Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-08

Iul1y pTeSented 70 the mind or the court for n
judgment, he must stand upon those alone, and
all extraneous reflections upon subjects that
might arise out OF this question. He asked per
endeavor to go into this wide field Of authority
and enforce what he conceived to be not only the
direct adjudication which they express, but tho
legitimate consequences that directly rule the
| PRECEDENTs FOR PROCEEDINGS BY IMPORTATION IN
THE POLICE COURT HERE.
He said that the court was told that these IN
formations were unknown to the law. Snow"
said he, 'much has been said in this that has
surprised me- To be sure in almost every case
there is lawyer argues where there
is much at stake, with great feeling
much is said that had better be unsaid. Desperatc
men will do desperate things; desperate cases will
been told here that this method OF proceeding is
| unknown to the law here. That is not SO; that is
| an error. II am not misinformed the proceed
ings in your Police Court here, under the act OF
Congress, are all by informaton; and there have
been, am told, though not common method of
proceeding, other cases in which this method has
been adopted; but, nevertheless, / do assert
and here maintain that there is not book OF the
law that has been adverted to and read; there is
not an authority that lawyer can lay his hand
upon, from the old entries and fOIioS down to the
cally as remedy proper to be adopted, proper to
be used and in no wise In derog ltion OF private
right or public duty" He then said that the prose
cutiOn was charged with trying to avoid the grand
jury; but he thought with his friend Col. Bliss
| that the prosecution might charge that the de-
1enSe wanted TO avoid the petit jury; that
SECRET INVESTIGATION
was what they were after He said that 'the effort
to stink and sneak out OF an investigation OF
whose honor was impeached, who is charged with
official perjury, official embezzement, public rob
bery-the effort TO Sink and sneak out of that
is an attempt to tramp!e the law down, to avoid
responsibility that every man of honor demands"
sad ne, we We're told here, among the startling
for the first time, that the grand jury was estab-
lished for the purpose OF protecting the character
OF those who were accused. and that that
was one of the wrongs thathad been perpetrated
In this case; that We come into court here to avoid
tne Sc secresy res which is part OF the fundamental
law OF the organization OF the grand jury" Said
he, they tell us that the proceedings OF the grand
jury are secret for the purpose OF protecting the
II the prosecution had gone before the grand jury
the secrecy OF that body would have protected
counsel for the defence reminded him of what Ju-
MUS said to Sir William Draper, ga classical edu-
cation; William has given you an unlimited COM
mand of the most beautiful figures of speech,
hatchets. racks, and vipers dance through your
brain In all the prousion OF metaphorical imagi-
nation" [Laughterl He said that the counsel for
the defense had the melancholy Imagination OF
poetry without its inspiration.
DISCIPLE OF THE DEVIL.
Mr.. Brewster then referred to OF the author
ftes used by the defense. He said "Wharton is a
fine gentleman; know him we'll but he has not
given in his work read here, one authority. Whar
ton cannot find," said he, Gin forty thousand
volumes OF adJudcated cases, one solitary word Of
authority for his opinion" Said he: "Wharton is
eminent jurst himself, a man of research, and of
settled habits-an aggressive man. He was asso-
In the early part of his career in PhiIadelphia and
after that he became professor in college, and
ne abandoned the law as IL he was disciple Of the
0eVll. ana became member OF the church.
[Laughter.1
He said that the law did not require vain thing
20 be done. He said that the facts confined in
the Information Were only such things as man
could know from Information and belief; they were
too numerous. No high officer could say that he
knows Of his own knowledge ali the things CON
tanned in the information; 1t was impossible. He
ts cs hs St an sne he 5
dents connected with it-all that goes to make up
the body; the substance of the complaint are not
fifty, If you please; it was Impossible that
it should be known by all Does the law
government should be obliged, before proceedings
could be instituted to verify every fact by personal
knowledge 1t Is impossible; the law will demand
IL. what does the law demand? That which we |
have done' He said they were not required to |
copy in the information the papers on file or i'm
port them into it and place them before the court
and by doing that absolutely corrupt an indct- |
ment. He said it was thing the law forbids He |
or conclusions OF law; he states his authority that
the evidence is for the jury and the court and the
conclusions OF law are for the court. and that
every lawyer knows. Said he: "IS such an inform |
alton as this is to be rejected and the government
put out into the street without chance of re- |
manner, such matters can be presented discussed
debated and decided according to the due forms OF
Ine court at noon took recess for half an hour |
The Afternoon Session.
The recess was spent among the large number |
who remained In the court room In order to retain
their seats, in discussing the points of Mr. Brew
sters argument and pointing out to one another |
the notable people connected with the case. Mr.. |
Brewster remained in his seat by the district at
torney'S table, and held quite levee among the
lawyers. Mr.. Cook also staid at his post during
the recess, and held brief consultation with So
q pacf.G f1iHod dar,, rf,,,
District Attorney Corkhill spent some time with
the prosecuting officers. Hon Fred Douglass oc-
cupled seat just behind Mr.. Cook.
Mr.. BREWSTER RESUMED
At half-past IL the court reassembled, and Mr.. |
Brewster resumed his argument Speaking of the |
case OF Abbott quoted by the defence he held that
was by leave OF a commissioner and not by leave |
of court, and rules that bound such subordinate |
the principles that governed the action OF court.
Mr. Brewster about to recite quotation from |
an indiana authority stated that the volume was
that it was not '14th Tyner," but oath Indiana"
III it is not 14th Tyner" said Mr.: Brewster, look
just like all they do, however. read from what |
see, not from what Imagine" Mr.. Wilson, re-
naming in his seat, held that it was l4th Indiana,
reported by Tyner. "Oh, I forgot exclaimed Mr.
Brewster. "You are an Indiana lawyer. It is
dangerous thing to tackle an Indiana lawyer"
After further pleaSantrieS Mr.. Brewster thanked |
Mr.. Wilson for the correction, which he said would
prevent msrecitaL few minutes after. having
Il
dry, II hope there is no one here from Kansas to
trip me up"
WHAT Is AN INFAMOUS CRIME.
Taking up the question whether the acts alleged |
against the defendants constituted an infamous |
crime, he quoted extensively from Lord Coke. he |
said, for the purpose Of clearing away technical
tiles He maintained that the term infamous |
related not to the Judgment, not to the punish |
ment, but to the character of the crime. The |
policy OF the law he held, was to admit every one
TO court to testify. 1t does not become them to |
strain this term infamous to reach this case.
They were told that this information was im-
perfect. He quoted authorities to show that the |
Information need set forth the crime with partcu-
lar1ty enough only to inform the defendant of the |
charge against him and to show the court that |
crime had been committed. They had been told |
that there was a ban against the crime OF conspi- |
racy. He asked by what authorities such state |
ment had been made. He quoted various cases of |
conspiracy on this point. Had it come to
this, that unless the statute book specifically |
described the circumstances OF the fraud, that +
no charge could be maintained? amt No
could by anticipation prepare the protection that
society required IL that was the law To state the
proposition was but to reject It In this commu-
uity so peculiarly related to the government, it |
was imnOrtant that there should be no moral