Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-05-28
HAvEMEYER ESCAPES.
Supreme Bench Kicks the
Case Out Of Court.
Justice Bradley Instructs Jury to Re-
turn Verdict Of Not Guilty.
District Attorney win Commence John r.
ssarIss' Trial, Today.

| Washington, May 27.-Interest in the
trial of Henry o. Hevemeyer. president
/ Of the American Sugar Refining Com
pany,was greatly intensified this morn
| ing by the pending motion of the de-
fence to instruct the jury to bring in a
verdict of not guilty. AS soon as the
court convened District Attorney Davis
entered upon his reply to the motion Of
the defence to order an acquittal. which
| Mr.. Havemeyer's counsel argued, yes
terday.
There was almost GREATNESS sus-
pense in the court room when the coust
| reconvened at O'Clock. The room
buzzed with speculation ae4 to what
the decision would be. Just before
the judge entered bright little girl
ran over to Mr.. Havemeyer and said
she wanted to shake his hand The
millionaire sugar king took her in his
arms and kissed her. He then put her
down and she ram hack to her mother.
Il don't know who, the child isl said
Mr.. IIavemeyer to his attorney. Mr..
Parsons, "but think it is a good
| omen.''
Judge Bradley was exactly 10 min
utes late With solemnity he an
AAoOlSSd theSN tAC PAoPocitiOh uPOh
| which the motion of the defence was
| founded involved questions of great
Importance. questions which could not
be decided by the court without the
most careful consideration, especially
that one which related to the power
and Jurisdiction of the special commit
tee appointed by the United States
Senate.
1t had been impossible for the court
in the few minutes since the argument
terminated to consider carefully and
accurately the grave questions invol-
we'd but holding that question in abey-
ance the court had given enough con-
sideration to the other questions in
volved to enable it to dispose of the
motion of the defence. AS to the grave
question of the power and jurisdiction
of the Senate committee the court
could not enter upon that without fur
ther thought. Judge Bradley then pro-
ceeded carefully to review the indict-
ment. He read the statute prescribing
the punishment Cine and imprisOn-
ment for default or refusal to answer
questions of congressional commit
tee and reviewed the decisions of the
court of appeals and the supreme court
in the Chapman case. The questions
asked of Mr.. Havemeyer' and Mr..
Chapman differed somewhat, he said.
The facts as shown tended to estab-
lish the facts as given in the .indict-
ment, Judge Bradley said. But he
asked was the defendant guilty of con-
tempt. This he said depended upon
two propositions: First, did the COM
mittee have Jurisdiction and was the
question pertinent; Second. did the
question demand facts within the
possession of the witness. A negative
to either of these propositions. the
judge said would require the court to
sustain the motion. The witness, the
Judge said, was not asked to produce
the books which would show the data
as to local and state political contri-
buttons. but the data from those books.
He was not asked as to anything with
in his own knowledge or recollection.
Judge Bradley then read the question
in extenso. Part Of that question Mr.
Hayemeyer had answered. He hal
said that there were no contributions
as to national matters; as to state and
local, he had said there were contrfDu-
lions but of their particulars he had no
personal knowledge. Could 1t be con-
tended, the Judge asked, that Mr.. Have
meyer had personal knowledge OF this
data? He thought not. The witness
was subpoaened to give any Facts
"within his knowledge" He was not
called upon to prepare himself for any
the committee might ask. he
was only summoned to give "competent
rot to give data from rec
ords and books.
Gould Il be held that the witness was
- default when he refused to answer
ruestions beyond his knowledge? Gould
- - held In default for failure to pro- 4
I,,ce the books when Ne was not served y
WITH a summons Duces Tecum. Judge
said he had sought precedents
CONTINUED on rage -