Telegram-herald., 1888-03-08

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The Investigation OF the charges 4esinsi
Prosecuting Attorney Clay Was - have
besn resumed in the Probate ooars yesser-
day forenoon. bal Fred A Maynard. conn
sci for the respondent. asked Tor an so-
iournmenL explaining that Mr.. Cay vas
engaged trying criminal case in the Cir
cunt Court Attorney General faggart said
that y such Was the case he was willing bat
tie case saoula De held over until this
morning. Mr Maynard then made The
following motions. which were taken down
by the stenogrsphsr
First. Ne move 20 strike 0ut ali the tessi-
m0ny OF Police superintendent smith tend
lng 10 sustain the firsl cbx-ge. for the rsa-
son that II bis testimony is admitted % be
true /. has no tendency 10 prave any crime
or ofsense against the Prosecuting Attorney
ksown 10 lsw 10 form the basis for hls re-
Ihossi from ofIoe.
Second. We object 10 any testimony being
taken or allowed 10 stand. because the
change itself constitutes no olfense know
10 oar laws, even If il should 10 admitted
the testimony taken is true. lt ls sonslst-
eDt Tor tie Prosecuting Attorney 10 have
consultations with the Superintendent oi
Police OF the city relative - Tie best mat
ner Of regulating the saloons and places
where liquor Is sold without laying himself
liable 10 prosecution for ofiicial misconduct
Third We move 10 strike out all Of The
Rev. Br. smiths testimony upon the
grounds that IL is illegal, Incompetent and
Irrelevant, inssmuch rs II Is entirely new
and distinct matter. foreign 10 anything
charged in the information, and OF which
the respondent had no information.
Fourth. We move 10 strike out The testi'
mony Of Mr.. -. l.. Cofbett for substantially y
the same reasons. Ii refers 10 q matter IN
no way connected with or embraced IN the
four charges lodged against the respondent
fiith, We object 90 30 much OF the second
charge as is contained from the beginning
10 and including the words, the exact date
being unknown TO the pstitioner." We DO
TINS because said charge. by reason OF as
vagueness. makes no chsrge known 10 our
laws. and is not sufficient in law 10 form
the basis for the introduction of any tesu-
mony. IL is also insisted that the words in
the charge. 'the said Clay soliciting bribe
for his own use and benefit are too gen
eral; that the charge does not allege any
tine when or place where, or person 10
whom such solicitation was made.
Sixth. We also move 10 strike out the
testimony of Messrs Byers and Forbes. for
the reason that the charge. which their ties.
umony Is alleged 10 sustain. is one that IL
not recognized in our laws. Assuming that
their testimony is true, no legal force at
taches, as X has no tendency TO show oft.
cial misconduct. We claim the actions they
testify 10 on the part OF Mr.. Clay. were. II
true. only personal actions. and not ia the
line of Official conduct.
Judge Perkins stated that he lad 10
power 10 act upon the motions. as be va;
only there 10 hear testimony, Dut be would
allow them 10 be admitted 10 the records.
Mr.. Maynard took an exception 10 the
Courts uing and the examination was al
journed until this morning