The Evening critic., 1882-12-07
THE DEFENSE DENIED.
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THE DEFENSE DENIED.
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had been informed and believed that list OF
tnlesmen suitable to tho Government would be
furnished him to summon Into Court. The
new Marshal, who qualified last Monday, is
stranger In the city, and Is not acquainted with
It's people, and Is not competent to summon
talesmen.
Judge Wylfe's Unjudicial Prejudice.
The defendants further say that Judge wylle
Is go biased and prejudiced against them that
they cannot have n fair trial before him, and as
there is no change OF venue In this District
they ask postponement until another torn
Of the court.
General Brady makes an additional an.
davit to tho effect that ho can prove by s. W.
Dorsey that tho afiant was not In any con-
spiracy with him; that he never paid any
him; that he cannot provo these facts by any
other person than 8. W. Dorsey; That $. W.
Dorsey is in tho city at tho prcsenttime, but Is
physically unable to appear In court.
The Only Question which Appealed
to His HOnOr's Mind.
His Honor said that tho only question in his
mind was whether or not he would lot tho
paper be filed.
impoundod. II was scandalous, outrageous
and untrue.
Mr.. Bliss wished to say that tho letter pur-
porting TO have been written by him was fn--
correctly set out. Here also was one OF these
defendants proclnimlng against tho action to-
ward the Juror, Dickson, whom he was found
guilty. He said that he referred to John II.
Miner Further, no wished TO say that this
case was very much like that OF Tweed, OF Now
York, and when his counsel fled paper
somewhat similar, he was sent to prison for
contempt, and the action was sustained by q
higher court
Colonel Ingersoll insisted that there was no
intention TO Insult tho court. There were
statutes In nearly all tho States permitting de-
PENDANTS 10 mako such afldavlts, and tho case
could be removed TO another court.
The Application fs OvcrruIed.
HIS Honor permitted tho filing OF tho paper,
but overruled tho application, and exception
was noted.
MIR. Wilson filed another motion In behalf OF
General Brady. This one was for n severance
and separate trial, on the ground that 1t was
impossible for him to have fair and impartial
trial Of the things alleged against h i'm II tried
In conjunction with the other defendants.
This motion was overrulcd and an exception
filed.
Brewster Appears.
At this point Attorney General Brewster on
tered tho chamber and took seat with tho
Government counsel.
Mr.. Wilson wished tho record complete, and
sented at the former trial to quash tho indlct-
mcnt.
His Honor said that thcre was no necessity
for the motion, as all the questions had been
passed upon ana were In the record. This was
The second trial Of n cause, and the record OF
tho motions going to the integrity OF the In
Wero Nuilu.
More Motions OvcrruIed.
Further discussion ensued on the point,
and It was finally deemed best, for tho pur-
pose OF review, that the motions be reintro.
duced and passed upon serriatem, which was
done.
Colonel Ingersoll then filed a motion In be-
half Of S. W. Dorsey, j. W. Dorsey, John II.
Minor and NJ. q. Rerdoll, asking for a severance
OF their case from that Of Thomas J. Brady.
II was overruled and exception noted.
His Honor inquired If they were ready for
MIR. Merrlck replied that tho Government
was ready.
Mr.. Wilson asked moments delay and
short consultation was held between the coun-
sci and their clients.
Six Minutes For Consultation.
At tho request of Colonel Ingersoll tho coun.
sci for tho defendants were allowed to retire
six minutes for consultation. When they re-
turned Mr.. Davidge said that they were about
| to proceed to the selection OF jury. Ho had
no connection With the previous trial, but un-
| derstood that tho Court ruled that each of the
defendants had four challenges.
SIT was 80 ruled" said tho Judge.
MIR. DHerriclk's Mighty Mind.
Mr. Merrick said that he should ask the
| Court to listen to n reargument OF that dues-
| tlon. He had given tho matter careful and
| deliberate study, and was bettor convinced
| than before that the position taken at the
| former trial by tho Government was the COR
rect one. He had consulted two OF the judges
OF tho bench and found that thoy sustained
| his view.
| Mr.. Davldge said that no understood the
| question had been decided, and did not pre-.
sumo the Court wished any enlightenment on
| the subject.
HIS Honor said that It was an important
matter, and If the Government not did intend
| TO asked for reargumeAt OF tho motion, the
| other side should have notice.
| Mr.. Morrick said that he should raise the
| point when the first Juror was called.
| Colonel Ingersoll said that they had only
| one motion left, and the Offering OF that de-
| pended upon the decision OF the question as TO
| challeuso.
| His Honor Will Listen 10 Argument.
His Honor said that he would decide the
| question as to re-argument at that time. Ho
| had learned since the trial that one OF his as
|. soclates had made rulings on this subject OF
| challenges and that the practice of the Court
had been different from that followed by him
| and he thought q re-argument should DO had
His former decision had left its weight
| upon his mind, and other ho could not forget
tho practice OF two of his brethren as TO the
| practice OF the Court. These considerations
had satisfied his mind that II would be proper
| 10 allow the question TO be reargued.
His Honor then excused the jurors until to-
| morrow morning.
Mr.. Davidgo said that thoy stood on the or,
der OF the Court, and IL was for the other Side
| TO show cause why 1t should be charged.
Mr.. Morrick replied that he would stand on
| that.
His Honor wished to know who would open
| the argument.
Mr.. Merrick answered that he would at the
proper time, which was Whom the first juror
| wnF called.
His Honor did not propose to pross the gen'
| tleman, and he could make the argument OIL
not, as he pleased.
| without ending the discussion or the Courts
] rendering a decision, the court adjourned fol