Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-03-10
THE LAST WITNESS.
TESTIMONY IN THE TALLY SHEET
CASE CONCLUDED.
Grand Juror William Domignn the Last
Witness Called-Argument to Begin
To-day-Four Speeches for the State
and Three for the Defense.

verse and Colonel Taylor for the defense
Judge Nash argued that the part of the ties
timony relating 10 Lizzie Rayner was irrel-
evant 10 the issue before the court. All OF
the testimony should be stricken out be
Gauss it was in violation Of the attorney
privilege. Judge Nash spoke but a short
time and Mr.. Converse then replied for the
defense. He argued that there was nothing
in Mr.. Huling's testimony which came
within the scope of the attorneys priyi
lege. Mr.. Converse referred 10 the pur.
chase of the Chicago information. and said
that the part which Mr. Huling bore in
that transaction was entirely outside
the line of his professional duty as an attor-
ney. Continuing, he said: Il want 10 say
TO Your Honor, with not only the utmost
sincerity, but with as much earncstnesS as
judge was ever addressed, either upon the
bench or in the privacy of the most sacred
friendship, | want TO say to Your Honor
that the unpunished crime of crimes
in Ohio is pergury. And when it is
found that money has been paid to a wit
ness, in Gods name let it go TO the jury,
that they may weigh the facts and deter
mine the extent 10 which money has intiu-
enced the testimony of the witness" The
question, Mr.. Converse said was one which
went far beyond the present trial. If wealth
was to be allowed Ia buy the conviction of
dCNhStAl VI CRIME NllilklUl llNtSilEd-
ton, then all citizens held their property,
their liberty and their rights ct the will OF
the wealth of the country. Mr.. Converse
spoke for about thirty minutes His speech
was clean and logical statement OF the
legal grounds taken by the defense upon
this point. At several points in the course
of his remarks Mr.. Converse grew very elo-
Quent.
Colonel Taylor came in shortly before
Mr.. Converse concluded his speech and
spoke briefly upon the motion, making
several good points. Judge Nash said that
the State bad nothing further TO say, and
Judge Pugh then examined the testimony.
The motion was overruled. Judge Pugh
said that certain portions of the testimony
are incompetent but that they were So
connected with other parts that were com
petent that II would take a great deal of
time TO make the separation. BY this time
il was after ten o'clock and the jury was
called down and took their places in the
box.
As Allen O. Myers had failed to appear.
Colonel Holmes announced for the State
that rebuttal had closed.
The first witness called in Suf-rebuttal
was Hon. H. J. Booth, who was asked re-
gsrding the testimony of Mr.. James PoSton
as to what occurred between them in Mr.
Booths office the Sunday night after the
October election. Mr.. Booth said that Mr.
POston came into his office and soon after
wards called him either into the back office
or into the back part of the front office he
did not remember which Mr. Poston told
him about the efforts being made TO in
duce Squire Martin 10 go out TO Judge
Thurman's residence, and said that the
Squire, he was certain, had gone out there.
being induced 20 90 by his (PostOn's
81 NJ H.. ..1l IL.
his suspicious had been aroused by seeing
several Republican politicians in Squire
Martins company. Mr.. Poston thought
that they were trying to buv
the, Squire. Mr. Booth said that
he replied TO Poston that the man
who had attempted TO do such thing was
q fool. Mr.. Poston further said that Squire
Martin, or "Old Matt. as he called him,
was poor. and he thought the Democratic
candidates should have done something for
him, mentioning particularly Mr.. Custer.
who was running for good office, and
could afford to do it. Mr.. Booth again de-
MED that he made AN offer of $50. as testi-
fed TO by Mr.. POston. Mr.. Booth testified
further that Mr.. Poston mentioned the
names Of four prominent Republicans
whom he suspected of attempting TO cor
rupt the Squire, and Mr.. Booth said that
he told him that he did not believe two of
the persons mentioned would do such
thing. Mr.. Booth hesitated somewhat on
this point, but finally said that the two
gentlemen he had mentioned were George
X. Nash and f. L. Taylor. Inquiry was at
once made as TO who the other two were,
and Mr.. Booth finally stated that he would
answer if the question was insisted upon.
One OF the gentlemen, he said. is now dead.
These two gentlemen were Charles II.
Moore and J. c. Donaldson.
William Domigan was the next witness.
and the last one. called by the defense be-
fore finally closing their case. Mr. Domigan
is the grand juror the defense had on the
stand in making out their case. The object
of his recall was 10 impeach the testimony
of Joseph Breitinger. Mr.. Domigan said
that Breitinger did not say before the grand
jury that Myers told him that Montgomery
took the tally sheet back to the court
house Sunday night. This was a square
contradiction of Breitinger as he swore that
he so testified before the grand iurv. Mr..
Domigan said that Breitinger said nothing
about tally sheet in his testimony before
the grand jury. The witness testified to
conversation which he had with Breitipger
on High street, a week or ten days
after the grand jury rose The latter
said that Breitinger told him that he had
kept back a good deal, and could make il
hot for them if he wanted to. He said that
he could make it hot for John r Mclean.
Breitinger also stated that Granville was
making good thing ont of it. and that he
didn blam him. If there was any money
round, he wouldn't mind having some of il
himself. The questions asked Mr.. Domi-
gan were all put to Breitinger when on the
stand, and he denied making the state
ments testified 10 by Mr.. Domigan. Mr.
Domigan was roSS-e Xamined for some time
by Mr.. Huling. He said that he under
stood Breitinger TO refer TO the tally sheet
in his testimony before the grand jury. al.
though he did not use that word.
At the conclusion of Mr. Domigan's teS-
timony, the defense rested. There was a
general feeling of relief at this announce
ment. Mr. Huling asked that argument be
postponed until to-day, and also that court
meet at two o'clock, when the State would
produce further testimony if. in the in.
terim, they decided 10 do so. This arrange
ment was aSsented 10 and recess was taken
TO the hour suggested, at which time Colo
mel Holmes announced that the State had
nothing further to offer. The matter of the
arguments was then considered. Mr.. Nc
Sweeney asked an adjournment until Mon
day, as theState would probably occupy all of
to-day if the case was not postponed, and
in that event injustice would be done the
defense, by not having an oppor-
tunity to reply until Monday. He
further argued that his presence was
urgently demanded at his home
in Wooster on professional business. II
was finally decided to go on with the case
to-day, as the jury are anxious to get
through as soon as possible, on account of
their business suffering by reason of their
absence. Mr. Huling said that the State
would have four speeches. Judge Pugh at
first suggested that the time would be
limited TO twelve or fifteen hours on each
side, but finally consented TO allow coun-
sci unlimited time in making their argu-
ments. Judge Pugh coincided with Mr..
McSweeney. in his view that it would be
unjust to the defendant to continue the
case to-day. if the state was to occupy all