New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-16
ARGUING THE SUGAR CASES.
JUDGE COLE TAKES THE APPLICATION FOR ne
MURRER UNDER AMUSEMENT.

JUDGE COLE TAKES THE APPLICATION FOR A De
MURRER UNDER AMUSEMENT
Washington. Oct l5.-Assistant Attorney General
Conrad opened the argument to-day for the Gov
eminent IN the case against Messrs. Chapman and
Mccartney the indicted sugar witnesses.
Mr. Conrad held that the Indictment need not and
properly should not rec;e the performance OF those
requirements of thr statute which relate 10 the ia
ties OF the president the Senate and OF the Dis
trct-Atiorney that the office the inGctmen, is
state adequately the material facts OF the offence
charged and to show that il committed within
the Jurisdiction Of the court. That ine resolution
need not state VIVA; the particular purpose Of the
Senate in directing the investigation. but Il was
enough that Il show that the committee Was To-
qulred report the results OF such invcstigaton
that 1t may appear that the action OF the committee
was be nnal that Il within the power
AMI dignity o. the Senate - cXpci any senator
whom IT might find guilty OF bribery corruption:
that II WAS competent T. the Senate - this end 10
require. through IT. committee. knowledge 81 such
facts as might be needed In framing formal charges
articles ~ impeachment. That when witness re-
fused answer a question 90 ci!cit such facts u
was tho right AMI duty OF such committee to report
such conduct 10 the Senate. that It was the right
and duty the Senate compel the attcn lance and
examination OF such Witnesses. and also
unie- tho revised statutes to cause he re-
ctlsancy Of such Witnesses 10 be- brought
70 the attention u grand jury
EN-JudEH J''e W llSOn replica on b'nhll Oh
the defendants. His remarks were devoted
prime. ally TO his contention that tho prose
cuiloa Of Messrs. Mccartney ana chapman
was another attempt on the part OF Con-
eress to invade tn. sacred rights OF private citizen
lie was positive that tn would In thks case
the first under the law relating to contumacious Wit
ncsses before Congressional committees. again come
20 the citizens support. The statute under which
the indictments had been found was the result OF
scheme on the part Of Congress to compel the pri
V e citizens 10 dlvugc matters which the Constltu-
Al gave them the right to refuse 10 dvulge. The
investigation OF the Sugar Trust by the Senate Com
mittee had been sacrctly conducted that not
the ever present and cntcrprisng gentlemen Of the
press could publish the facts Nowhere was II al
legged that The defendants had wilfu.,y refused 10
answer material questions II not sufficient
for the purposes Of the present case az contended
by the government II the Court could infer that the
questions asked were pertinent and that the nyesti-
a;on wac bc followed by legislative judicia.
action by the Senate. Mere inference would not do.
\ purpose on the part OF the senate to 20 forward
must be clearly shown. both In order to make It's
Investigation lawful and 10 be able to compel
swers 10 Inquiries prOpOuudei.
Judge cole took the application FOR demurrer
under advisemrn;. He said would he days
or two weeks before he would render his decision.