Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-09-05


proved that by him.
| The Court-He would be the last man in
the world who would know it.
WilsOn-That is your honor's opinion.
If he was deceived he was a competent wit
ness to prove the deceit.
The Court-If he had his eyes open.
Wilson repeated his assertion that Post
master-General Key was competent wit
ness to prove the deception.
| Court do not agree in any single
proposition you have laid down. IF he
was deceived, the probabilities are that the
same condition of circumstances continue
to this day.
Wilson-That is the subject matter of
the argument to the jury by the counsel.
We have the right to argue that the post
master general is the man who would
know whether he was deceived OF not.
Court The counsel has no right to com
ment on the prosecution for failing to call
the postmaster general to prove the fact
that it was not known whether he could
prove or not.
| Henkle went on to argue he had the right
to comment on that fact when he was
| angrily interrupted by the court with the
exclamation, Il shall stop this. There
must be no more said on the subject"
Up jumped all the counsel for the de-
| tense, demanding an exception to the
ruling.
| Totten-We all want an exception.
Court know you do. I have seldom
| witnessed such fragrant offense in getting
remarks unfairly before the jury. They
are of no consequence anyway.
Totten-We think they are.
| Henkle-It is Il question for the jury.
Your honor does not sit here to decide
| facts.
| Court know it.
Henkle-And take exception to the
Last remark of the court
Recess was then taken. During the in
remission the court room filed with spec
tators and when court was called to order
the scene resembIed many scenes
that occurred during the Guiteau
trial. 1t was understood Mr. Ingersoll
would begin his argument this Afternoon,
but the audience were disappointed, for
Henkle did not conclude until the hour OF
| adjournment.
AS he took his seat his honor said that
during the recess he had examined the re-
cord of the testimony of Postmaster
General Key and had come to the conclu-
sion he had done right in excluding the
|
to utter just before recess. Those
remarks had been based upon the
fact that the prosecution had failed to
call General Key for the purpose Of prov
ing ne had been imposed upon. There
was no evidence at all to show
that the prosecution knew that
Key could prove the fact
that he had been imposed
upon. On the, contrary, his evidence
in the case showed that he was not aware
he had been imposed upon at all. On this
ground the court thought the comments
Of the counsel were out of place.
The counsel had commented in
the first place on the fact
| that the court had excluded
General Keys evidence and was engaged
i'll drawing an inference from the decis-
Jon of the court vixen the court saw
proper to interfere. Then the counsel
had changed his ground and proposed to
regale the injury with remarks founded on
the fact that the prosecution bad failed to
call General Key to prove he had been
imposed upon. 1t did not appear
that he could shave proved that fact. 1t
was plain therefore that there was no
foundation for comments on the counsel.
At the risk therefore of appearing little
discourteous to the counsel, the court had
felt called upon to assume this ground and
felt called upon now to maintain the ground
that those remarks were out of place.
Wilson, desire to take exception to
the ruling which the court has just made
and especially to that part in which
the court has passed on ffihat the evidence
of Gen. Key proves or does not prove,
tends to prove or tends not to prove.
Henkle-I also except.
Merrick-As part of the record of ex-
ceptions will appear Henkles remarks. If
they are as much out of place as some
have heard, there can be no difficulty
about the exceptions.
Henkle disclaimed any intention of crit
icising or commenting upon the
| decision of the court in
excluding Keys testimony. On the
contrary, he thought that it was a proper
decision.
Court 1t is with great pleasure that I
hear you say SO.
Mr.. Henkle then proceeded to argue that
the jury must find a verdict of guilty
against all or none of the defendants and
maintained that there was not the slightest
evidence to prove that Turner had been en-
gagged in conspiracy. He further argued
there was no proof that Brady knew any
thing of the petitions being forged. In
conclusion he commented on the extraordi-
nary character of the prosecution, and
made a strong appeal to the jury to acquit
| the defendants.
Court then adjourned. Mr.. Ingersoll
speaks tomorrow.