Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-01-17
GONE TO THE JURY
After a Four Minute Address by
Mr.. Birney.
CLOSING OF TIE CHAPMAN TRIAL
Only One Short Prayer Allowed by
Judge Cole.
OF THE DEFENSE

ARG MENTS OF THE DEFENSE
The trial of Mr.. Elverton R. Chapman,
the alleged recalcitrant sugar trust wit
LEGS, was resumed today before Judge Cole
in Criminal Court No. l, by the submission
of prayers to the court for special instruc-
tons to the jury.
District Attorney Birney exploded sort
of bombshell by asking of Judge Cole but
one direction. 1t was to the effect that II
the jury find that Mr.. Chapman was law
fully summoned to appear before the SEN
ate investigating committee, that he did
appear, was asked question and refused
to make answer, then verdict OF guilty
must be returned
You mean, practically" remarked Mr.
Wilson, that the Jury be instructed to
convict Mr.. Chapman
'It does look something like that" re-
piled Mr.. Birney. "If it was not for
dictum of the Supreme Court of the United
States in a case recently decided l would
ask for a conviction In so many words
Every element to establish guilt under the
ruling of the court yesterday has been ad-
mitted by the defendant on the stand. All
the material facts alleged in the indictment,
in this case have been substantiated, and 1t
is not plain to me why the jury should not
be instructed to convict" -..-.
After denying that Mr.. Chapman had ADJ
mitted the facts. as alleged, the defense
submitted over forty prayers, Mr. wilson
reading the list, and later arguing In sup
port of the same, laying particular en-
phasis on the contention that 1t must be
found tfat the defendant "willfully re,
fused to answer. 1t was also again pointed
out that as the Senate took no action on
the report of it's investigating committee
the questions asked by that committee were
not pertinent. ->..-
Mr.. Birney, in reply, declared that it was
for he limo ~
swer to have been "willfur' or mali
cious." 1.-The statute provides that the mere
doing of the act shall be punished, ne
said, land we have presented such PROOF,
and therefore the prayers of the other side
should not be considered
Mr.. Dittenhoefer, who followed Mr.. VIII
son. asked If Mr.. Birney desired to go down
in history as having conducted an opera
bouffe for the past ten days. The PROPOSE
ton of Mr.. Birney he characterized as SUI.
ficient to put a person out of temper. II
the case Included rot more than the 1acts
now stated by the district attorney, con-
tinued Mr.. Dittenhoefer, the trial could
have been concluded in three hours.
After going over all the points set forth
in the prayers in detail, Judge Cole grant
ed the single Irayer asked by the district
attorney, and refused all those desired by
the defense. - r.
A number of other prayers were then
submitted by the defense, but the court
promptly refused to grant them, and a re-
cess was taken in order to permit con-
sultation between Mr.. Chapmans attor-
neys before addressing the jury.
A FOur-Minute Address.
After recess the defense announced that it
had decided to address the jury. and there
upon Mr.. Birney made the opening for the
government. He quoted SO much Of the tes-
timony of Mr.. Chapman asOhowed that the
latter appeared before the Senate investi-
eating committee and refused to answer the
questions there put to him. Mr.. Birney
spoke but four minutes.
Mr.. Wilson, who opened for the defense,
declared the matter at issue to be the most
extraordinary ever before jury, and then
went on to review the facts in the case. Mr..
Dittenhoefer, who followed Mr.. Wilson,
sought to make common criminal of Mr..
Chapman and throw him into JAIL when he
has not willfully violated any law The dis
trict attorney, according to Mr.. Often
hcefer, depended solely on technicalities in
pushing the prosecution.
Judge Coles Charge.
Mr.. Birney made no reply to the argu-
ments of the defense, so Judge Cole there
upon charged the jury. The trial has occu-
pied long time, he said, but the question
to be disposed of would not require any
great amount of elaboration. The case,
continued Judge Cole, is not at all extra
ordinary, for there have been hundreds of
a similar nature. The instruction asked by
Mr.. Birney was then read to the jury by
Judge Cole. 1t would be dangerous policy,
| significantly added the court, If any citizen
should be permitted to decide, even upon
the advice of counsel, whether or not a law
enacted by Congress Is erroneous.
Gone to the Jury.
| Mr.. Wilson entered exception to the in.
| structions, and the jury retired.
| In CONVEX sation with Star reporter, Mr.
| Dittenhoefer stated that the utmost the de.
Tense expected was a disagreement of the
| jury.
District Attorney Birney stated to Sta
reporter this afternoon that he will no
wait for final judgment, but means to g,
| ahead with the trials of the other indicted
men without delay. These will be Gale,
| separately, and, it is expected. will b
| quickly disposed of, although new ques
| lions will arise in the case of Mr.. John S
| Shriver of the New York Mail and Elk
press, and Of Mr.. E. J. Edwards, the news
paper correspondent.
/ The proceedings might be brought to
| sudden termination should the Suprem
| Court rule that the statute under whicl
! Mr. Chapman was indicted is unconstitu
|