The Indianapolis journal., 1888-01-15
Mr.. SPANS SPECIAL PLEA
Judge Woods Hears the Argument on 1t,
but Renders No Decision.
Appointment Of Receiver fer the East End
Lumber COmpany-Cases That We're Be-
fore the Local Courts Yesterday.

Before the argument on Henry Spans spe-
cial plea began in the federal court yesterda v
Sim Coy appeared before Judge Woods and en-
tered q plea of not guilty to the indictment
against him. Mr. Spaan filed demurrer to the
answer made by the government to his special
plea in bar, reciting that he was not present
when the jury was discharged. This
plea the government answered by
citing the record of the clerk,
which showed Spaan TO have been present.
The court overruled Mr.. Spans demurrer, but
permitted it to reach back to his plea in bar, and
to that pleading sustained the demurrer. Spaan
then filed motion 10 correct the record. John
W. Kern was in attendance, as was also Mr..
Claypool. On the motion to correct the record
the government counsel argued that it
was asking correction of a record to
n matter that was fully determined and
If permitted at all, must have been sought
within the term that the entry was made.
Messrs. Spaan and Kern contended that that
rule might hold with some exceptions, as to mat
ters finally and fully adjudicated where final
Judgment had been reached, but IN the matter
at bar the whole in feri, and
that the court had full and absolute
control over and TO make such
changes in the entry of the clerk as
should be found necessary render il true
and accurate In this the fact that it
had continued and reached over from
Term into another could IN no sense De anected
bv The rule urged by the government They ar
Gued further, that the whole thing rested with
the indce and that ne had within his own dis
cretion The power TO make any and all cor
rections in the record which he deemed would
render il in conformity with truth.
While the courr did not render any opinion
judgment in the matter Re lntimated that it
fully within his power TO correct all clerical
entries making mp the record In the case, until
it had been finally disposed of, and that while
he might relv wholly upon such memoranda
he might have made at the time, of his
recollection of the occurrence, yet if he desired
he could call the aid of his recollection
present, and Indicated that before
rendering any decision he would like the affi-
davits of the attorneys, and perhaps others who
The real question to be decided seemed to be
whether the court had the power to correct the
record of a case still in ieri.
Judge Claypool contended that there might
be certain stages III a proceeding that
became settled and adjudicated while
the case was still in feri, which
could not be altered changed
bv the court unless upon motion filed within
the term at which the entries were made, and in
presenting this point they urged that the effect
OF a change in the present record TO conform
with the facts stated in Mr. Spans motion
would result in his absolute discharge and was,
therefore, intended to reach vital and materi-
al point in the record heretofore made, which
must be considered as having been fully settled
within the preceding term. The court adjourned
without indicating what his action would be in
the matter.