The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18
DEMURRERs ovERRuLED.
Recalcitrant Senate Witnesses Mus
Plead to the indictments.


WASHINGTON, Jan. H.-All the de-
murrers entered by the defendants to the
indictments returned by the grand Jury
against President Havemyer and Secre-
tary Searles, of the American Sugar Re-
finery Company, broker Seymour, of New
York, and correspondents E. J.. Edwards
and J. o. Schriver, were overruled to-day
by Juoge Cole in the Criminal Court and
the defendants required to plead to the in
dictments. The cases will probably now
go direct to the United States Supreme
Court on a writ of habeas corpus following
a plea of not guilty by the defendants.
In the two cases against Edwards and
Schriver, the newspaper correspondents,
the court said the only additional features
to the stock brokers' cases were first as to
the relevancy of the particular questions
put to the newspaper correspondents and
second whether they should be excused
from answering on the ground of privi-
legged communication. AS to relevancy.
Judge Coles stated that both witnesses
testified they did not have personal knowl-
edge Of the matters published. but claimed
stood to have personal knowledge of the
matter, and the other twas a question
pertinent to the inquiry as to their in
formant's name The court ruled that il
was pertinent as to lne information being
it does not appear that either correspondent
refused to answer on the ground that it
might luCTlIIliI1dIe a question which the court
might have considered. 1T has never been
commended before in a court of Justice"
said the court. that a newspaper editor.
gagged in the newspaper business is to be
considered a person with whom a conf
dental communication may be lodged and
be protected as between an attorney and
client or priest and confessor. There could
be no more dangerous doctrine than that
a newspaper might obtain information. the
effect of which might work great injury and
detract from the reputation or character
Of a party or body, and that the claim Of
privileged communication might then be
ing. There being nc law to that effect
which the court could follow, the demurrer
in both cases must be therefore overruled
and the defendants must answer by plead
ing to the Indictment"
The court then took up the cases of the
Searles, and it held that the questions
asked them as to amount contributed by
pertinent and proper. The question was.
said the court. whether pending legislation
Sugar Trust, so-called, had made a large
contribution. to the campaign. As a general
gress has not the right to inquire as to
contributions made by a corporation. But
the influence of legislation by such con-
tributions In another question. Now, ff the
action of tie Senate and of particular
Senators had been controlled by contribu-
tions. then the committee had the right to
inquire into it and the amount of the con-
tribution was of very grave Importance.
These witnesses everything up TO
the question. of amount. Abont this Con-
gress had the right to inquire and these
gentlemen should have answered. The con-
tention that the Senate had no
right to inquire because the contribution
appeared TO be local and not national was
declared to be immateriai.
1t is said to be probable that the de-
PENDANTS viii now be surrendered by their
bondsmen pleading guilty and placed tech
nically in jail, being under the custody of
the United States marshal. and that the
next procedure will be TO apply TO the
United States Supreme Court for "a writ of
habeas corpus.