National Republican., 1881-11-04

a
evidence to the exclusion of mere reports suspicious,
and heafsay evidence.
That Is pretty plain language lie goes on to say;
Subject to this qualification, you may receive
light upon the matter under con79iderasion;
or the guilt Of the SccSed and more IL in course OF
your Inquiries, you have reason 70 believe that there
reach. which would @ Qualify or explain away the
charge under investigation Il will be your duty 10
order such evidence TO be produced.
VERY IMPORTANT POINT,
as will show your honor hereafter. The Judge
proceeds, formerly II was heldn-and this Is the
emtion S rE Tn,Sn was bed 3 hat Su an Indictment
might be found IL evidence were produced sum.
eient 70 render the truth Of the charge probable
now prevails. To justify the finding OF
an SIrcoa ndcSmens a yoI mus. Sa eo Soes oon
that the accused Is guilty. In other words, you
ought not to find an indictment unless, In your
Judgment the evidence before you, unexplained
and uncontradicted would warrant q conviction
by "A petit jury" There is the best definition OF
probable cause that has ever found its way into
| the law books. and II comes from source that Is
worthy of the very highest credit.
In LIST Wharton, Criminal Law, section io3
THE RULE Is LAID DOWN
| that no testimony is competent before tho grand
jury that Is not competent before tho trial Jury,
and in section 49i, he says that the grand Jury,
when in doubt as to the legality OF evidence, may
| ask the court.
Now, Your Honor, / desire to apply this law to
the case in hand. You will not forget that you are
to-l VIII not say usurp the functions of grand
jury but you are TO sit In IT'S stead aud these goute
men ask you TO permit them to flo this paper, and
10 cause warrants TO issue for
THE ARREST OF MY CLIENTS.
You say to them "woll, gentlemen, the com
that must have evidence OF the olonse having
been commtted-legal evidence, not hearsay--evi:
Your Honor further says to them: " The ConstI-
! tuition provides that cannot issue this order Of
arrest for which you ask that cannot permit this
information to be filed until you do come before
me with legal evidence sufficient 10 warrant the
finding of an indictment by grand jury. Now
hST M me TEt gsmGmSm % ot1nS prosecq 10
these gentlemen. You ask them; Where are
your proofs2" Now let me read to Your Honor the
proof which they do offer in this case, and will
read every word of IL.
cty and 0npsy q Wassington, D. G., s,;; =
@ e ss am Ss T she
appeared Thomas T. James who, being duly sworn,
states aud, such, the head of the Pcstoficc DC
partment Of the United states and has been such
lhe FOREGOING Information and knows the contents
thereof: that tho same Is true NJ he states, upon In
on and @ bclef G IS derived rive II rom an Mutation
n rSSG5as S relating e ss t se
forth In said lnformation, including the increases
service the offer to surees and the change OF route
the position and action OF Brady, French, and Turner
him by the inspectors and other agents and oiicers
h p919Se bcSp y who hSvs 6y de
careful and minute examination aud inyestlgat o.
officers and agents, so for they reateto contracts
for carrying the mails and the mail service durinl
month Of March In the year ls,iio,,,s ISL ,.,,rs
suSseribed and sworn to before % me hi this = ih day ~
} ,ptc-,''' CS A. q. RICHARDS. J. p.
) {snD}
! city and Cbuntyor udsinp,on, n. c.
PHSafy %gSSSsSd %SS Ts6.E %Siy SSSs ssS
March, A. d. 1881 TINT as such inspector he has un
. Of nm extended and minute Investigation into iht
management of the mail service Of the United State
ormaS yam and a the cs therein stated arc true
rs dePonent states ailer such examination that h
pers therein referred TO- and their contents are cor
various persons who were concerned In connecec
with the transactions set out IN said Information, ant
statements contained in said Information is derived
from said examination OF said papers and from sale
I tsignedj PHI WOODWARD
Subscribed and sworn to before me this nth day o
= = September, 1881. A. g. RICHARDS, j. Il. lsEAI-l
There 1t is, Your Honor, every word of u, from
beginning toend. They have not sworn to athing-
not Il thing, not fact has either of these gentle
Q men sworn to- II is the most admirable perform
: ance OF the kind have ever seen. 1 can wei
g Imagine that when Mr.. Thomas l.. James and Mr.
