Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-04-08
AN EFFORT FOR FREEDOM.
Mr.. Strong Applies for a Writ of Ha-
beas Corpus.

i peas SOTpus.
4 HE CHARGES THAT GEN. BUrLE- HAS BEGUy A
CRIMINAL PROSECUTION TO INFLUENCE HIS
| CIVIL sUIr-rHE PETITION REFLECTS on THE
| CONDUCT OF THE DISTRICT ATTORNEYS OFFICE
Samuel Strong and 7. Humphrey Brooke, in
| dcted on charge of forgery, were brought
| from Jail this morning and taken before Chief
Justice Bingham in the Criminal Court where
| their counsel, Col W. A. Cook, filed petitions
| for writ of habeas corpus
The petition in the case of Strong sets
| forth the various charges made in the
four indictments and says that all in
olive substantially only a single important
question, viz: the genuineness Of certain
written instrument, though "split up into diff
ferent alleged crimes ''for the manifest pur-
pose OF expressing your petitioner and of pre-
senting his alleged misconduct in as aggra-
waiting form and appearance as malignity and
legal sclo!lsm could possibly accomplish"
The petitioner asserts his entire innocence of
the crimes charged, and says that said indct-
ments have only been found by the suppression
OF fact. concealment of the truth and a misuse
OF the criminal branch of said court and
perverslon OF its true purposes to aid the COM
plaInant, Benjamin F. Butler. in maintaining
anu conducting to a successful issue MS said
equity suit against your petitioner and others,
and to hinder, delay and embarrass your petit
TONER (and other defendants) in preparing
and completing his defense to said unjust dis
honest and improper action of the said Butler"
THE ALLEGED FORGERY
The alleged forged document is q paper
purportlng to bear the signature of Benjamin
/. Butler. STIMULATING that in case the award
existing at that date, April 3, 1885. in favor of
Strong for 1924. 1913 shall be set aside Butler
should receive only 80, 900 instead of SAC, $40 40
FOR his services
The question of the genuineness and integ-
rity OF this paper, the petition says, is one of
the chief questions in the pending equity suit,
and the petitioner claims to have produced be-
fore the examiner in chancery direct evidence
OF Its genuineness.
As to the charge in one of the indictments
that petitioner had attempted to take the letter
Claimed to be forged from the possession of an
examiner with intent to steal the petitioner
SAYS SAYS TINS statement IS Perversion Of facts;
that he was allowed to look at the paper.
but before he had read it was
compelled and obtained permission to retire
from the room; that he openly placed the letter
In his pocket to complete its perusal while
away from the room; that he was Immediately
pursued by the examiner and Mr.. O. ID. Bar
rett with demand to give up the letter, which
was done.
Mr.. Strong alleges that Gen. Butler and his
solicitor recently consummated an arrange
ment with the district attorney to procure the
Indictment to further the secrecy of which the
entry OF witnesses sworn was in the name of
United States against Doe; that the district at
torney denied witness any opportunity TO be
heard: that the indictments were found in an
unfair. unjust and partial method the testi-
mony being incomplete.
CRITICIsING THE PROSECUTING OFFICER.
"1our petitioner" the paper goes on to say,
has been informed and believes and there
fore states that the said indictments were pro-
cured partly by the presence. in accordance
with the wishes OF said Randolph Coye and
his erroneous exposition of the law to the effect
(amonS other things) that it was immi-
terial that the civil suit was pending in the
Equity Court, that only one side should be
heard. viz: the statements and narrative of
the complainant, Butler, his solicitor and wit
nesses, and that 1t was not competent
for the grand jury to go beyond
this or extend their inquiry further.
That said conduct of said Coyle if it occurred
and said exposition OF the law and statements
of the duties and powers of the grand jury is
made, were irregular. unfair and erroneous
and such would render said indictments i'm
proper and void.
THE CLAIMS SUMMED UP.
In closing the petitioner sums up his claims
to liberty as follows:
First That said indictments do not exist,
nor are they on file to correct any public evils
or wrong, but only as respect an alleged per-
sonai grievance of Benjamin F. Butler.
Second. That having selected the Equity
Court for establishment of his asserted rights
and the correction OF assumed wrongs he should
until the final disposition of his suit be con-
fined to said court.
Third. That after having instituted his case
in the Equity Court and carried il on in il for
over year and exhausted his learning and tes-
timony in that court he should not be allowed
to invoke and Use the Criminal Court to aid
him, directly or indirectly, i'll the prosecution
of his civil suit.
EOnrth That II xuouI1 he
policy anda wise and prudent administration
to create such a precedent which would allow
every malignant, disappointed or baffied liti-
CANT In civil cases to resort to the Criminal
Court, and thus disturb the consistency and
force of the several departments of the law
Fifth. That the action of the said Butler and
those cooperating with him is in fact gross
misconduct, amounting to contempt of the
Equty Court and an imposition on the
Criminal Court
Mr.. Cook asked that the chief justice take up
the case after recess.
Mr.. Coyle said the government would OPP
pose the issuance of the writ
The court suggested that he could not we'll
hear it today.
Mr.. Coyle said that the case might 60 over.
MIR. Cook asked that bail be fixed.
MIR. Coyle said that he could not see how bail
could be taken.
Mr.. Cook said he represented in mart one
over eighty years of age, in feeble health and
suffering and that he had right to give bail
pending the hearing.
The chief justice remarked that any bail
given now would be under the indictments
Col. Cook said if they gave such bail il would
place them beyond the application for the writ.
The suggestion was made that the District
had the court.
Mr.. Cook remarked that the District would
| forego this business in a case where the liberty
| of a citizen was at stake.
Judge Hoge having come in the hearing was
adjourned to o'clock
WHAT HE SAW AT APPROPRIATION.