The times., 1897-05-28


not guilty against the defendant In his
opinion, closing with such instructions
to the jury. the court picked fatal fla WIS
1 in the prosecution, one OF them being
that its allegations did not colnport with
tine evidence on which 1T was based. The
| court generally followed the lines laid
| down in the argument OF the counsel for
tue defense. with THE exception of the
| denial by the defeuse OF the right of the
Senate to make inquiry as TO the con-
| tributions, State or local, by the American
Sugar Refining Company. Judge Brad
! ley held that deliyerance on this con-
sttutionai question was not essential to
| the disposition of the case as made hy
| the district attorney.
I'm few words the court held that MI.
Havemeyer could only be required to testify
! as To the amounts of contribution from the
books (if he had not the knowledge at the
time he was on the standD by summoning
| himto appear before the committeeon apIu-
cess specifically commanding him TO pro-
duee the books or papers The committee,
although il mad the power TO require this
(and it was asked by Senator Allen prac-
ticallyl, did not avail itself of tie oppor-
tunity and right; and therefore, the simple
/ " tCSlliS W
! these conditions could not be charged t.
MIR. Havemeyer as an offense. The other
| essential point was that Mr.. Hayemeyer
| did answer the question of senator Allen
| in general terms, and as far as he could, Or
as any other witness could iTnpromptu, and
| that he only declined to do a certain
| thing, which he was not legally bound to
do, that is TO voluntarily produce the books
OF the company.
Relieved, in the opinion of the court, as
| to Havemeyer's responsibility in these
| two essentials, Judge Bradley found no
difficulty in ordering an acquittal, and
| characterizing the prosecution as a base
less fabric.
Mr.. johnson, the shrewd lawyer from
| Philadelphia, pointed out on the day be-
| fore all these loopholes for escape. II he
| showed anything al ali more clearly than
| another, it was that the COMMITTEES left
| Senator Allen in hole. Mr. Allen, dur
ing the examination, saw the necessity OF
| having full data from the books of the COM
pany, and when the committee adjourned
on certain day, he asked that that in
| information be obtained. He is evidently
u good lawyer. He was also evidently under
the suppression that the committee would
see to il that such data be furnished But
Mr.. johnson cleverly put things together,
and showed that the committee did no such
thing. Two OF them, in fact, disagreed
| with Mfr. Allen on what has turned out
| the crucial point in the case, and Mr.. John
| son showed from the steBographic records
| that there was no effort on the subsequent
| day to change the status, that Of very
pertinent question by Mr.. Allen to that Of
| making the production OF the data a duty
of the committee.
There was, therefore, ample reason for
the boast by Mr.. johnson that Mr.. Have
meyer eontemned MI Allen and not the
comEaittee Indirectly he slapped the
whole committee III the face by showing
that they either forgot to use, or designedly
did not use the proper legal machinery to
have that full data - asked by Mr. Allen,
and which macinery, If put in motion, a C
cording to Judge Bradley and MI. John
son, wotld have changed the whole re-
suit Otherwise, lac stated if the com
mittee knew its busine IS it didn't do it,
and If it didn't do 1t, ii wasn't because
Mr.. Allen hadn t shown what was wanted,
an1 there was only one way to get it.
The defeat of the district attorney is
therefore directly cfargeabIe to the condi
ton of affairsin which tie case was turned
over TO him. 1t was impossible for him to
change the Condition as it existed when
the committee of inquiry adjourned He
made q splendid fight His reply TO Mr.
Jobnson's argument of the day before WAS
spirited. He did not mince matters. Ee
talked right out from the shoulder aud
made fine impression on the audience
Mr.. Davis spent much OF his time arguing
a questionable right OF the Senate to in
quire about State and municipal campaign
contTibutions-wni question Judge Brad
ley held to be non essential TO the decision
of Mr. Johnson's motion that a verdict of
acquittal be ordered. Mr.. Davis also de
voted time to proving that the indictment
was sound and disclosed sufficient caus.
of action, which had been denied by the
defense
Mr.. Johnson's reply was the one on
which he so successfully harped, to the
effectthat H1vemeyer was not in contempt
of the committee, hut of Senator Allen
Judge Bradley substantially agreed to this
proposition, and it was really the turning
point of the case, because it was Mr. Allen
who desired to have done the thing which
Mr. Havemeyer declined to do" and
if Mr.. Aliens question had heen adopted
as question of the committee.
The only feature in the proceedings yes
terday was the style in which Mr.. Davis
rolled under his tongue as delicious pabulum
for himself and for the audience the
charges made against the Senators. The
Sugar trust owned Them certain OF them
''had been bought" 1--WE are all right at
~, fols
great public was greatly delighted with
these charges.
When the court opened at o o clock there
was the usual crow in attendance. The
speech of Mr.. Davis was, of course, the
thing expected. lie had slept on the speech
of his able antagonist. and when he asked
if he should proceed, people listened at
tentively, for somehow or other it was
in the air that there would be a roundup
in the afternoon.
"Your honor" began Mr.. Davis, ''the mo-
tion addressed to the court yesterday rests
upon SIX announced reasons. which will
deal with a little out OF the order 10 which
they were assigned, reserving the first of
the assigned reasons for discussion last. I
shall deal first with the sixth reason,
Which is that the indictment is insult
ficlent in its ayerments as to an Of
fense, and dispose of that in q few words.
The indictment is almost the same as that
in the case OF Chapman, which was de-
INJURED to and the demurrer overruled''
Mr.. Davis then proceeded to show that
Mr.. Haveneycr had ample notice that the
question put to him by Mr.. Allen was
essentially O committee question: but this
was aq;Iestionof fact. Havemeyer had well
considered all the matters involved in the