Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-11-26
EX-SENATOR SPENCER,S CASE.
His Appearance in Court.
PROCEEDINGS BEFORE JUDGE wrL1E ro-pA'

H
PROCEEDINGS BEFORE JUDGE wrL1E TO-DAY
Ex-senator George E. Spencer, OF Alabama, who
was appTehcnded in Nevada on bench warrant for
contempt OF court for not appearing when sum-
moned as witness In the recent star route case
was brought to this city last evening in charge Of
Deputy United States Marshals L. P. Wardle and A.
Muckers. Mr.. Spencer was placed in nominal con-
hnement at the Arlington hotel
This morning, few minutes after ten O'Clock,
ex-senator Spencer, accompanied by his counsel,
ex-senator Boutwell,, and Charles E. Mayer, OF
Abraham Mayer, and the two deputy marshals
from Nevada was driven to the court house. and at
once proceeded to the marShals office, where the
Nevada officers turned him over to the marshal OF
the District District Attorney Corkhill was sum
m0ned, and had a conversation with the counsel
for the ex-senator as to future proceedings Mr.
Corkhill suggested that as the alleged contempt
which Mr.. r. \. Merrick was the leading counsel
for the government, that that gentleman should
be sent for This suggestion was accepted, and
Mr.. Merrick was telephoned for. and replied that
he would be at court at II o'clock.
THE GOVERNMENT STAR ROUTE COUNSEL IN COURT.
At quarter to II o'clock Messrs. Merrick, Bliss
and ker the counsel for the government in the star
route cases, arrived at the court house. and imme-
diately passed into Judge Wylie's courtroom.
1--WE propose TO see" said Mr.. Ker to a STAR re-
porter, who buttonhoed him at the door, ''whether
the subpoena of the court is to be disresarded. 1t
rests with Judge Wylie to dispose OF the case"
Ex-senator spencer was brought into court by
Deputy Marshal FaSsett few minutes before ii.
He was given seat behind Mr.. Merrick.
At II O'Clock District Attorney COrkhiI inter-
rupted !he Trial In progress, and announced Mr..
SpencerS presence.
ready and desfrouS to proceed with the hearing OF
the case at the earliest convenience of the court.
as n { "ge raha ter engIn III WIFI Mr. magga
said he would hear the case OF Mr.. Spencer at
o'clock.
Mr.. Merrick announced that that would be salts
During the two hours that elapsed before the case
came up In court again Mr.. Spencer remained In
the marShalS private Office, where he had a long
consultation with his counsel and Mr. u. H. Painter,
who was present.
MR. SPENCER DECLINES TO BE INTERVIEWED.
Mr. Spencer, acting under the advice of his coun-
sci, declined to be interviewed.
Mr.. Boutwell, remarked to a STAR reporter: eve
want no interviews at present."
"Then," said the reporter, "the nature of Mr..
Spencer's plea viii not be developed until he comes
"No" said Mr.. Boutwell,, "that will not be known
until the proper time"
PROCEEDINGS BEGUN IN COURT.
At one o'clock Mr.. Spencer and his counsel and
the counsel for the government again appeared In
court.
Mr. Corkhin read the capias OF the court for the
arrest of Mr.. Spencer. issued July 18th, 1882, and
the endorsement showing the arrest OF the prisoner
In Nevada on the 10th Instant
Mr. Boutwell, said they would like to know whe-
ther any specific complaint was to be made by the
government except the reading of this writ.
MI Merlfck said the party had been arrested upon
an attachment for. contempt, adjudged upon facts
appearing OF record He presumed that the first
step was for Mr.. Spencer II he chose to do so. to
defend himself, and whatever proceedings might be
taken by the government would appear Of record
afterwards
JUDGE wYLIE SAID
that when witness Was brought into court by at
tachment he was allowed to file an affidavit purg-
ing himself, and no counter af1idavitS would be re-
cptVp6 a of al
courts to allow the government to file interrOga-
tories and require the defaulting witness oanswer
the lnterrOgatOrieS before a commissioner OF the
court When the answers came In the court de-
cided upon them.
MIR. BOUTWELL, MOVES TO DISMISS THE CASE.
Mr.. Boutwell, said that before proceeding further
he would like to make motion. He then read a
motion to dismiss the case On the following grounds:
First, that the case in which the alleged con-
tempt was committed has been disposed OF finally.
Second, that said contempt was committed at a
term OF the court now ended.
Third, that the records OF the court show that
no fees were either paid or rendered to Mr. Spencer
when the subpoena was served upon him, and con-
sequently Mr.. Spencer was never In the jurisdiction
Mr.. Merrick objected to proceeding with this mo-
ton, as irregular.
MI. Boutwell, urged that, to save the time Of the
court, these questions should be disposed OF now.
Mr.. Merrck argued that there was no 1urisdic-
t1Onal question here. He said as to the statement
that Mr. Spencer was not In the jurisdiction OF the
court, that the affidavit upon which the attach
nent was Issued showed that Mr. Spencer had
come to this city after the subpoena was served
upon him.
THE QUESTION OF JURISDICTION.
Judge Wylie said that the only question worthy
OF consideration now was the question as to the
Jurisdiction OF the court. He thought that in all
criminal proceedings or collateral proceedings the
question SaS to the jurisdiction Of the court was
always proper one. He decided, therefore, to
hear argument on that question
Mr. Boutwell, read section 725. Revised Statutes,
empowering courts to punish for contempt. He
Claimed thai the words In the Judiciary act en-
poWer1ng courts to punish for cOntempts COM
had not been brought forward In the Revised
Statutes He quoted number OF authorities tend
ing to define the powers Of court in Furnishing for
contempt, arguing that the power was limited to
the term In which the act OF contempt WAS COM
mtted.
The argument was in progress when our report
closed.
EX-SENATOR SPENCER THREATENS MAKING A CON-
Mr. Spencer is quoted as saying In an interview
last night that If he sent to Jail he would send
m appeal to the House and Senate together with
some statements that may make a congressional
investigation of the governments conduct OF the
star route case a necessity. He would do his best
to warn his fellow citizens of the persecution they
must expect whenever they give the government
the benefit Of their knowledge to break up corrupt
rings. AS to holding the United States marshal OF
Nevada responsible for arresting him, he said, that
was matter for future consideration.