Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-02
THE GERMAN AMERICAN Ma.
TlONAL BANK CASE.
Gen. Butler as Counsel for Nyr. EIitz-
Scene with JSr. w. A. Cook.

To-day in the Criminal Court, Judge Wylie the
German American National, Bank cases we're up
on motion filed on the Indictment charging
Charles E. PrentiSS and John HitZ with abstract
Ing and wilfuily misapplying the funds, in unlaw-
fuily allowing E. p. Hal5tead to overdraw his
account to the amount s10025 for the purpose Of
nuylng up stock OF the bank on JAY I2th, 1878.
The plea Is filed the part of Hz ana sets toCth
tntt the court ought not to take cOgEiZance OF the
alleged onenseS charged In the Indictment be-
cause he was born citizen of Switzerland, and
was before and at the time OF the alleged ofensa,
As charged To have been co ommittai ana when the
Indictment was found, filling the position of Consul
General and Political Agent OF the Republic Of
SWitzerland; ana he was recognized as such by
the government OF the United States, wherefore he
pr3ys tu lgment and that he be dismissed.
Cen F. Butler and Mr. Q. D. Barrett appeared
cal Assistant r. r. Perry for tha government.
DEMURRER TO THE PLEA OF MR.. HIIz
Mr.. Perry suggested that the case be certified to
the General Term. He filed o demurrer 10 the
plea that 1t is bad IN subStance-the point to be
argued is that the plea Is double, containing aver
mens as to three separate matters OF fact t. wit:
That defendant Is an alien; that he was consul
general or the Swiss Confederation at the time
ana that he waS political agent o. the sane. Mr..
Perry sad The case would likely 90 to the supreme
would Hike the decision o. the Court in General
Term.
GEN. BUTLER DEFENDS THE PLEA.
Gen. Butler said that the avermants all tended
TO and embraced one subject Wh.le the case
might go to the General Term, he preferred rul-
Ing here; and he read from a brief to show that
consuls general were included within ana entitled
to the privileges OF diplomats.
THE COURT SAID
he WAS not Inclined to send the incidental 0les.
tfons TO the court above. He did not regard the
averments that he CHitz) was an alien and tnat he
Was a consul general and a political agent as
duplicty, and he did not think that the plea was
Objectionable
Mr.. Perry said that If the court overruled the
demurrer the case must faN lor he knew OF no
machinery OF law BY which progress conId he
made by the Supreme Court Of the United States.
He asked permission to file d brief in reply to that
Mr.. Butler objected to any brief being fled on
the other SIDE The Department Of Justice hal
ploy counsel The case had been pending Tor
years, and to-day had been set for hearing. He
lHitz) was at large on bail.
Mr. Barr r,tt.-Mr HitZ has not been on bail
Gen. Butler.-He has not been arrested, and IL
he had heen, he should have resisted and claimed
| immunity, and gone before tue supreme Court on
habeaS corpus. We Will 60 on vita the hearing.
THE QUESTION OF IMMUNITY OF MR. HITz
The district attorney remarked that he had
found these indictments when he came into office,
and had had some doubts on the question OF i'm
munity. Some time ago the counsel for defendant
said that he would scorn to take advantage Of his
privilege. sail then that when the case was cal
led he would plead his privilege.
Ihe C0urt.-Mel he has and you are not diSap-
pointed.
Mr.. Perry said that there could be no second de-
murrer. He had no doubt but that Mr. Htz was
SWISS citizen. The Attorney General had eX-
amincd the case through Mr.. Smith, an assist ant.
AMI an order was about to be made for It's d!Scon-
tlnuancr, but other compi. tons arose and action
was suspended. He WAS or the Opin on thai this
court had no jurisdiction, ana that the case must
The court said IL the government wished to dis
continue the case the prosecuting officer could do
so.
Mr.. Perry remarked that the court could order
The court said that that was an Office belonging
TO the Attorney General II they wished to argue
the case they could DO so.
Mr.. Perry said he had come prepared to go on
with ne argument.
The court remarked that this was case fnvolv-
ing an import mt principle, ana there should BE-
ruling on it by the highest court in the land. He
was OF the opinion that the defendant was not
privileged
Mr.. Barrett said that there was no question but
that THIS court had jurisdiction over consuls. In
Europe every court had held that they had no
control over foreign minister regularly accrad-
| ited. The question here was whether Mr.. Hitz's
| rank nut him ON the footing with ambassadors or
ministers as to privileges
Gen. Butler claimed that the positions OF politi-
| cal agents and c0nSus were ragar ied by al en-
lghtened Zig nations as having diplom tic character.
| They claimed no immunity because or hts consul
lar position and did not plead 1t. There plea VAS
that he was consul general and political agent.
| Gen. Butler here Translated the commission OF Mr.
liitz as such, and said he was not appointed a
| commercial agent TO supervise invoices, but he
was the means OF commune ton between the two
countries minister, from the time his ere len
tlals are received, Is exempt from the jurisdiction
or the laws OF the country TO which he Is sent and
simple question MAS whether Mir. Hitz is a poti-
cal agent or not; whether he shall be shut up In
| jail and be debarFed from maintaining the rela-
| u0nS Of his country with this country
District Attorney Corkhill said the question was
how far the commission given Mr. Htz in 1858
cfllce as political agent known to the law OF ma
| tons.
| Mr.. Perry said that the defendant relied on the
10 1Sl- al 10
| 10 require the defendant TO plead specially.
DECISION RESERVED.
The court said he would announce his decision
On Monday morning.
THE CASE OF MR. PRENTISS.
The case OF PrentiSs was then called, the pend
Ing motion being the amendment OF the record
Messrs. Mussey and Cook suggested that the
case go over, but tho court declined to postpone
The motion to amend the record contemplates
having the record corrected so as to show tb NJ s
juror of the March term OF the court in ISS1-
tue present record showing that Mr. Gitting> was
The defense having opposed the motion Mr.
feTf, SAD thaC on an analysis OF the record it
coull De seen , lhat one OF the two not found ap
peared. There were five excused and two not
found.
Mr.. COOK REFUSES TO TAKE HIS SEAT.
Mr.. Cook, rising, said, "but-"
The Court.-"Let me hear the analysis"
Mr.. Cook.-'If the court please-n
Mr.. CGoR.-"But--"
The Court.-"Take your seat, sir; take your
seat.n
Mr.. Cook-"But-n
The Court.-"rll have no more Of this. Take
your seat, SIR"
MIR. Cook.-'I am not conscious"
the Court-"it i5 not question OF your con-
ScOuSnesS"
Mr.. Cook continued to stand, and the marshal
being called, Mr.. r. B. Hughes approached Mr..
Cook.
"Take your seat. sir,n said the court.
81 have the foor," said Mr. Cook still stand
ing.
Mr.. COOK TAKES HIS SEAT
ARREST that man," called ont the court Mr.
Hughes, ~bailiff, said something in a low tone
to Mr.. Cook, and the latter took his seat. Mr.
Perry then proceeded with the analysis, and The
court being satisfied, directed Mr. Cook to pro-
coed.
81 am under arrest" said Mr. Cook
The C0urt.-'I told you to take your seat.v
"But the marshal put me under arrest" replied
Mr.. Cook, "and while under arrest | cannot
proceed"
"Weli,n said the court "you are discharged from
custody"
"Then,"a said Mr.. Cook, 81 will speak," and he
proceeded with his argument
Mr.. Perry followed, and the case was submitted,