Evening journal., 1898-07-18
COOPER TO TESTIFY.
Judge Bradford Grants the
Writ of Habeas Corpus.
WAS A REMARKABLE P0IN

LIE Dhf b4NNE WILL OLOoE ~
MORROW AFTER TILE COLONEL
CONTRADICTS BOGGS IN A TALK
HELD IN NEW CASTLE JAIL.
EVIDENCE THIS MORNING.
Hard it may seem to the casual OBJ
server who, peradventure, steps into
the United States Court room in the
Federal building and witnesses United
States District Attorney Vandegrift
prosecuting a senator of the United
States. The unusual spectacle of
a defendant helping the man who Is
endeavoring in every manner to send
him to Jail prevails in the case Of the
senator. When Attorneys Gray and
Bird entered the court room this morn
ing they were Immediately followed by
Senator Kenney. AS Delaware's junior
representative entered he was greeted
on all sides, to which greetings he re-
sponded cheerily. When the district at
torney desired to acquaint himself with
matters pertaining to the proceedings
this morning he conversed with the
senator, who went over books and pa
pers with him.
COOPER TO BE RELEASED.
The greatest possible evidence that
the defence could attain was the grant
ing Of the writ Of habeas corpus to
bring Colonel E. T. Cooper from the
Trenton penitentiary to testify in the
case against evidence given by Boggs.
Judge Bradford, upon opening of court,
said he had considered the application
for an order on the keeper of the Tren~
ton prison to produce Colonel Cooper.
He said that he never knew of such a
remarkable application. The attorneys
for the defence and the government
have failed to produce a single case by
which the court could be guided. He
said he had been unable to discover any
reference to such an application, and
thought that Colonel Cooper, on genera
principles, was incompetent to testify
He then said that what the writ prayed
for was granted, and Colonel Cooper
will go on the witness stand to-mor
row at IL o'clock to testify for the de
fence regarding a certain conversation
he Cooper had with Boggs in New
Castle Jail. Cooper will be the last wit
ness for the defence.
Senator Gray's application for tn
writ to bring Colonel Cooper here wa.
based on what constitutes an infamou
crime. The plea in support of the Is
suing of the writ was based upon th'
following propositions:
Violation of section 5,44O Of the Re
vised Statutes Of the United States 4
but a misdemeanor, and it does not de
stroy the competency Of the person con
victed thereof as a witness.
By the common law a conviction an
= judgment for treason, felony or one G
the species Of crimen falsi were goo
q cause of exception against a witnes
while they continue in force, and tn
: test was whether the man stood in tn
pillory or suffered other infamous pun
ishment.
I But this rule was gradually relaxed
and even in the last century it wa
s taken as settled law that it was tn
infamy Of the crime and not the puI
4 ishment which disqualified from bein
4 witness.
y And the infamous crimes at thu
4 time, which it seems would operate &
disqualification to testify, appear I
i have been limited to those adjudge
e guilty Of treason, felony, forgery an
4 crimes injuriously affecting by falls
hood and fraud the administration
Il justice, such as perjury, subornatic
n Of perjury, suppression Of testimony
d bribery, conspiring to accuse one
r crime or to procure the absence OF
v witness, and not to have been extend'
" to cases of private cheats.
d The decision in the United States S
,e preme Court, declaring that a viol
y ton OF section 5,44O, Revised Statute
ID is infamous, refers to the right Of &
ID accused to be tried on an indictme
n. on. account Of the infamy Of the pu
,e ishment, and does not mean or s
N that the crime is in itself infamol
so that one punished for a violation
As it would thereafter be held incomplete
er as a witness.
,n An infamous punishment does I
es destroy competency as a witness, u
to less the crime be itself infamous.
q The distinction must be kept in mi
ne between infamous crimes meani
IN those involving disgrace because Of
ed nature OF the punishment and infamo
in crimes involving moral degeneracy
cause OF the nature Of the act. The f
m mer are to be viewed with regard
H. the rights of the prisoner in having
I'd certain course Of trial; the latter W
he regard to the disability as a witness
on tending the conviction as the result
70 his act. in the latter the act comm