Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-16
The Straw EOnd Cases.

CLOSING PROCEEDINGS IN THE POLICE COURT IN
CASES OF CABELI., DICKSON AND MINNIX.
Yesterday the hearing in the cases OF Cabell,
Dickson and Mnnix, on the charge OF conspiracy
in putting In straw bonds with proposals for car
rying the mails, was continued after our report
closed Mr.. T0tten, in his argument for the de-
as an attempt to have the court denonnce the
system{ In vogue in the Post ONCE department
The court was asked, he said to single out for
punishment two men who had performed their
duty 1t had been charged that these arrests were
made just prior to bidding. to prevent the accused
from putting in their bids, but he did not know
how that Was-lt was not his business. He then
proceeded to argue as to whether there ''prOb-
able cause" for holding these parties. Mr.. Totten
said that the defence detied any one to point out
violation Of the statute and argued that the nd
was conditioned on the bidder in case he was
awarded and entered into contract. He denied
that there was any evidence OF conspiracy or any
other crime, except by mere assumption.
Mr.. Totten, as to the duties of the court, read
Judge Bradley's decision In 81 Wood, 5O2, as to a
rule for the guidance OF commissioners.
Mr.. Wilson addressed the court in behalf OF the
defence, and in the OF his speech contended
that the duties OF the sitting magistrate were
judicial. The court deciding his functions to be
ministerial MI Wilson defended his position SO
t1 ttigoronsly as to receive sharp reprimand from
the Judge for dlSreSpect to the court
Mr.. A. X. Browne closed the case for the de-
fence. and the prosecution having nothing to say
would be rendered to-day.
JUDGE SMELLS DECISION.
The straw bond cases were not reached to-day
until after half-past IL O'Clock. Before that time
Messrs- Bliss, Wilson, Totten Hine and other law :
yerS engaged in the case, together with the de
PENDANTS, assembled in thecourt-room. When the
regular business of the court over Judge Smell
q the United States vs. ' esDe anu 'e others sas
racy. against Cabeii and his sureties. Dis
cussing the powers OF the court In the matter :,
he quoted the decision Of Chief Justice
cause, when shown, required that the defen-
dant should be committed. Under the laws OF this
District, he said. after quoting other authorities
were circumscribed, that they We're ministerial
and not judicial Referring to the charges against
the concerted violation OF the statute framed to
prevent the evil commonly known as straw bid
ding. He defined a conspiracy according to COM
mon law. 1t was In proof, he said, that Cabell
was a bidder on large number OF routes; that
the bonds accompanying the bids aggregated
$,9s9 705 Referring to the particular route Which
be considered whether the bonds were worthless or
not. He said there was no doubt the law
contemplated that these bonds should be good
for one-fourth OF the amount represented in the
contract. After reviewing the evidence in the
case, he said that it was shown that the 575 acres
OF Morgan county (ky.) land, worth $1,125, were
made the basis OF SuretieS on contracts amounting
to 100000, and the basis of bonds submitted with
son, he said, had, as a mere puppet, sur
rendered the property, without. question, to
Cabell, when the purposes for which it had been
the evidence showed Well defined purpose to i'm
pose upon the United States worthless bonds. He
ent evidence TO hold them for the grand jury.
THE PRESENT BONDS SUFFICIENT
So far as the excuses made by the defence were
concerned, he did not think they were OF cbarac
ter which he. as committing magis trate could
consider. So far as bonds were concerned, he
thought the bonds under which the parties were
now held would be sufficient
APPLICATION FOR MR. CABELI's RELEAsR.
Mr.. Hine asked that Mr.. Cabell be released on
his own recognizance and be permitted to with
draw the certified check for IS 0O0 under which he
is now held as he has use for the money tn carry
ing out the contracts which have recently been
awarded to him by the Post Office department.
Mr. Bliss said Mr.. Cabell had presented to the
with the same worthless sureties. The tnabilf Y
they perceived here on the part Of Cabell to give
an ordinary bail bond would hardly lead them to
believe that he could give sufficient security to
guarantee his contracts He did not desire that
any sum be required OF Mr. Cabeu more than suf-
hcient to insure his attendance
WHAT JUDGE SMELL SAID.
After further discussion Judge Smell remarked
that he thought gentleman who could enter into
such extensive contracts with the go vernment
should be able to give bond for $2 600.
Mr.. Hine argued that 1t was Oppressive to add to
the bonds already required from this gentleman
by the gov government IN any any excessive bond.
Mr.. Bliss said he was not carrying the mails; he
had contracted them out
BAIL REDUCED
After further discussion the bail in the case OF
each OF the three defendants was reduced to Geo
They were allowed until tomorrow to fur nish the
requisite bonds
Mrs. Garfield Appealed To by Mrs. sco-
viIlcs
telegram from Chicago last night, says: Mrs.
Seoville, sister OF Guitean the assassin has writ
ten Mrs. Garfield long letter urging her to inter-
appeal, and fmplores the widow OF the late Pre8f-
dent to look upon Guiteau as sbratr-6ick, delude