Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-07

1S iester winch purporLS 10 De written by me that
1t is not correctly set FORTH desire also to call
attention to the fact that the paper is signed by
one s OF defendants, who says Dickson and other
Miner, whom those jurors declared was guilty"
| AN INSULT TO THE COURT.
''The paper" said Judge Wylle, sis an insult to
| court"
Mr.. Bliss said this case bore great resemblance
| to that OF Tweed in New York, in which counsel
sought to file paper like this, attacking the court
THAI justice committed the counsel for contempt,
thority and the honest sentiment Of the country
Mr.: Ingersoll said they sought to file this
Believed it to be- They did not eans to eie
| suit the court In a thousand cases papers had
been filed, charging the court with prejudice
| a defendant believed that the Judge was preju-
diced he had right by law to make such an a1f-
| davit
81 don't think there is any such law In the
United States" said Judge Wylie.
ION, yes" said Mr. IngsEsoll and Mr.. Wilson.
II insist" said Judge Wylle, "that If there be
such a law you shall show it."
| "Well, 1 will show it," said Mr.. Ingersoll
said Mr.. Merrick.
'There is no such law here" said Judge Wylie
PERMISSION TO FILE THE AFFIDAVIT
After further discussion Judge Wylie said "You
can file the paper, but Will hear nothing about
1t. The motion is overruled.'
| Motion for a Separate Trial for Brady.
| JUDGE wYLIE OvERRULEs 1T.
Mr. Wilson then filed motion for separate
| trial for Brady, the principal ground being that
his case was preJudiced, because evidence could be
introduced in the joint trial which would not be
| admissible If he had separate trial.
Judge Wylie said that If the motion were
| granted the evidence admissible against Brady,
| Joined with others, would be equally admissible
II he were tried alone. He overruled the motion.
Mr.. Wilson, claiming that the court miscon-
ceiyed the notion called attention to the Rerden
confession, which at the last trial had been ad-
nGt oil
Judge Wyne, IN discussing this matter, said
motion they would be obliged to have six sepa-
rate trials. He did not think there was any lack
or conference between Brady's acts and those of
the motion for separation, except that he
might be pretudiced on trial by confess
was for the discretion Of the eonr
The court had the power OF ordering severance.
The others could also ask separate trials, and so
they would have in each trial OF conspiracy with
only one defendant. In the face OF such conse-
quences, he was not disposed to grant the motion
motions made quashing the Indictment &C., at
the former trial. for the purpose Of saving all the
rights SVa, OF the the defendants defend $780,
Mr.. Wilson, "and will overrule them in the same
MIR. Merrick suggested that there was no neces-
saved.
After some discussion it was agreed that the
THE JUDGE CONSENTS TO HAVE THE MOTIONS RE-
NEwED.
Inc matter was discussed, however, for some
time, and finally, the counsel for defense not be-
ing satisfied with the record it stood, Judge
Wylie consented to have the motions renewed.
MOTIONS MADE AND ovERRULED
MI. 1ngersoll filed motion for severance on be-
half Of all the defendants, except Brady alleging
that at the former trial, evidence was admitted as
against Brady which was preJudical to the other
de1endants, 1t having been sought to show that
there was misconduct On routes in which the de-
was overruled.
The various motions made at the last trial, ex-
ceptng those pertaining to Turner, were then re-
neWed and Overruled In order
About half-paSt 2 o'clock Judge Wylie asked IL
they were ready for jury.
Mr. Merrick replied that the government was
| ready.
CONSULTATION OF COUNSEL FOR DEFENSE
Mr.. Wilson said that counsel for defense would
like few moments for consultation.
After counsel had consulted for some time Mr.
Ingersoll asked leave for the counsel to withdraw
to deliberate about motion they proposed to
make. and they were permitted to withdraw for
REMARKS OF MR. DAvIDGR
When the counsel returned to the room Mr. Day.
idge, rising, said that he had had no connection
with the former trial He understood that the
court had then ruled that each defendant was en-
titled to four challenges
Mr.. Merrick said he proposed to ask the court to
hear argument again On that question. After a
Careful examination OF authorities and inquiries
position the took at the former si tr rns
was right.
Mr.. Davidge said that that was matter for the
discretion of the court. III the matter was to be
very unlikely that the court would require or need
q reargument OF the case What the counsel
wanted now was light-to know beforehand what
Mr.. Merrick said he did not propose ito call up
the question now. The proper time would be when
Mr.. Ingerson said they had one motion to make,
| and whether they made that motion or not de-
pended upon the number OF challenges accorded
the defense.
THE COURT ON THE QUESTION OF CHALLENGING.
| Judge Wylie said that since the former trial he
had consulted his brethren OF the bench and had
been informed that two of them had de-
cided the question Of challenges differently
| from the way he had decided it. He had thought
mmself that 1t was very close question. He
thought it would be proper In view OF these opin-
| IONS ana the previous practice OF the court, at
least TO have the question reargued. Since these
conversations he had looked at the law, but he
was entirely open to impression by argument OF
COUNSEL he nad no conclusion made up and his mind
was not biased. His former decision was not a
decision without reason, and, OF course. had its
| weight with him. On the other hand were pre-
senteu Ine opinions OF his brethren, and what he
was informed had Teen the practice OF the court
He was. Therefore satisfied that IL would be right
ana proper TO allow this question to be reargued.
This was the only matter he understood that now
remained
Mr. lngerSon again announced that he had q
motion which depended upon the settlement OF
the question as to challenges
MT. Merrick said that be proposed to have tie
motion for the defense made first He under
STOOD, having heard 1t talked around, that the
counsel for defense proposed to challenge the
array.
| BOWEN AS SPECIAL AGENT.
The witness said that he was appointed agent
OF the Department OF Justice, August 3D. to go to
Arizona, and to inquire into the selling OF liquor
TO the Indians. He left for Arizona August 24th in
company with Judge Hoover, meeting Brewster
Cameron at ST Louis by accident He left with Cam
eron for Kansas City; was with Cameron about "a
hours IN that city; then went to Tucson, and they
engaged In the duties OF his office and witness with
his duties Then went to California together:
had sndered hts resignation In Arizona thinks on
the 9th OF aantAnher: dtracfed Il 70 tina Artnrn