National Republican., 1881-10-18
wlrnEssns roR ourrEAu.
Argument before Justice Cox by the
CounseI for the Assassin.


The spectators in the Criminal Court
room yesterday morning were somewhat surprised
to SEQ Mr.. George scovllc, Guitcnus counscl,
seated at the table in front Of the Judge, and it
wos rumored that the question OF jurisdiction was
to DO argued at once. Instead, however. when the
court was opened Mr. Scovillo rose, and addressing
Justice Cox, said that he had talked with the Dis
trict Attorney In relation to tho summoning of
witnesses for the defense, and would like to have
the Court settle the matter
Judge Cox said that In regard to the Limitation
OF one hundred miles in the general statutes IL
could not be applicable to the District, for there
was another statute passed the same day referring
to the District which rendered the fst inopor-
alive. There Is decision in the case OF Page
against Bernstein az Ouo) bearing on this point.
The general statutes provide. first, that witness
or party 10 the cause having an interest therein
should be disqualified from tesiifying In any court
OF the United States Subsequently another Sec
ton was enacted excluding q party from testify
ing when he was All administrator OF exec
utor, but there was n general act passed for
the courts of the District which did not contain
that exception. In 1871 the organic act which
provided for the government of t9is District de-
clared that the constitutional laws OF the United
States, so far as they were not legally inoppoqblc
should apply to the District aud the Supreme
Court held that this provision should apply. The
general statute, relating 10 the District, which was
passed on the same day Incorporates all three of
these onactmcnts viz The net Of Congress- as to
the courts OF the United States generally with the
exception rs TO executors, &c then the net reat-
ing TO the District then the act relating 10 the
District without the exception and the clause not
applicable TO the District, but part of the system
OF law. ltwas held that this exception In the case
OF parties who were executors or administrators
was legally applicable. This is parallel case.
There Is general law, however, which gives au-
thOrity TO the courts here TO allow certain num-
Der of witncsses-that Is the fees and costs of
| attendance pf guph--tp bp pnllpd aud Ip Id ag
the case OF witnesses for the United states within
| the District or within hundred miles Of the PLACE
i OF trial. There IL another TO which we have re-
fcrrcd that gives force to all general lawsnot inap
| plicable here. All these were enacted the same
day, and itsocms that the supreme Court will make
the restriction contained IN the general act appli
cable to the District. lie would like To make any
allowance he wasAuthorized to make under the law.
| There was fund under the control of the AttOr-
| ney.Gcneral out of which, under certain contin-
| gencies, the fees of witnesses have been paid He
| would take the uidavits Of counsel setting forth
| the facts aud transmit them TO the Attorney Cen
| eT0l with the suggestion that an allowance bo
made out of that tund 10 pay the witnesses wanted
| by the defense from distance He did not know
| Whnt more thnu this could be done. He believed
| that in another case Justice HIngner Ind stated
that the defense wanted witness from Chicago,
and the Attorney General ordered the same TO be
| brought on at the Governments expense.
DISTRICT ATTORNEY coRKnILL SAID
that the witness referred to had been called TO
testify in the Stone wife murder case, and Mr.. A.
| X. Browne, who was the counsel for the prls
oner could probably cnlighten the court on the
subject.
Mr.. Browne stated that the witness had been
promised fees but for some reason IL was not ful-
| illed. He came from Chicago at his own expense,
and had not yet been reimbursed by the Govern
ment Other evidence that was desirable had been
procured by depoSitions.
| Mr.. Scoville said 1t would be q difficult matter
for him to get proof Of what he desired by depo-
sitions. A disposition was manifest all over the
country not TO testify In behalf of his client and
the only way by which he could obtain evidence
| was TO put the witnesses OH the stand.
The Court suggested to Mr.. ScOville the advisa-
bility of consulting the record in the of Burn
side VS.. Page and IL he desired to be heard again
he would cheerfully grant him time.