Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-02


WASHINGTON, April LIN the Star coeb
cases this asorsiRg Kerr began, opening fel
tAe prosecution, and discussed as leagth Che
subject Of the conspiracy, claiming thai it did
not follow, when overt acts were sesup, thai
the prosecution must establish the fast 6has q
crime or misdensSaor was actually commit
Ted in order 10 prove conspiracy. The overt
act need be simply something to show consent
0f action In IsgicSl movement, to carry out a
conspiracy. The act, in itself, might or
might not ceastitate "a crime. Kerr then die
Kissed Inc indictments, denying their Insult
icjeacy or vagueAsss, MS Claimed by Che de-
en5e.
Kerr WAS followed for the prosecution ay
NerricE. who iegan his argument with a re-
yiow OF tho So,nG raised by ;he defense that
the finding OF the indictment was Irregular,
because OF failure 10 c0mply VITA tbe re-
auiremens cf the Revised Statutes cf ryy2
COUNSEL revs vel eSe facts connected with the
iiaGlag OF the Indictments, and Insisted thai
40 i.regu'srity could be proved, even uader
the statute plested by the defense. Passing
- tue Qutsiou a. 10 whether the Maryland
statute Is still, III force ju the Uistricto OF Col
umbia, council claimed that 30 mss before
the bar, not even she honorable judge upon
tke bench, had ever heard the statute OF lY72
pieaCed in his Gfetriet, Counsel had for EaeBY
FEARS pTactict0 IL the courts of Maryland and
lad speut eesne time IN the PREPARATION
VI O lIgest OF the laws of Maryland during its
criminal practiee, and hc b3d Beyer heard OF
thiS statue al 1879. There vas not a word
upon this act ia auy Of the Maryland reports,
tRd no district attorney OF The stats eli Mary
land or OF the District OF Columbia had ever
DrRcticed un4er IT, The practice III The
United s stes courts Was deiinei by the st l.
I l.. - =
thereto are sgeo .taesO repealed. MerriciI al
iuded to Whist 10 ealh d tic ciam Of The de-
fonSe, that the judiciary mu6t not Investigate
The acts Of The executive, SO that in she Case
)t Brady he cosId not be tried for his oficisl
kcts or for the excess of MS discfe Ton,
whotIer good Or bad, ia the discharge of his
official dntes. This, said Merrick, is not
vhGt VIC are trying him Tor, but We are tryi0g
tim for b crime. We are trying hisR for a
conspiracy. Tho overt act, so far ss shown,
may have 6%n done under the cloak OF his
official position Ia conclusion Merries said:
Gentlemen, let us go before the iary as seen
Is possible. aSa II these men are iRp0ceat, let
them be acquitted, ard let the country he re-
iieSed of this great seaodsl
While Merrtck Was speaking Attorney Gea.
raj Brewster catered the room ard took p eesS
With the couHsti Tor he prosecution.
Bliss on sehalf Oi the p Ose cutioR begsF the
losing argument upon the motion 60 qa9sh
rhe indictment, commencing with 1n eEbaHs-
live and technical defense oi the indictment as
: good and vaHo one.
Bliss said il sac doctrine advanced by the
4efeAse Should b. accepted by she eoarss and
country it would only he neeeRsa<y fesr a pzb-
tic officer t. resicn 10 ese;,es absolutely from
si Liability FOR criminal acts done while In
1eice, Ter he e0uiC rot De iFs pea ehed after be
bad resign d, S84 eoald not be tired ky eha
courts, becsuse tie acts were dSae while an
executive officer, and, a. the defense ciaius,
~ tire exercise OF u di5crn hon which WAS his
bylaw; ''and fIss hers want 10 renalrIS,"
said Bliss, win some excitement, ~ want 60
tetl the defense thab no amount OF abuse THAI
nay be heaped pom she gentlemen who are
conducting this prosecution will deter them
from the discharge of their dpty," la eXpla-
nation OF this remark, he further stated that
& newspaper writer upon paper owned and
controlled by Gen Brady had publicly as
serted last night that he had received iHsiruc-
lions from Brady to abuse every man COLI
1octed with khe prose :utton, and that be
should write an article for to mo7r0w's Cspi-
eeS. in accordance with thesa instructions.
aud that the writer sand Bliss sis an Gure-
formed inmate OF nearly every inebriate aSy-
lam ia TIE c0nutry."
a sharp e0llOgly ensured bebw zen Bliss and
Wilson as to which side was responsible for
beginning newspaper abuse and personalities,
searked, "Genticmen, this thing has gone far
enough. Tina 10 not the place for arguments
Of thar characier-'
Bliss concluded his Argument With the as
suralce Ia The defense, thAS If upoR presenta-
tt0a of evidence Tor the prosecution il should
seem tO him insufficient, no lBliss) would
most cheerfully move 10 dismiss, with add-
iOnal satisfaction arising froya thu fact shat
he had heretofore enjoyed with one of the do
PENDANTS social relations Of the pleassntssS
character.
Judge Shellaoa<ses then began tbs closing
Argument for the defense. He urged the ill.,
autticiency OF the Indictment eader section
$40. inaumuch IS it did not set forth crime
defined by the section, and ons for which Dun
cstmeut was defined. This, Shellsbarger, ia
one of toe oklest aud most inexcusable inva-
sions by court OF tue power of the executive.
Whether or not this is G crime depends on
whether or not it was good thing to expedite
mails. YOn are going to have the osurt and
Jury try question which the courts have said
it Is Impossible for the ourts TO touch. An
executive officer is responsible to the
highest aud most Seerful ordeal
ths ordeal of impeachment That is pro-
oeedure which the law has prescribed % against
Brady and his superior officer, If they dsd mot
follow according To their judgment what they
thought proper and just in the light OF tho
public welfare. Il ia Impossible to prodiosso
srnuG on The allegations Oh the sudietnauts
where the discretion OF an executive officer
IS in question. DO court can by civil sctien, by
nandAmus, by injunction, by grand and
traverse juries, or by any other way invade
the functions OF the senate in trying this hieh
,ffeuse for the corrupt abuse Oh his dIscros;On
TIE senate is where the constitution HISS
placed the remedy. Let IS stand there. Ie Ia
not judicial deccncy to try this man here. Fs
is consigned to another tribunal. 1t belongs
- the senate, and let st stay there.
Judge Wylie said he would conRider the
arguments, and decide on them hereafter,
giving council two Or three days. notice OF the
eims be would render his decision. Adjourned,