The evening times., 1897-06-15

| other words, liable for the statute TO
| which he pleaded not guilty.
Judge Dttcnhoeffer also uncovered an
| other ground of defense when he set out
| that the Mail and Express article was not
| published until two da - after the passage
| Of the Senate resolution providing for
committee Of inquiry. \ third line OF tie
fenSc is substantially that the witness could
not be contumaCious, as he had nowhere
stated as fnality that he would rot
| answer
After the recess Mr. Bernard W Layton,
assist ant sCrEGant-at arms of tie Senate,
was examined is To how Mr. Shriver was
summoned MT Layton said that lie called
on Nfr ShTiyrT iu tHe pres, gallery anft said:
Johnnie, YOU are wanted Mr.. Smiver
consented To- come without further legal
prcce1
Mr. Boswell, the 81 eOngrapiler who took
Mr. Shryer's testimony, explained how
all the >tenogIapIHC notes were destroyed
Mr. Boswell gave lis recollection Of the
ticle produced in Mr. Shriyer's eNauina-
tiCn, etc A great part of this exlmina-
ton went to show hoy the notes were
trauS.nbed Mr. BosiyeIIs recollection
was shat MT shriver percnptorily de-
clneG 60 testify.
on croSs-examination the witness stated
that parts Of the record he had taken and
Transcribed
Mr. Wilson Did an ything occur dUring'he
committee. meetings which does not appear
on the committee record.
Mfr DavisI object.
Tie Witness / think know to what YOU
refer
The witness admitted that some things
might have occurred when he was absent,
but everything that Mr.. shnver said was
in the record Aside from the record, MI
Boswell would say that Mr.. shriver did
not ask for tine. He remembered that Mr..
Shriver only asked for time from the fact
that Judge Dittenhoefer appe ared for him.
Judge wil>on-You ceased to be stenog-
raphcr OF that committee:
The Witness-Yes. sir.
Judge WilSOn-Now, why?
The district attorney objected.
MIR Wilson desired 10 know of Mr.. Bos-
well did not cease to take notes Of Congress
man Ce,lmus' testimony, and that another
stt nographer was substituted. Mr.. Roswell
replied that the substitute stenogIapheT
was a Mr Miller whom he placed in charge.
Judge Wilson is it not fact that the
commits. ee discovered that your notes were
inaccurate and that for that reason you
ceased to be stencgrapher.
The Witness No, sir. l substituted an
other person.
Judge DittentiOefer here made the point
that the district attorney was trying TO
prove tie testimony of Shriver in a second
ary way. ard not by theOnginalnoteS.
Judge wilson-Wcre you under the influ-
ence Of liquor when you were taking Mr.
Shriver's testimony?
The WitnesS--Judge, that is not kind.
Mr. Davis-He has already answered that
question.
The corrt directed the witness to an
swer.
His reply was, Il was not"
Judge Dittenhoefer here made the motion
asking that the court direct the jury to
acqnt on these grounds.
First The committee had no authority
or jurisdiction TO inteTogate the defendant
(ShriyeD concerning the article published
III the Mail anil Express.
Second. There being no jurisdiction in
said comnittce to investigate concerning
so much Of said article as is contained in
said extract. the question put to the lie
fendant was not pertinent to the question
under inquiry" before said committee.
Third The defendant was not directed
or required to answer the question.
Fourth. The defendant did not decline
or refuse to answer.
Fifth. He was not called on TO answer
the question charged against him in the
indictment.
The defendant was privileged not to
disclose tie name of Tire informant
Judge Dittenhoefer proceeded to argue
the points and the jury was dismissed un-
til tomorrow.