Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1891-11-27
Arguments in the Treasury Suits
Will be Heard on Thanks
giving Day.
Mr.. Bashford Concludes His Speech
aud is Followed by AttOr-
ney Stark.
A Strong Attempt is Made to Free Mr..
McFetridge's Bonds
men.

IL '" an huONIiCi Jay " NtOoC lCSdi uloGuS
Sous in the treasury trials yesterday. Al
though fair sized crowd sat in the court
room and listened to arguments that they
did not understand, the only persons who,
in the language of current slang, were Sin
it" were Judge Newman and the attor-
neys. B 9TH Mr.. Bashford and Mr.. Stark,
who followed for the defense, confined
themselves to the presentation of ques-
tons of law, and addressed themselves
strictly to the court. There was no ora
tory, no personalities, no statement of
startling facts in sensational form. All
these things, which usually accompany
the argument of an important case in the
trial court, must come in the future if
they come at all. The spectators will
watch for them, or some of them, in the
speeches Of Mr.. Felker, Attorney General
O'Connor and Col Villas, and it re.
mains to be seen whether they will
be disappointed Judge Pinney and
Mr.. Quares are uncertain quantities. 1t
is not known when they will address the
court, or in what line their arguments will
be. Both have wide regulations as public
speakers, Judge Pinney especially as a
court lawyer and Mr.. Quarles as au all
around orator, aud much or little will be
expected of them according to the posi-.
tons they take in the case. 1t is not
| known whether Messrs Ordway and
Weisbrod will speak Or not. Neither of
these gentlemen is so we'll known in Mad
ison as the others mentioned, but both
stand very high at the bar of their re
spective cities. OF course neither side will
resort to clap trap to catch the public, but
it will be strange if the entire pres2nta
ton of the cas- will consist of the cold
citation and exposition of statutes and de-
cisions that have filed the past two days,
Judge Newman followed the arguments
very closely. His favorite position during
| the afternoon was facing sQuarely to the
front, with his head resting back in his
chair. Occasionally he leaned forward to
make note of decision Mr.. FeIker
was absent from the court room much of
The time, and his pointed interruptions
were noticeably missed. During the after
noon a delegation of young lady students
from the university came in, but they
evidently did not find the proceedings
very interesting.
When court opened Mr.. Bashford re-
suued his argument for the state. He
took up the notes given by Harshaw to
/ Charles SChreiber, and claimed that there
was a perfect understanding between
| the parties as to the transaction, and what
il was meant to conceal. The defense
gained nothing by claiming that the state
had no right to the money because it had
never been in the treasury. 1t should
have gone there, whether it did or not
Mr.. Bashford finished speaking shortly
before Il o'clock, and the court adjourned
for the noon recess.
AfGern Don Session.
When court reopened NJ Felker stated
he would like to have it settled whether
or net the arguments were to be continued
Thanksgiving day.
Judge Newman said that he was per-
fectly willing to go on, and was in fact
anxious to finish the case as soon as posi-
| ole.
Mr. Bashford raised the point whether
the day being legal holiday, would not
be dies non and whether the court could
sit on that day more than Sunday.
Col. Villas remarked that the question
was discussed recently in the presence of
some of the judges of the supreme court
and they had suggested that the safest
plan would be for court to adjourn until
Friday, and thai the parties should mu,
tualy agree to arsua the cases lntormlty
before Judge Newman on Thursday
Mr.. Felksr said he didn't care what
scheme was adopted to whip the devil
around the stump, so long as time was
saved.
After some further discussion it was de-
ciied to continue the arguments on
Thank sgiying day, though it was not def,
initely settled whether court would be
| formally in session or not.
NJ. Stark gan his argument for toe
defense in the McFatridge case, discussing
first the liabilities of Mr. MyFetr,dge's
bondsmen. A large number Of decision,
we're quoted, the general tenor Of which
was that moneys received by a treasurer as
the result of the use Of public funds in a
manner not authorized by law wero not
derived by him by virtue Of his Office, and
his sureties were not liable for them
Cases were also cited in denial of the
claim that the interest received by the
treasurer was part of the public funds,
The office of treasurer was declared t9 be
not common law office like sheriff or
coroner but a creature of the constitution.
Hence the common law principles do not