The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-04-26

NAOoSo eAAC SON ICUUIIdls
Counsel Tor the defense announced
that they were all through. aNow
we come to the important part of the
case"
Talk" said the court, smilingly.
a question arose as to procedure In
presenting prayers. Merrick advo-
Gated an adherence to the plan fol-
lowed in the former trial.
Henkle thought the court should
limit argument by defining the law
upon disputed points.
Davidge believed that arguments
would consume the remainder of the t
year unless some such plan should be
adopted.
In order to allow time for prepara-
tion of argumenti on legal points,
Bliss suggested a recess until Friday.
The court dwelt upon the subject
at some length, carefully reviewing
the methods of practice in differnt
courts and concluding that it would
be better to hear arguments or facts
In the case before diSposing of the
legal points. According to the course
pursued in the last trial, arguments
to the jury would be first heard and
then counsel might submit disputed
points of law for discussion at pleas
ure. The jury might render a gener-
al verdict, but could not pass upon
the points of law.
Davidge said that there were GER
tain organic points that should be set
tied before arguments were begun;
for instance there was some doubt as
to the statute upon which indictments
were based, whether upon section
5440 of the revised statutes or upon
the act of May II, 1879.
The court remarked that where
there was so many statutes it would
be safe to shoot into the flock in the
hope of bringing one down.
Davidge attached great weight to-
the point regarding the statute appl
cable to the case.
Carpenter demanded from the
ernment statement of their positiol.
in the matter, but the demand was
not complied with.
The court finally agreed to hear ar
gument upon the point after the re-
cess.
When the court reassembled, dis
cussion followed upon the order on
argument to the jury.
Without making any definite ar
rangement. the court said that it
would see that a fair division of time
was had. If counsel could not agree
among themselves, the court would
allow the government TO open and to
close, but would not now say that it
would be allowed more than one ar
gument in closing. The court did
not know that the government de-
sired more than one closing argu-
ment, but had heard intimations that
the attorney general might wish to
speak.
AT this point there was some dis
cusslon between the court and Inger-
soil about the government being al
lowed to make two closing arguments,
Ingersoll protesting, and stating he
would make no address if the two ar
guments were allowed.
The grand jury came in during 1ifs-
cussion and returned the following
indictments: Against VIM. Pitt Kel-
Iogg, for receiving money while
United States senator, for services
rendered in relation to contract with
the United States. Witnesses, John Al.
Walsh, JAS. b. Price, Joseph Cochran
and j. M. Brady. Against Thomas
j. Brady, for receiving money while
second assistant postmaster-gen
contract with the United States.
Same witnesses as above. The
indictments are voluminous,, and ap-
parently as large as the indictments
in the star route case. There are five
counts in each Indictment, charging
five separate payments of $500 for
one service rendered in the expedi-
ton of the mail schedule on Prices
route from San Antonio to Corpus
Christi, and from Monroe to Shreve-
port.
The court reserved until tomorrow
the settlement of the order of argu-
ment to the jury, and then listened to
an argument from Davidge regard
ing the statute upon which the in
dictment is founded. Davidge main
tanned that the act of May II, 1879,
was an amendment of section 5440,
of the revised statutes, and that an
amendment of that kind, covering
the whole ground, amounted to
the revocation of the original
statute. "This whole case must be
governed" he said, ''by the last act,
and no reliance could be had upon
anything done prior to its passage on
May II, 1879"
The court said it should assume
Davidge's view that the act of May
II, 1873, superseded section $40 of the
revised statutes, but then the indict-
ment placed the date of the conspiracy
at May 23,1S8f, and that was certainly
not barred blythe statute Of limitations.
Evidence of facts anterior to that
date had been received only to estab-
lish the character Of the relations be-
tween the parties.
Davidge pointed to the fact that the
statute said nothing of conspiracy
already in progress. 1t relates to the
act of conspiring.
The court said that question had
been disposed of at an early stage Of
the trial, and the court would not re-
verse that decision.
COUNTING THE COUNTRY's CASH.
The count of cash in the United
States treasury will be finished to-
morrow. The counting committee
will then examine the books and ac-
counts.
INTERNAL REVENUE.
The commissioner of internal
revenue has decided to reduce stamps
and return to owners with the word
Redeemed" imprinted upon each
check all checks and drafts bearing
two cent internal revenue stamp
which remain unused on July /.
Tthcse checks and drafts can then be
up in the regular course of business.
sUBsIDENCE OF CHOLERA.
A report has been received by the
National board of health saying that
the cholera which prevailed to an
alarming extent in China, Japan and
India sometime ago, has disappeared.
A report has also been received that
smallpox is raging in Rio De Janiero.
CoMPTROLLER's DECISION.
Second Comptroller Upton has rem
dered decision on the question of
longevity pay and allowances in the
army which is, in effect, that these al
lowanceS are to be computed from
dates of acceptances of appointments,
and not from date of appointment Is.
PosTMAsTER-GENERAL's DIRECTIONS
Postmaster-G General Gresham to-day
directed that in making postoffice ap-
pointments in Mississippi the recon-
mendations of ex-COngressman
Chalmers shall be given no created
weight than may be properly 5tacned
to them as the recommendation of
private citizen.
A vIRGINIAN FROM IOWA
An order was issued yesterday to
appoint Samuel q. Griggs to the
tbouqand dollar c1arkshin in the r10of