The evening times., 1896-01-16
NOT ERsUGR EVIDENCE
Judge Dit1snh\etsr Asks Dismis-
sal of the Chapman Case.
OBJECTION FROM NIB. BIRNEY
The Brokers' Counsel Insists Tint
Some of the Allegations of the In
dictment Cannot be Sustained-He
Scored the District Attorney for
His Conduct OF the Case.

The argument of Judge Dittenhoefcr In
the Chapman case in connection with the
Sugar Trust investigation OF the Senate
committee in the sprins OF 1894, was contin-
ued before Judge Cole this morning.
His effort was to show that there was not
sufficient evidence to sustain some of the
allegations or the indictne..-, and there
fore the whole indictment is oyrthrown
This beng tne case, lie WAS asking tnat the
jury return verdlct for the defense.
Alter he hau spent some tine III urging the
Necessity or proof that the American sugar
Refining Conpany's stock was controHed
in price by tine tariff legislation, Judge Cole
Remarked tnat probably Judge pittenhoefer
had, when on the bencn, CONSIDERED a ques-
ton like the one presented iereA
This question was as 10 the lpe between
immaterial averments in an Indictment
which must be proved and immaterial aver
ments which need not be proved. He would
be glad to have the line marked out and
authorities cited.
A NOVEL QUESTION.
Judge Dittenhoerer said that the question
now raised, considering all the facts, was
novel. He did not believe another case
could be found where district attorney
had spent ten days of the courts time i'll
trying 40 prove IL point and, being unable
to do it, escaped by saying lne matter was
lilniat tcriaI anyhow. he was very sure
no court had ever allowed SO great an ex-
pense upon a point and then ruled that
IL WAS unnecessary.
He took up Ctncr averments OF the in-
dictment similar To that discussed, aud in-
sisted that they also were material and
must be proved.
District Attorney Birney followed, say
ing that Judge Dittenhoefer had present
ed an apparent misunderstanding of the
case which, he thought, could not really
exist.
TIE essentials of the indictment were that
the defendant had refused to answer the
questions put to him, and had thereby be-
come Liable under the statute.
A number of statements were properly
Incorporated in the Indictment to show
that the Senate had Jurisdiction in the in
vestigation which it had instituted.
QUESTION OF LAW.
All that was essential, however, was to
show that legislation was before the Senate
involving matters to which the inquiry was
directed. 1t made no difference what he had
done or considered material, nor what the
judge might at some time have considered
material. 1t was purely a question OF
law.
He read from Bishop, Story and other au-
thuritics to show what in surpliisage in an
Indictment, and said to allow Judge Dit
tenhoefer's contention would be to over
throw the whole doctrine or surpiusage.
Mr.. Shellabarger followed. He quoted
authority and urged the greatest strictness
and carebe used in the case. There hadnever
been quite similar prosecution in all the
history OF Congress.
Supt. Cutler, of the Municipal Lodging
House, reported 10 the superintendent OF
charities this morning that he supplied
accommodations for eighty travellers at
his establishment last night; eighty were
accommodated for the previous night, AMI
ninety-one for Monday night. The limit
of the house, without extra provision,
is for the entertainment of seventy-two
guests, but by the exercise of economy in
the arrangement of space Mr.. Cutter caa
provide for the proyerbial "One more"
several times repeated.
He argued closely that Congress has un-
limited jurisdiction TO investigate within
its granted powers. But here Mr.. Birney
admitted that an allegation of pending
tariff bill was necessary TO the indictment.
The other averments Mr.. Birney had put
there were certainly appropriate, and
therefore material.
WHel Mr.. SHc.iabarger had concluded
Judge Dittenhoefer arose to say that the
pcndency OF the tariff bill in the Senate
was certainly not sufficient OF Itself to give
the senate JURISDICTION ior such an inquiry.
1t must he coupled with some conspiracy
To currupt Senators or something of the
Kind. As Mr. Birncy had admitted the ne
cessity of the bill, he also, by inference. 3d-
rrttei the necessity of proof that sugar
stock prices were controlled by the iegisia-
tion and so gave M his case.
Court took a recess at p. m., when
Judge Cole overruled the motion. He re-
lied mainly upon the decision of the court
Of ANNALS npDu this very clsp. Court
then adjourned till tomorrow.