Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-07
Mr.. SIMONDS' DEFENSE.
Judge Payson Makes An Eloquent Plea
for His Client.
The Patent ONCE Investigation Continued
sides-The Case 10 Now Closed.

When The srAR's report Of the patent Office
investigation closed yesterday Judge Psyson
was just warming up to his srgumentin defense
Of ex-Commissioner Simonds. Judge Psyson
did not make a very long speech, but it was an
earnest one, and in spots was somewhat warm.
Judge Psyson inyeighed most bitterly against
Church 4 Church for what he termed their
ill-advised and unwarranted attack upon his
| client, alleging wrong doing against him which
could never be sustained. The damage
had already been inflicted upon his clients char
acter by these accusations, he contended, and
no matter how thoroughly this court clears
Mr.. Simonds Of the charges 1t Will be too late
to remedy the wrong dops him. He had been
held up to the country. paraded before the in
ventors in the public press as q man undeserv-
ing of confidence. violstor Of Official forms.
Judge Payson reprosched Church Church for
failing to consider excul patory evidence affect
ing his clients case. Throughout the proseeu-
tion they had passed over evidence and testi-
mony tending to explain matters and clear Mr..
Simonds They had pursued Mr.. Simonds
with malignity.
Passing from this point Judge Psyson pro-
ceeded to tell the story of his clients acts in the
premises 1t was a short story, consisting
merely Of the fact that the retiring commits
soner Of patents, knowing that big suit WAS
pending in the United States courts on e mat
ter touching his official acts (the issuance Of the
Berliner telephone PATENT took precautions to
protect himself when that suit should come on
trial The Department Of Justice as prosecu-
tor In the case called for certain official papers.
The commissioner deemed it his right to have
copies Of these papers also. The Secretary Of
the Interior had advised to procure such copies
and the Secretary himself was in possession Of
| similar copies. II it was a crime, then the late
Secretary Of the Interior was guilty of the same
offense charged against the late commissioner
Of patents.
TO PROTECT HIMsELY.
Judge Payson said that in the trial Of Q case
Of alleged crime the motive for the deed is al
ways the vital point. In this case the motive
was not q dishonorable one. The motive was
clear to all persons. Mr.. Simo1ds aimed to pro-
tect himself and took steps in that direction.
He would have been fool not to have done 80.
He could have no other motive than this. The
papers of which he secured copies could be Of
no use to him in practicing before the patent
office, as minated in the charge OF the prose-
cution. His papers were simply duplicates Of
copies which the Bell Telephone Company al
ready had in its possession. and therefore he
could not dispose Of them to that company.
The papers were copies of originals in the hands
OF the Drawbaugh people, and, therefore, he
could ally himself with them. What on earth
could he do with the papers, then, save to ac-
complish the one acknowledged purpose he had
In view-to protect himself in the coming suit?
At the close of Judge Payson's remarks Col
Patrick O'Ferrall made a short but eloquent
plea for his client. Chief Clerk Bennett and
Mr.. Church proceeded to close the case for the
prosecution. Commissioner Seymour inter-
rupted the argument by stating that in decid-
ing this case he would confine himself to ascer-
tanning if any one had distracted papers from
| the department for the purpose Of nracticing
before the department with them. was free
to say that he does not intend to briu.. anything
to the grand jury, as suggested by the prosecu-
ton, and would pass upon the question Of prov
tended that the act described as theft had been
committed and admitted.
This closed the case and Mr.. Seymour an
nounced that he would take the evidence and
arguments under advisement and render q de-
cision as early as may be.