Savannah morning news. [volume] (Savannah) 1868-1887, 1885-01-09
BATEMAN's ALLEGED TRICK.
Gen. Swain Must Prove Knowledge of
it Prior to the Due Bill Suit.

WASHINGTON, Jan. s.-When the Swain
court convened this morning Judge shella-
barger. of the counsel for the defense, re-
sumed his argument in favor Of recOnsidera-
tiOn by the court OF its decision that testimo-
ny to be introduced by the defense going to
show discreditable methods of business on the
part of Mr.. Bateman, should be confined to
showing that information concerning such al
legged dlscreditable methods came to Gen.
swain PRIOR 10 the bringing of the suit against
Bateman Co. on the "due bill" He made
a long argument on this subject. citing various
authorities, including a decision of the
United States supreme Court in support
oil his position. He also cOntended that the
court should admit the testimony of witness
Deaker as TO the alleged requirement by
Mr.. Bateman that he (Deaker) should post
false quotations OF stocks on the bulletin
boards IN Mr.. Bateman's office without
gard to whether or not information as to this
matter came to Gen. Swain before the bring
Ing OF the suit against Mr.. Btteman, on the
ground that Mr.. Batemanis books, having
been admitted as evidence in this case, any
thing that would show the character Of the
books and the entries therein, should also be
admitted without hearing the argument from
the other side. The court decided against the
defense IN regard TO the admission of Mr..
Deakers testimony till it had been shown
that Gen. Swaim's information in regard to
him antedated the suit on the due bill.
ON THE SAME LINE.
Gen. SWalms clerk, Mr.. Mcdonald, was
put upon the stand and gave the required
testimony, and Mr.. Deaker was called, but
before single question was asked him the
Judge Advocate interposed an objection to
his testimony on the ground Of his ncOmpe-
tency because OF his want of religious belief.
After the witness had been asked the usual
questions, and had said that he neither be-
heyed nor disbeieyed in the existence OF
supreme Being, or the doctrine of future re-
ward or punishment, the Judge Advocate
stated that he (the Witness) had come into
TINS court and taken the usual oath, and he
asked that his testimony be ruled out as in
competent. The counsel for the defense asked
Tor time to look up authorities on this new
question and 1T went over till to- morrow.
The counsel for the defense then stated to the
court that they had found that they could not
proceed with the examination OF other wit
formation as to discreditabe methods on the
part of Bateman & Co. without being met at
the threshold of their inquiries by the decision
OF the court limiting inquiries to showing that
this information came to Gen. Swain prior to
February, 1884. The court, upon this state
ment, consented to allow the argument upon
the question of a reversal of that decision, be-
gun by Judge Shellabarger yesterday, to pro-
ceed, and IL was resumed by Judge " ilsOn, of
the counsel for the defense. After his argu-
ment had proceeded some time, the court in
terrupted him to say that they fully under
stood his argument and the decision cited from
spend more time in explaining his view of the
case.
Mr.. Chandler then made an argument for
the prosecution against reversal of the de-
clsion. At the conclusion Of his remarks the
court adjourned.