The evening times., 1896-03-26
CAN NEVER BEIRIEO NOW
Cases Which the District AttOr'
ney Has Dropped.
HIS SPRING CLEANING UP
He Tells Some Queer Things Con-
cerning Some OF the Matters Before
Him-Proof That the Grand Juries
Presented Wrong Returns-Some
Examples Are Given.

District Attorney Arthur A. Birncy is
making a spring house cleaning of the old
indictments in his shop. He has made this
a rule ever since he has been in office, and
the return of every spring sees him shuffle
off over the nole prosequi route large
number Of indictments against persons VINO
for one reason or another cannot be brought
to trial.
There are indictments and charges in the
District attorneys office that are over
thirty !earS old and many OF thcnare against
people who have gone to answer indictments
in the unknown beyond. In others the ac-
cused are out of the jurisdiction and cannot
be found. In many cases II is Impossible
To find enough witnesses to prosecute, ana
in still other cases nobody on earth can tell
why the grand jurors presented the man
ami why The prosecuting attorney indicted
him.
Mr.. Birncy has already nole pressed within
the last week over forty cases. Probably
as many more will yet be disposed of in
similar manner, and the effect on the office
pigeon-holes will be noticeable, though at
rough estimate 300 cases could yet be
similarly disposed of with perfect impunity.
A NOTED SERIES.
A notable series of c;ises In the first batch
were the indictments for perjury against
Fraflk StilIieltltr- ana seven otueEs. Inc
history OF tie charges against the ociette
who appeared as witnesses in Howard
Schueider'S murder trial three years ago,
Is known to every resident OF the District.
1t would have been almost impossible TO
secure n conviction. Mr.. Birney said,
while the expense would have been very
great against the government.
There are many reasons why some or
these eases can never he brought 10 trial"
"A Mr. Iirpn IN rtn aSG
THE chances OF IL conviction are in many
cases so small that it would not be ddvisa-
ble to tax the government TO bear the eN-
pense. Ihavc case in mind now where ii
would be absolutely impossible TO secure Il
conviction, and where 10 try the case it
would cost the government at least ST COO.
1T is that of Il man who secured fraudu-
lent affidavits to an application for
pension. The Pension Office officials have
worked upon the ease and have furnished
me with evidence. Now. In convict the man
indicted the government would have to
prove that he was here in Washington on,
say November B. On the ltth they would
have 10 show that he was in Chicago. He
would have to jump from there TO Mime
sofa on The Goth. Then it would be necos-
sary TO prove that he was in Ell Paso,
Tex, on the ed instant. We would have
to send to all Of these places and secure
affiuavitS from DOtaries before whom
the witnesses appeared. Probably the no.
tary who had been in Ell Paso has moved
10 California. Then we would have 10
summon witnesses from many OF these
places and pay them 10 cents mile for
coming.
WHAT COULD BE PROVED.
Now, as a matter of fact, in the very
same case the friends OF the man accused
have placed In my hands indisputabe evil
tn.t no her in al
of the time that he is alleged to have
been absent. To prove this they have
brought bills and receipts to show his
daily accounts made and paid at the time
Better than all this, they have brought
affidavits from twelve or fifteen OF the
most reputable citizens OF the city, who
swear to having seen the man here during
The time covered in the charges. con-
viction under these circumstances is, you
see, impossible.
The grand jur y do cs Xplaina bic things
sometimes, too,'' continued Mr.. Birney.
I'VE have a rule never to nolle PROSE-
indictments for murder, but | threw one
out of the office. A man kept store out
on the edge of the city, and hired as clerk
the wife of another MIN who was about
as worthless as they generally grow. While
this fellows wife supported him he did not
want her 10 work for the merchant, and
would frequently come into the store
accusing the storckcepcr OF being too
friendly with his spouse.
FINALLY the two men Guarrcled, and the
husbandOf the woman went ava swearing
that he would kill the shopkeeper. a Few
minutes later he walked back into the store
and went 10 the private office OF the owner
OF the establishment. On his way back
he grabbed Il weight from tie scale rack.
The storekceper met him at the door OF
the private office with a lead pipe and
killed him. Then he went and gave him
self up. ..-
PRESENTED THE CASE.
II felt it my duty, as matter of for
mality, TO present the case before the
next grand jury. The wife of the dead
man was the only witness OF the killing,
and she said that the me reliant did it purely
in self-dcfense. But the grand Jurors re-
turned rrcscntment against the man.
".How did you DO tbat?' ] asked the
foreman.
~ was opposed to it. he answered, but
they seemed TO consider the evidence strong
enough to hold him.
..well, his wife was the only witness
and she said that the man that did the kill
ing did it in self-defcnse, didn't shc?' ]
asked. rr.-t-
"'Yes, that is true. but they seemed
to think he should be held, anyhow
Il was so sure that Il case could not
be made against the man that ] refused
to draw up an Indictment, and brought the
matter to the attention OF the Very next
grand jury. Well, sir. they did the very
same thing, presented the man, and then
threw the case out. 1t was one of the
uueerest things ] ever heard Of in that