Telegram-herald., 1888-03-17
READY FOR ARGUMENT
CONTINUATION OF The Clay CASE
The Testimony All Takea-fhs Defendant
10 Denied ths Privilege OF Pat
ttag the Complainant
on friaL

somewhat celebrated, complicated. informal
aud altogether novel SnitA.Cisy investigs-
ton. The li,tis court room was soon
crowded. only two ladies being present. bat
these were quite attractive pieces cf
fenlininiiy and occupied front seats. Ia
about twenty minutes Judge Perkins. who
han been busy probating. took tue bench
and proclaimed court To be open.
IL soon became evident that the ladies
were present for purpose, for Mr.. Clay
called Mrs. Hazel june" st the same time
saying something sharply about the un-
fairness of intimidsting witnesses.
Mrs.. June left the side OF her mpaniOn.
took the stand promptly and answered the
few questions she was allowed 10 answer
readily. She knew Israel G. Smith. She
was arrested In Detroit a few months ago
on the charge of stealing a watch, brought
10 Grand Rapids and taken 10 Police Head
quarters.
Ar. Ciay-what did Smith say 70 you at
thai time2
Objected 20 by Mr.. Fletcher. unless The
conversation was in reference 10 the charges
preferred against Clay; and here the discus
sion OF the day was commenced, and both
sides presented and reiterated their posi-
tions and the Cour, ruled again and sgsin.
The objection OF Nj. Fletcher aud The
Attorney Gene. al was on the ground Of
irreevancv and imnisteriality; that ii the
defendant sought 10 impeach General smith
or his witnesses he must do IL uudef the
rules OF law and conhne his testimony 10
the specific charges sde against him.
Mr.. Clay didn't know what the converse
ton he wanted the witness TO state was. bat
he anC dr. Maynard both claimed that they
had right 10 bring in anything TO show
that smith was himself guilty Of defeating
the ends OF justice in suoorning witnesses.
He knew that this witness had been offered
immunity II she would swear against
liquor dealer, and yet General Smith charges
him with oostTucting and embarrassing
him in the prosecution ef cases. he, Clay
nOlle pros'd one case because te knew this
and other witnesses 10 have been subOrned
by Smith, and he could not convict with
! such testimony. He prot sted against being
dictated 10 AS 10 what testimony he should
present against the moral character and
official acts Of his accuser Smiths procls-
! nation against his moral character would
| go before the Governor, and if Smith had
brIbed this woman or any other person to
swear To a falsehOod, that should 90 to the
Governor, too.
The Ceurt-The only question is upon
the specific charges against you, and eau
not
Clay-It is not the only question. pro-
| pose To show that this man is guilty Of
shielding criminals and furnishing innocent
| people against my protest, aud he then turns
| seund and accuses me of obStructing and
| embarrassing bim IN the discharge of his
| duties. Have not the right TO show il?
Mr. Maynard-The testimony of the wit
ness Is certainly admissible for the purpose
4 ff faaf g
| be had been embarrassed and obsructed
ssd so forth. If Clay can show that he
| nolle prose d because he had learned that
| the testimony In such case was suborn ed
| and be could not convict under H. then il
| will show that what Smith calls ob-truc
| ton aud embarrassment WAS doing his duty
| This statement of Smith is full Of glittering
| generaliIies. He does not place his finger
| on any one particular case, therefore we are
not compelled to conine ourselves 10 any
| one specific case, nut can take any case, or
ali the cases one bv one.
/ Tie Court again ruled that nothing but
| what was directly connected with the
| charges made against Clay would be 2d-
mitted, and the witness stepped down and
out. accompanied by her lady friend.
| q. G. Goodwin. calle1-Am United States
| Attorney for this district: was retained bv
| DR.. Akin, and took the examination in the
L
| the case through. Had read the decision Of
| toe Supreme Court. and when the case
came back thought it was about disposed
| of. Saw Akin several times and be asked me
| 20 see Clay aud get him TO nolle pros. Saw
| Clay casually and told him be had better
| drop the case against the dOctor. Clay
| never iDtimsted that be would take money
| 10 do so. and never knew OF anv money
| being used directly or indirectly 20 that end
Dir. Fletcher thought II the object OF this
| testimony was 10 imDeach General Smith.
| they bad no right to attack him IN this
way outside of the case. The case in which
| the witness was concerned had nothing to
| DO with this case.
| Mr. MsyDsrd-Cou1sel the other dav
| claimed that they might pry into all the
| relations of Clay with his clients and now
| be won't let him examine Smiths acts aud
| conversations in the same way
| After lively tilt between the counsel
| the Court ruled a. before that he could not
| O INIT any testimony that did not bear nj pon
| the specific charges against the respondent
Nr. Nsynsrd-Tbis is . question OF Law
T! for the Court There IL no law. no decision.
and n can't point to one which debsrs
1 the respondent before n Circuit Corn - e
| sioner from bringing IN ali t8e ide1ee be
| can obtain 20 show The bal character of his
| accuseT, and vou are now sitting a. a Com
! missioner. not a. Judge.
Ar Tsggsrt-Ef your position II correct.
| ! ask you. could you not bring IN tboa-
sand witnesses % swear 70 things outside Of
| toe csse'
| Mr Mavnsri-Yes, sir. ve could. bat no
sane man piIl bring in evidence that Re
6oes not believe vii apply - bis csss.
J here j. nothing against i except that 81
| nay occupy tie & ne of tbs court. Time
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