National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-05
AN EXCITING SCENE
I'm the Criminal Court in the star.ttoua
Cnsrs-The IIc Passed.

Yesterday was the day set for the trial Of Brady,
Dorsey, aud others charged with conspiracy with
intent TO defraud the Government by means OF
star-route contraots. There were present of coun-
sci Messrs. Mcrrick, Bliss, Ker, and Corkhill for
the Government, and Messrs. Ingersoll, Chandler,
Williams, Wilson, Carpenter. Totten, and Judge
McSweeney, OF Ohio, who IL is understood will be
of counsel for ex-senator Dorsey. OF the accused
there were present ex-senator Dorsey, General
Brady, Messrs. Turner and Miner Mr.. Totten
opened the proceedings with motion TO
ouAsH fiiR INDICTMENT AGAINST TURNER
on the ground Of misconduct OF the grand jury,
the misoinder Of parties and the misjoinder of
causes, and on the grounds offered in the other
cases. In addition they asked that tho Govern.
ment bo called ON to elect in the case Of General
Brady and Mr.. Turner, whether they will proceed
lie asked that the court allow the plea of Mr. Tur-
ner TO be Withdrawn in order that tho motions be
lnterposed IN his behalf He then proceeded to
citizens in one indictment, and cited an opinion
OF Judge Dillon to show that trial could not be had
ubon both; lie held that IL was impossible for the
charged against the public officers, and vice versa.
JUDGE wY1IE SAID
that the parties wofc indicted under section $40
OF the Revised Statutes, and the punishment Is
prescribed under that statute. Two parties con-
nected for tho purpose Of cUnsplracy-one being
Government oflicer the other priyntc citizen
one Indictment would be sufficient under sec.
tion $40 of tho Revised Statutes. Two mo-
alleged %s%sS hi%4PPiSssa ed 'SSdGiSH :s
these motions had been disposed of a
plea In abatement was entered supported by
nflidavits, as to misbehavior on The part of the
jury IL the court is satisfied that the grand jury
mas misbehayed II Will quash tue indictment, but
this question can have no effect upon petit jury
There must be grand jury, and II the grand jury
Is made up OF disqualified persons its action would
be void. Tho plea of not guilty entered by the
court for Mr.. Turner could not be Withdrawn for
the purpose OF allowing tho counsel to file the mo.
ton to luash and the plea in abatement without
me court leellng that II was ttfing with matters
before him. The motions were therefore overruled.
separate motions on the part of General Brady
were then fled by tie counsel for the defendants
and exceptions TO the judges rulings noted. At
MT. lngersolps request the applications previously
there was any more business before the court.
Mr.. BLISS CALLED ATTENTION
to the fact that John W. Dorsey had not been ar
ragned, and that Mr.. 1ugctsoll had agreed to have
him here, and ho believed it was Intentional OH
Mr. Ingersolls part to violate his promise and not
have him present
Mr., Ingersoll here arose exoitedly and, slapping
liarw
Marshal, called Judge wylie, in threatening
tone; and then, addressing the counsel, said: "Mr
Bllss, your remark was unCalled for and ipeNCts-
able and MIR. Ingersoll's beyond proprety, but
might be cxCusublc on account of what caused 1t.
viii sny here now, aud once for all, that these
scenes VIII not be tolerated. and If repeated the
parties must be responsible. shall pass this for
The present."
Aher the excitement caused by this scene had
subsidized, Mr.. Morrick stated that MIR. Ingersoll
bad pledged himself to have Dorsey present. and
he had relied upon Mr.. lngersoll's pledge. Mr.
lngcrsol replied that he had acted In good faith
in the matter. Mr.. Merrick asked what efforts had
been made TO have the defendant here, but Mr.
lngersoll declined to answer any questions put by
the other side, but said he would reply to the
Court. Mr.. Merrick said that under the circum-
stances they were constrained 10 ask that this case
should so over for ten days, in order that this in
be brought hero by bench warrant Judge Wylic
said he wns anxious TO have the trial concluded be-
lore tho warm weather sets in, and would set 1t
down for Tuesday yyoek