Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1904-01-14
TRIAL SOON OVER
DIETRICH AND FISHER FOUND
NOT GUILTY.
THE INDICTMENTS ARE QUASHED
Court Decides That the Senator Was
Not Member Of Congress When
Contracts Were MadeHe is There.
fore Not Guilty as Charged.

OMAHA.-Thc Dietrich trial in the
| federal circuit court is thing of the
| past The senator has been found not
guilty OF accepting bride, had the
| indictments of conspiracy against him
| quaVled because the court held he
could not be charged twice with the
same olfense and was relieved from
defending himself in the charge of en-.
joying a lease with the government
upon the motion of the district attor-
ney.
Summers refused to make any state
ment after the trial was over. He
| said: 81 have no further statement
to matchmaking more to say,
think"
II have nothing to say" said Sen.
ator Dietrich, beyond the fact that
| was willing to waive any technical
ity in order to secure a full trial. My
attorneys advised me- and, | believe,
correctly, that the court would not al.
low the case to go to the jury, for
the reason that Summers would not
and could not prove that ! was a sen.
ator when the lease was made. The
lease was made before | was even
elected senator and while | was still
governor. Summers knew this and
knew that his case would not be al
lowed to go to the jury, but he per-
sisted I'm his effort solely to besmirch
my name
At the same time in the court room
Senator Dietrich was surrounded by
group of friends anxious to shake his
hand and to say that even though the
prosecution lost out because it had
not been shaped in conformity to law,
they were satisfied that the senator
was guiltless literally as well as tech
nically. His daughter, Miss Gertrude
Dietrich. was the center of q throng
of women, smiling and talking freely
for the first time since the trial be-
gan. Postmaster Jacob Fisher of
Hastings, who also was freed of the
charges pending against him, was eX-
pressing his satisfaction and saying
that he did not care so much about
the Indictment, but that it was his
girls" that were the most concerned
over the matter.
A most notable assemblage of law
yers heard the delivering of Judge
Van Devanter of the two decisions,
both Of which settled points never be-
fore raised in American Jurisprudence,
the first as to whether a senator is
member of congress when and after
he is elected or upon taking the oath
of Office, and the second being on the
contention that lease with the gov
eminent made by member of con-
gress before he becomes such an Off
Ger does not operate to cause him to
fracture the law because its provis-
ions are adhered to after the leasor
becomes public officer.
The point as to the exact time a
person becomes a member of congress
was raised by General Gown and
argued by both sides. 1t had been
anticipated as vital feature Of the
bribery case and the judges had pre-
pared for 1t. They were ready, there
fore, with the decision, although, as
Judge Devantcr said, the reasoning
had not been reduced to the form in
which it will stand upon the court rec
ords.
From the conclusions" he said at
the end, I'VE must instruct the jury
to find this defendant not guilty.
Gentlemen of the jury, it results
from that which has been just said
in your presence that, If all the evil
dence which the prosecution has in
hand and which wcs described were
now introduced and before you, il
would appear that the defendant had
not attained that official relation with
the United States which was neces.
sary he should have attained in order
to come within the inhibition of t.is
statute, and hence we must instruct
you to find the defendant not guilty.
The evidence has been rendered nee
cssary and it is your duty to find the
defendant NOT puiltVh