Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-06

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
affidavits of some men who know
and state facts state that
arrested without oath or affirmation Is simply
infamous, and that any judge OF the United
States who does it ought to be impeached.
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, If section 5 ,440
were to be construed alone, it was too uncer-
tain to be enforced as a 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 indictable. Con-
gress had given Brady discretion and had
given to this court no authority to review his
actions. If Brady could be brought here and
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
action. Because it was claimed that Brady had
done deed of heinous wrong by virtue of
the postmaster general. It 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 a 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 a court.
sCovILLE AT WORK.
When a reporter dropped into Mr. Sco-
yille's room this morning, he was going
through an immense package of papers. He
was, he said, sending out subpenaas, and had
been up ever since O'Clock
this morning He had not
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 joke?" inquired the reporter. He
never perpetrated joke in his life and
1t Is too late for him to begin now," said
Mr. Scoville. she was as much in earnest
when he wrote these letters as when he took
this speech, picking up a pamphlet con-
tanning Guiteaus speech, "Garheld and Han
cock, ,'-"and writing consul to Paris across
it sent it to the president lady who has
written to me says she never knew more fa-
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 a
Joke in his life. Many people will know Gui-
teau before the trial is over" "Noyes," re-
marked the reporter, ''says you wanted him to
testify to Guiteau's insanity" ''ThBt is not
strictly true. When 1 appeared in court and
asked time, 1 had present such list OF wit,
nesses as l could get together, and Noyes'
name appears on the list. have given out
recently some matters for publication, which
1 hope will counteract the effect of Noyes'
letter. l spoke of him as 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.. ScQville. 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 l was ever
connected with, except the present one.
will read you the letter" Mr.. Scoville read
the following:
CHICAGO, Nov. 3, 1SS1.--George Scoville,
ESQ, Dear Sir: Your note of the 31st ult.
has Just been received. You recall our asso-
citation many years ago in the defense of
trial for the murder of young Mclaughlin.
l would like to be present at the trial of Gui-
teau, but have engagements which l cannot
put off. l remember the boy Mclaughlin. We
saved on that occasion an innocent
lad from the gallows. 1 do not know
xrh Of INIT OuiltV-whPther
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-
ary If public prejudice should prevent him
from having iair trial. I cannot believe
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
defense would bring upon him the abuse of
the press. All whose opinions are of value
would not only approve but honor such pro-
fessional duty l knew, respected and loved
Mr. Garfield. We were members of congress
together. He has been my honored guest t,and
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. If 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
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 guild
called the Silk Warehouse company, which
has established rules and regulations
for the sale of silk. These are very
obnoxious to foreign dealers, and
they refuse to submit to them. A deadlock in
the trade is the result, and very bitter feeling
between the two parties which is spreading
into wild feud between the Japanise and for
eigners generally. A dispatch from Japan
says that hopes are entertained that some am