Evening star., 1897-06-15
have to decline to divulge the name of his
Informant.
Could Not Remember.


Informant.
Could Not Remember.
Senator Gray said that he cannot remem-
Der the name of the stenographer who took
Mr.. Shriver,s testimony. and was. on Mr..
Davis objection, not permitted to say
what, II anything, no knew of the alleged
fntemperat. habits Of one of the stenog-
yaphers and what effect such alleged in
temperate habits Of the stenographer
would have upon the correctness OF the
record Of the committees proceedings. Mr..
Dittenhoefer said he would not press the
matter for the present intimating. how
ever, that the cefense would go into 1t
later. Neither was the senator allowed to
say whether or not any senator admitted
my improper connection with the sugar
trust.
On redirect examination Mr.. Davis asked
Senator Gray If Mr.. Shriver did not. In the
course Of the proceedings, absolutely re-
fuse to answer on one occasion. being
asked to refresh his memory by reading
from the printed record.
Counsel for the defense objected, but
Judge Bradley allowed the senator to say
that ultimately Mr.. Shriver did specifically
decline to give the name Of his informant,
after explaining that to do so would de-
formation having been given to him
(Shriver) In confidence, and his informant
having requested him not to divulge his
name.
Senators Lindsay and Davis Called.
Senator William Lindsay Of Kentucky.
also a member of the Senate investigating
committee. followed Senator Gray upon the
witness stand, and his testimony was in
the main that given by Senator Gray. The
senator's examination was a very brief
one and he stated to Mr.. Wilson that Mr..
Chapman is the only alleged contumacious
witness whose attention was called by the
committee to the law, and who was
warned as to the consequences of his re-
fusal to answer.
Senator Cushman X. Davis of Minnesota,
another member Of the investigating COM
mittee next testified. he also teSifying
that Mr.. Shriver refused to answer the
committees question
Did not the committee, asked Mr.. DIT
tenhoefer. subsequently get the names of
the representatives and of the wire manu-
facturer. and did they not appear before
the conmittee?
The Prosecution object.
'I object" interrupted Mr.. Davis. THAT
has nothing to do with the case"
Judge Bradley sustained the objection.
counsel for the defense noting an excep-
tion. and then District Attorney Davis
proved the attendance of Mr.. Shriver be-
fore the committee as a witness, when, at
12:2O. the court took recess until 1 o'clock.
When the trial was resumed after recess
District Attorney Davis called Mr.. b. w.
Layton, VINO stated tnat Dy authority o.
the sergeant-at-arms of the Senate he sum-
rnoned Mr. Shriyer as a witness before the
investigating committee, and that the de-
fendant testified before it.
The stenoErnpher Testiie..
Stenographer Robt. s. Boswell. who took
a stenographie report of Mr.. Shrivers tes-
timony before the committee, followed a
witness for the government. and identified
the defendant as the John s. Shriver who
testified before the committee. Mr. Boswell
said that his original notes have been de-
stroyed. and described how his notes were
typewriter, printed at the government
printing office and revised by his original
rotes.
Mr.. Boswell said that his recollection OF
Mr.. Shriyer's testimony agreed with the
printed report of the committees proceed
ings- Mr.. Shriver. as he remembered per-
emptorily declined to give the name of his
informant bat, explained the witness, the
printed record fails TO sustain his memory
In that particular, having no independent
recollection of Mr.. Shriver asking for time.
To MI Wilson, on cross-examination. Mr..
roswell said that the record does not dis
close rything which occurred before the
committee. although every word uttered
by Mr. Shriyer on the stand Is reported in
It.
Mr.. Boswell said he substituted Mr.. Robt.
L. Miller in his place later on in the in
vestigation. but denied that he did so be-
cause the committee had discovered in
r.
Wilson inquired to what his relinquishmert
OF the work was due. when Mr.. Davis OBJ
lected. unless the inquiry was restricted to
Mr.. Shriver's testimony
Judge Bradley SO ruled, when Mr. Boswell
declared that he was in perfect condition
ard relinquished the work upon his mo-
ton.
Defense Asks for Verdict.
MI Davis announced. upon the close of
MI Boswelrs testimony, the close of the
case Tor the government, whereupon Mr..
Dittenhoefer moved the court to direct a
verdict OF not guilty. basing the motion
upon the following grounds:
rlrst- The committee had no authority
OF jurisdiction to interrogate the defend
ant concerning the article published I'm the
Mail and Express.
Second There being no Jurisdiction I'm
much OF said article as is contained In said
extract, the question put to the defendant
was not pertinent to the question under
INQUIRY before said committee.
Inird The defendant was not directed
or required to answer the question
Fourth The defendant did not decline or
Sefuse to answer the question set forth in
the Indictment.
Fifth The defendant was nor called
upon 10 answer the question he is charged
In the indictment with having refused to
answer.
Sixth The defendant was privileged not
to disclose the name of his informant
After Mr.. Dittenhoefer had stated the
grounds of the motion, Judge Bradley ex-
cused the jury for the rest of the day and
Nr-Dittenloefer inaugurated what promises
10 be very long legal argument, which
will, of course. be participated in by counsel
on both sides. and which may continue the