Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-11-04

crimes and misdemeanors not infamous
thus impliedly defining all crime pun
ishable by imprisonment in the peni'
tentiary as Infamous.
In concluding his argument MIR. Will
son said: 81 know that Your Honor ap
preCiates the importance Of the ques-
ton presented by this proceeding 1t is
not the accused alone who are interest
ed. The rights and interests OF all the
people OF this nation are involved in
this question. II you decide that the
district attorney can without evidence
present citizen for grave crime (for
that is what the government must do II
you sustain this proceeding), II you de-
eide that a party may be repre-
sented for offences which have not
been defined by any statute las you
must do il YOU sustain this proceeding,
you will have put the law of his nation
back to where England was two hun
Gred years ago.
Wilson spoke for over four hours.
He WAS followed by Bliss, of the govern
ment counsel. Bliss said it appeared
from the argument Just made that the
defense had other objections to the in.
formation, and that there were other
propositions to be made against it. He
Instanced the remark OF Wilson to the
effect that section 5,4i0 had been re-
pealed, and that a point would be made
upon that by one OF the other counsel
for the defense. He thought it fair be-
lore the prosecution should be called
upon to answer all the propositions that
the
Defense Should be Stated.
Cook also contended that lngersoi
SHOULD present the case of Brown, his
client, before the prosecution be obliged
to go on.
Ingersoll-I suppose that, after we
shall have heard from one of the learned
gentlemen on the other side, it may be
in order ior Inc to say a few words in
regard to Mr.. Brown, but am Tree nov
TO contract If either OF you gentlemen
successfully answer the argument that
has been made, that | will say nothing
about Brown. Lau 2hter.
Bliss said he wished to be perfectly
lair about the matter. 1t might happen
that some OF the points which he was to
answer would he presented by lnger-
soil, which would neCessitate his Bliss
again addressing the Court. lie thought,
therefore, it would be better iOr lnger-
soil TO preCede him.
Ingersol-l may say for the en-
lightenment OF Mr.. Bliss that shall lu-
slst that the facts set forth in this inior-
nation in regard to Brown, even II all
be admitted to be true, do not constitute
any offence. Secondly, | shall insist
that the facts set forth in each and
every count are contradictory, absurd
and impossible. laughter 1t is
impossible that any such acts should
have been done in any such way. Now
that is my general statement-thatt there
is nothing in this information charging
Brown with any indictable offence.
Whether an information needs facts is
another question. ! shall insist ii is
impossible that Brown ever cOnspired
with Brady to influence Brady, or that
BOady ever cOnsplred with Brown
TO Get Brown TO influence Him.
| shall insist that Brown never con-
spired with Brady to give contract to
McDonough and therefore MCDOnough
never conspired with Brady and Brown
70 have contract declared null and
void. | shall insist that McDonough
never conspired 10 cheat himself, and
that ne never went 10 the extent OF
hiring Brown to help him (laughter). /
shall also insist that ii is not within the
horizon OF the probsble that any man
ever paid $, 900 or 81, 900 to get that
other to cOnspire with another man as
well as himself to defraud himself. Now
l think l have given general view /
the cause | intend TO pursue SO
lar as Brown is concerned. | shall
also insist that the affidavit OF James, to
the effect that certain contracts are on
tile in his office does not ten. to show
that Brown went TO New \ Ork with an
illegal object. | shall also insist that
when james states in his affidavit he
has had conversations with certain per-
sons that those persons shall be brought
into court. | shall insist when he espeaSs
of contracts that these contracts shall be
brought into court. | shall insist land
here Ingersoll dropped his bantering
tone and spoke seriously, emphasizing
his remarks with blows OF his hand upon
the table, that i'll this country, or any
other country, Saxon blood gives eyl
dence OF liberty and manhood. A grand
inry stands between citizen ana
his calummatOr, no matter II that cal
ummator is an officer Ot the Cabinet or
the President OF the United States.
This sentiment was loudly applauded
bv the spectators and it was some time
before order was SO far restored as to
T,,...r,rll 10 nrr.aal W EIrh hn
finally did, rs follows: 81 shall also in
sist before get through with the case
OF Brown thata Grand Jury is placed
between citizen and his reputation to
provide for precisely case like this. !
Shall insist that when high official OF
this Nation OF St%tes. though he has not
vet convicted my client, has branded
him. | shall insist that Grand
Jury stand between that official
and the citizen and prevent
| him from using that brand. | insist that
| this information has been found I'M
properly, illegally and contrary TO the
part OF American liberty. Now,
have given you, it may be, a gener'
| view of the course | intend to pursue.
| Laughter, which was increased by the
serious manner in which Cook inquire
of Ingersol the authorities, upon which
he relied.
After some sarcastic remarks between
counsel, it was finally agreed that Bliss
should open for the Government to-
morrow morning, and that he should he
followed by Ingersol, but il the latt !
should advance further propositions
Bliss should have an opportunity to re-
plv. The court then adjourned.
Mormon Converts.
Cd,lr,>oorA, Tenn, November > -