Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-15
CLOSING THE ARGUMENTS
Sugar Trust Witnesses Case Before the
Court.
Judge Wilson Argues That the Senate
Had No Infention Of Further
Proceedings.

The hearing in the matter Of the demurrer
filed by Messrs. John W. Mccartney and
Elverton r. Chapman against the indict-
ments returned against them last summer
for refusing to answer certain questions
asked by the Senate sugar trust investi-
eating committee was adjourned at the
conclusion of District Attorney Birney's
argument Saturday afternoon until this
morning. This morning when the hearing
was resumed. Assistant Attorney General
Conrad addressed Judge Cole in support of
the governments motion to dismiss the de-
murrer.
The Senate. said Mr.. Conrad, had been
charged by the other side with an unconsti-
tutiQnal attempt to punish the alleged con-
tumacious witnesses for contempt That,
however. explained Mr.. Conrad. the prosecu-
ton denied. The Senate had not made such
an attempt, argued Mr.. Conrad Its COM
mittee had reported to 1t that the defend
ants had refused to answer certain in
quiries, and the Senate had then, under the
certificate of the Vice President, certified
that fact to the attorney of the United
States for the District, as both authorized
and required by the law relating thereto.
That done, explained Mr.. Conrad, the Sen
ate washed its hands of the whole matter,
leaving all further proceedings in the case
to the district attorney and the grand jury
of the District.
The grand jury had seen fit to indict
the accused, and the question now to be
determined by the court said Mr. Conrad
was whether the indictments set forth an
offense Of which the court had jurisdic-
tion.
Each house of Congress. argued Mr.. Con-
RAD mad the power to determine the moral
and material fitness OF its Individual men,
bers. That could best and only be deter
mined by an investigation by a committee
duly appointed by either house from among
lts own witnesses. Grave charges had been
made against members OF the Senate said
Mr. Conrad, and the committee of investi-
CATION had been duly and lawfully ap-
pointed. 1t had a right to have answers to
Questions asked in the course of its in
Yestigation into those charges contended
Mr.. Conrad, and it was ssufficient for the
indictments to show that the questions
unanswered had been material and law
fully propounded.
Supporting the Demurrer.
Mr.. Conrad concluded at li:45, and Mr..
1ere VI. wilson began'the closing argument
in the case in support of the demurrer. The
present case. said Mr.. Wilson, was another
attempt ON the part of Congress to invade
the sacred rights of the private citizen. The
present case, SO far as he knew, was the
iirst thne the statute in question had been
invoked. but he was confident that the
odt courts would 4sa'n, as they had done in the
past ONE to the defense of the citizen The
statute IN question, said Mr., Wilson was
the result OF a scheme on the mart Of Cow
sIess 10 compel the private citizen to di-
EulSe matters which the Constitution pave
MIN the right to refuse to diyulge The in
vestlSatien in the present case said MIR
wilson was so secretly conducted that NOT
,',ii .ten sie eVer-Iresent and enterprising gem
tienen or the press could publish the facts
fience II was absolutely necessary that tho
InCictnentS should show the matters COM
piaihed OF had been certified to by the Vice
4 thn ~t,gA
grand jury. Nowhere was II alleged tbat
tne defendants had willfully refused TO
answer material Questions. :"
No Future.
Inc position taken by the prosecution
as he understood it, said Mr.. Wilson. was
tfiat it was sufficient for the purposes of the
present case il the court could infer that
the Questions asked were pertinent and that
the investigation was to be followed I'D by
legislative or judicial action by the Senate
But mere inference, contended Mr. Wilson.
would not do. A purpose on the part of the
senate 10 go forward must be clearly shown
saiu MIR. wilson, both IN order TO make its
lhFeStlSatlon lawful and in order to be apie
TO compel answers to inquiries propounded
IN the course "a the Senates investigation
The government, said Mr.. Wilson, had
mainly relied on the decision of the New
1ork court of appeals in the case of the
lnVestiSation into the affairs of Hubert O.
THOMPSON, public official of the city of
New York, by one branch of the states
legislature But, said Mr. Wilson, in that
case the resolution directing the investiga-
ton showed on its face that subsequent
proceedings in the legislature were intended
as the result of the investigation. But in
the present case the Senate resolution not
only failed to show such a purpose. but it
really precluded any such inference.
Mr.. Wilson was still speaking when The
stars report closed. He expected to con-
ciude before adjournment today, when the
case will be taken under advisement by
Judge Cole, who is expected to render his
decision in about ten days time