Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-05-05
Scar Route CGSes.
oeoosrn,xes IN CRIMINAL COURT.


PROCEEDINGS IN CRIMINAL COURT.
WASHINGTON, May 4.-R-gular proceedings
In the cases of the United States against Brody,
Dorsey, Turner and Others, begun In Grimm al
court today. General Brady and Turner were
the only defendants present at the opening OF
court. There was f. large attendance OF
counsel and spectators. Counsel for the de-
PENDANTS in tbs straw bonds cases were stten-
five observers of the proceedings. Judge
McSweeuey of Ohio was present, ana IL IS
said may become one Of the counsel for
Dorsey.
The proceedings began with 2 motion to
ouash by Col. Totten IN Turner's case.
He said the grounds were substantially the
same as those alreaGy disposed OF II other
c!ses, snd he sked TO have The plea OF not
guilty withdrawn and to have his motion en-
tertained Col. Totten also presented several
other motions and proceeded 10 explain the
new points. They involved the fact that one
motion charges that Tuner, who was al off,
Ger OF the United States, is convicted in the
same indictment with other parties who were
not United States officers; also that the several
acts charged are in different degrees IN several
conflicting statutes.
Judge Wylie said he could not see why
public officer could not conSpirc with cIti-
zen to defraud the government.
Col. Totten--But they are guilty OF different
crimes, and should be separately indicted.
Judge Wylie-No, there was one crime, the
conspiracy.
After further argument the judge denied the
motion. This motion, the judge said, had
heeu made at the same time when the trial
was fixed, and he would use mis- own discre-
ton and override the motion.
Defense noted exceptions. Col. Ingersoll
said he had another motion to file IN Dorsey's
case. It was like the other, and he was about
10 make an argument upon it, when Judge
Wylie said the matter was finally settled and
he should hear no more argument.
Counsel for the defense then fled new mo-
tons and pleas, which the court overruied in
bulk, and Col. Totten asked TO have excep
tons noted. The court stated there was no
such thing as noting exceptions in criminal
gases in the district, but they could be record
ed with an order of court.
Merrick then stated that Jno. ". Dorsey
had not been arraigned, and iss added, that,
10 view of the fact that lngersoll promised
him in terms, several weeks ago, to produce
Jno. w. Dorsey in court and relying upon
this promise, although they had bench war
rant for his arrest, they had promised ''not to
make themselves unhappy in trying to secure
his arrest. Dorsey had not been produced.
He would call attention to this barefaced vic
lation, and said he regarded it is mere cause
OF delay.
lugersOU spraDg to his ieet, ana bringing
his fist down upon the table, exclaimed, ''You
ere liar, sir; liar!" Considerable excite
ment follwed, and the court called upon the
marshal with the evident intention of placing
the participants under arrest, hut seemingly
changed his mind. Judge Wylie said: "Such
language is intoerabie, and ! will not endure
it. Perhaps Col. Ingersoll has gone beyond
measure, but the offense of Bliss is ineXcusa-
bic. Will allow this offense to pass upon
this occasion, but warn ali the gentlemen to
avoid repeating It,"
Merrick then entered into an explanation of
the circumstances of the argument between
the counsel fol Dorsey's appearance, and
claimed that the statement of Bliss was cor
rect.
Ingersoll, in answer 10 an inquiry from the
court, said he did not deny the facts. He did
deny that he had been guilty OF trick. He
had acted with perfect good faith, under the
conviction that he would be able to produce
Dorsey. Ee supposed, when he made the ar
rangement that he had power to produce
Dorsey, and wanted to say now that he could
rot.
Bliss then followed with a personal ex.
PLANTATION, which the court interrupted to say
they had better get to work.
Merrick then said they must ask for an ex-
tension of ten days in order that the officers
might be able to hunt down this man.
Col. Totten--We are ready for trial, your
honor.
Judge Wylie-Where is your client?
Totten-Oh, Dorsey is not my client.
The court then granted an extension OF the
hearing until May 16.