National Republican., 1882-12-04
SOME LIVELY LAYING.
Judge NVyIio Crrslics Bnrrister Who In
sisted Upon Playing Bnnpuo's Ghost I'm

Judge yVyIic CrJtshcs n Bnrrister who In
sisted Upon Playing Bnnguo's Ghost I'm
Court.
A QUESTION OF CONSTITUTIONAL PRIVILEGE.
On Saturday the case of John Hit2 and Dr.
Charles +. Prontiss in connection with the
Gcrman-American Bank failure camo before
the criminal court on preliminary motions.
The government was represented by the dis
trict attorney and Mr.. Il. Ross Perry, special
assistant For the defense appeared Mcssrs,
Il. +. Butler of Massachusetts,; o. ID. Barrett,
w. A. Cook, and X. 4. Musscy. Mr. Hitz de-
INJURED to the plea, stating the court ought
not to take cogni2ancc of the Indictment, pro-
testing that, in addition to not being guilty,
he is Swiss citizen, and at the time and pre-
viously to when the oficnse is alleged to have
been committed he held the position of consult
general and political agent of the Swiss Re-
public and as such had been recognized by
the United States. Wherefore he prays iudg-
mcnt, and that the case be dismissed.
Mr.. Perry requested the court to certify the,
case to the general term so that it be heard
there in the first instance. He stated the
case involved question of constitutional
privilege, and he supposed it would be carried
to the Supreme Court of the United States.
If decision adverse to the government was
rendered in this court there was no means Of
taking the case to the Supreme Court of the
United States. He also filed n demurrer to
the plea as being bad i'll substance, inasmuch
as it contained averments as TO three separate
matters of fact, to-wit: That the defendant
is an alien; that he was consul-gencral of
tho Swiss Confederation at the time, and that
he was political agent of the same. Mr. But
Ter maintained that the avermonts all en-
braced one subject. He had no objection
to the case being certified to the
general term, still he preferred a rul-
ing here. He then read his brief
to show that q consul-general was entitled to
the privileges of other diplomats. Judge
Wylic declined to certify the case to the court
above. He did not regard the averments as
duplicity, and thought the pleas not obicc-
tionable. Mr.. Perry wanted to file brief in
answer to that on the other side, but was
opposed by Mr.. Butler. Judge Wylie ruled
there could be no other brief filed and that
the case must proceed. Mr.. Perry said he had
no doubt that Mr.. Hitz was u Swiss citizen !;
the Attorney-General had examined the case
through Mr.. Smith, his assistant, and an
order was about to be made out for disContin-
uance, but other complications arose and action
was suspended. The court remarked the gov
ernmcnt could nolle prosequi the case if they
wanted to. He was of the opinion that the
defendant was not privileged. Mr.. Barrett,
for the defense, claimed there was no
question that the court had control over n
foreign minister regularly accredited. The
question was how far Mr.. Hitz was entitled
to the exemptions of an ambassador. Mr.
Butler argued the same ground at great length
citing authorities and transating the COM
mission of Mr.. Hitz. The district attorney
said the question was how far Mr.. Hits COM
mission made him an ambassador A political
agent was not entitled to diplomatic rights.
AT the conclusion of the argument the court
reserved his decision until to-day. The case
of DR.. Prentiss was then called, the motion
boi IN bn ca 10 CHI hot
Samuel R. Cuttings was regularly drawn as a
grand juror and accepted Mr.. Perry stated
if the record was analyzed it would appear
that two men were returned not found and
five were excused.
Mr.. Cook rising. But
The Court-Let me hear the analysis
Mr.. Cook-If the court please
The Court-I will not have an interrupt
tion.
Mr.. Cook-But-
,Tlru Oourt-TaKe your seat, cir, toiso your
seat.
Mr.. Cook-But-
The Court-Ill have no more of this. Take
your seat, sir.
Mr.. Cook-I am not conscious
The Court-It is not n question of your
consciousness. Where is the marshal?
At this juncture Bailitf Hughes stepped for
ward.
The Court-Talle your seat, sir.
Mr.. Cook-I have the floor.
The Court-Arrest that man.
Mr.. Hughes whispered something in Mr..
Cooks left ear, and Mr.. Cook sat down. Mr..
Perry then finished his argument. The Court
told Mr.. Cook he might now proceed. Mr.. Cook
said he was under arrest. Judge Wylie said he
had told Mr.. Cook to take his seat, and Mr..
Cook replied that he had been arrested by the
marshal. Judge Wylie then discharged the
counsel from custody, and he concluded his
argument. In this case also the decision was
reserved
BREACH OF PROMISE.
On Saturday suit was entered by Emma A.
Markley against Orland f. Smith, claiming
$4,000 damages for breach of promise of mar
riage. The plaintiff alleges in her declara-
tion that on August %, 1881, at the request of
the defendant, she agreed to marry him on
the 18th of October, 1882, and was ready and
willing to perform her promise, but the de-
fendant failed to keep his agreement, and on
the LIST of last August married another person.
THE RECORD.
Court in Baac-The Chief Justice and Justices Coo
and JdmeS.-AsSgnment for to-day--Nos. 81, A.
as, 5i, 56, SO, 60, 81, 62 and 6S.
Circuit COurt-Justice MdcArtI,r.-Broadhead vs.
Carman; judgment by default. Burchell vs. Tay-
lor; Judgment for costs against plaintiff. Stewart
VS.. Reed ct al; bill of exceptions signed. Hill VS.
Fletcher & Murdock demurrer overrued us 10
Murdock and ten days to plead. Dillington VS..
Davis; bill of particulars granted Assignment
1856, l25, 1872, "A, % (appeals), 1873, and 15S.
Marriage licenses have been issued to Dennis
IJorgan, Washington. and Caharine Cannon
Ulster County, New York; Franz Hermann, Ber-
lin, Germany, and Lizzie b. Fuller Washington 1;
John NJ. Lettercr and Amelia A. Kirby.