10 what? Oath as TO what you accuse the
accused, and what YOU have sworn. to
In stronger, more emphatic, more direct
Or more pertinent terms Oh, Chan BY s"yiHl
foregoing information are true, In that genera
way, which Is all that tho law requires for Thu
protection Of the citizen, and the safety OF On
prosecution requires that there shall be no subor
nation of perjury, 10 slbornation OF witnesses
and requires 10 that end secrecy In the grand jury
We are bound 10 disclose
IN OUR AFFIDAVIT WHAT Is NECESSARY,
but not all; "elsc the strong lance ofJustee woul'
hurtiess break" "Platc sin With gold; the stron
lance Of justice hurtess breaks" Require Of til,
Crown or the prosecution pursuing public com
plant for the punishment Of great public criini
nal that it should IN an affidavit Of this character
reveal all its case IN minutest details, and viii
certainty To every intent" and the prosecution
would fail; there would DO a failure ofjustice.
Az this point the court took recess.
Aitor recess, Mr.. Brewster proceeded as follows
/ wish now TO invite the attention Of the Coul
10 that case In 18th Internal Revenue Record
which has alrendy been cited by both Of my col
leagues. II is a decision rendered IN the Clroui
Court OF the United States In Pcnnsylvafia. am
Your Honor may remember TINT the constitution
ths nins indeed SIR ssS bro
visions adopted In these times suggest the though
to that the very fact that II requires constitu
an admission
THAT OTHERWISE THEY PREVAIL;
the very fact that they are restrained and the us
of them restricted, aud an oath required contrar
sSoso s t that %ess presented 'S Sy
| Attorney General at the instance Of the Crown 4
England; the very fact that they are so restricted
| tho very fact thut infamous oftenses AMI capi
tai crimes aud felonics cannot be 50 prosecuted
owing to constitutional prohibition, is a
sa%iSsGs not 2" the ,S S.aeF nSsd On,
provisions determinations might be presented eve
for these offsnses. When Your Honor was kin
enough ~ adjourn the court for my convenience
wasadperthhK to thls qnestion0 OF the oAtlI. ] ~
about 70 read to'Your Honor ffop the opinion
Jndge McKeiinn, than whom no'better Judge si
! upon our bench, A man OF most cain, solid. an
deliberate mind;
A cAREFuL, FRUSTRATING, AND LEARNED LAwYEl
This IL an application wherein u WIS said am Indie
United states attorney anu fonnd by tile grand ]lr,
wltlIour Il previous information, bearing, and bndn
over; hut process win be ordered for the arrest OF n
defendant, lnd he will be held TO answer.
win read tho judges language, and ask Yot
, Honor TO mark It's application here;
We are very clear that this motion should be owe
ruled. There II very little analogy between III
uclice OF The Federal and the state courts III regnt