eay tyyv hare saeS E Il ~ as
|. over their shoulders, and can imagine one o
9 these learned gentlemen upon the other side say
y plying: ave are just looking around to see I
!, there is any penitentiary In this vicinity an'
Sam Gn %sHS these
y one within n thousand miles of YOU" "wh
s notg' why, because you are not swearing :
2 criticize anything that you are saying in ths
'' paper; you have not sworn to a fact and we d
N not ask you to swear to u fact And they
~ HAVE NOT SWORN To FACT.
From the beginning to tho end of this Who'll
matter this which have read is all the pro-
!; that these gentlemen Offer II Is all hearsay-
q these these two % deponents but % have never heard .
q anybody being indicted upon somebody else's be
= lief That would not do in u criminal proceedin
h or in judicial proceeding, because unfortunately
e swlt to believe lie, No, Your Honor, no tina
h source OF his belief. Your Honor will remombe
% that more than two hundred years ago the Englls
courts said: ave will not listen to hearsay" Yo
will remember that more than two hundred year
v, ago the English courts said: 1--WE will not acceI
is copies of papers; We must have originals; we wi
ii not take secondary evidence; we must have III
" " best evidence" Now, Mr.. James in this case hu
q given us the sources Of his beliei-for remember
,r only swears to his belief; lie says he has exam
the judge Of what those records PROVE OF are you
10 Is Mr. James to be this grand inquest of one, who's
l. Judgment is to be satisfied, or arc you?
n ARE you TO PERMIT HIM
rs to make up u judgment for YOU which Is
guide you in the exercise of this high duty2 N
OF Sir. You are the grand inquest, and these doct
no ments and these records are themselves the be
Dt evidence of what they contain, and they must
Ip brought before you for your examination. Tn
~ is the requirement OF the law. We deny that tho
~ ~ records contain that which will satisfy Yo,
mt Honor that there has been conspiracy as Is he
is charged, or any indication of conspiracy. v
~ assert that they will show that everything tn
he was done In this business was done In strict col
~ formity with law and regulations adopt,
nj long before these gentlemen had anything TO
,ptt tln pf ha Sl-Dn rfinp a
ne We have invited the Postmaster. General to alo
ts MS to examine these records, and he refused.
'at have asserted on oath in the record IN this ca
ny that these records and files OF the Department O.
W. ist and have stated what would appear by theI
and the prosecution persistenty withholds the
from Your Honor. Therefore, say, by every leg
at intrndment we have the right to claim, in YO
at Honors presence tot day. that what we say Of the
u is true But no matter for that These recon
mt know what they contain and until you do knC
nd they cannot affect us nor eau you infer that the
n is anything In them that will weigh even SO mu
as the weight of the ghtest feather that falls fro
lcr q linncts wing against my clients. These gcntl
be men have brought you
30, MIR JAMES STATEMENT
nd that he has read these documents and records al
he that all they have brought you that Is all the
h is of this proof. Is that legal cvidence2 Is Il
m. evidence III TO go before grand jury2 Would y
" allow t y to 80 before trial jury That is 50
ND in the box, would you allow Mr. Thomas L. jan
al to stand up here as witness and say TO the ju
"U 81 have read certain documents In my Office u
,a they show so and so, and prove that these men
u a guilty OF thisoienseY" No, Your Honor, you wor
inu isi hot do anything Of the kind. It may be 90
70 enough evidence as the world goes TO base ney
ctoo paper Indictment upon, of which we have h
W. many examples in these late days; 1t may do 70
no, political convention; 1t may do to make che
not reputation upon but 1t would not be good even
" . a fombs court. Judge Smell would not allow
for n moment on the trial of the most miseru
cnlprlt thal comes s,trc Dvl0re nm: @ bns Mri r Sa
he that people have told him so and So Well, Is Il