The evening times., 1896-01-07
BROKERS' Side HEARD
Argument in- the Absence Of the
Sugar Case Jury.
JUDGE WILSON'S POINTS
He Contends That the Recaicitrant
Witness, Cha pmnD, Should Not he
Affairs-Two Witnesses Exam tDed.
Many Authoritie. Quot ed by Counsel.

The opening proceedings in the Chapman
trial before Justice Cole this IBof ofning were
marked principally by delays. The case
| was to be called at IL O'Clock, but 1t was
fifteen minutes later, when Judge Wilson.
of counsel for defense, arose, cleared his
throat and began: ,.--
May it please your honor
"0h, where is the witness?"
Witness Prentiss was not in the court
room, but was said To be in the building
II presume he is coDstructiveiy ON the
stand said Judge Wilson, after another
de.ay.
"Oh, yes" was the response by the court.
Judge Wilson then introduced his argu-
ment upon the points at issue. which We're
To be argued by counsel Without the pres
ence OF the jury. The witness was on the
stand at the close OF yesterdays proceed
ings. -=..
The contention of the defendants conn
sci when court closed yesterday was that
in cross-exainination OF Mr.. Preniiss they
had the right to cause the reading OF all
his notes, giving everything IN the testi-
mony adduced before the Senate commit
tee. This was opposed by the government
attorney. v.e
OFFERED TO PROVE.
Judge wilson this morning submitted a
statement. Offering to prove by the witness
that Mr.. Cha pman was asked when before
the committee cert sin questions which he
declined to answer On the grnunds that he
preferred to consult counsel. That be after
ward appeared before the committee and
stated that while there might be no objec-
uon to answering. he had been advised that
Constitution no cpnld ha.
obliged to disclose the private details OF
the business of the firm he represented.
He had upon that ground declined to re-
spond. Arguing this point, a part Of which
was to be proved by other witnesses yet to
be called. Judge Wilson quoted the terms
Of the section, OF, OF the revised st atutes,
under which the Indictment was drawn. Re-
rerring TO the penalty prescribed for the
wiilful refusal OF a witness to give evil
dcnce, he said the question is one Of great
gravity.
The penalty is fine or Imprisonment or
both, and he contended that the government
is Obliged TO prove that the refusal or Mr..
Chapman was wiilfuI violatio of the
statute.
The Senate committee, he said. was
seeking to make an unreasonable search.
never the intent of Congress to embrace
in the law something which under the
Constitution 1T could not legislate upon.
Congress cannot empower a commission
tn Investigate the books and papers of
corporation. No more can Congress ernpuw
cr a committee to inquire into the affairs
of an Individual
Congress cannot compel a witness 10 dis
close his private affairs. and the government
cannot sanction aninvasion of private rights.
All the facts must be alleged in the indict-
nient in order to bring the orfense within
the statute.
Willie they have charged in this case, said
Judge Wilson. that the act was willful, they
must go farther. and it folio ws logically that
the defense may prove from its side that it
was not willfuIly done.
Judge Wilson had a large array OF au-
thorities before him, a dozen or more, from
which he frequently quoted. and his address
lasted until after IL O'Clock.
WITNESSES EXAMINED.
Upon reassembling subsequent to recess,
the argument OF Judge Wilson was tempo-
rarily suspended for the purpose Of ex-
amning two witnesses. These were Geo.
W. Ely secretary OF the New York Stock Ex-
change, and Francis E. Fitch, publisher.
also of New York.
Before the examination had proceeded far.
however, the court adjourned until 10