Year: 1875

The indictment against Charles L. Lawrence charg-
ing him with forging owners oaths and Importers en-
tries and with intent 10 defraud the United States by
presenting the same at tho Custom House, called
for trial yesterday in the United States Circuit Court
criminal branch before Judge Benedict On the case
being called motion was made by Mr.. L. W. Slough
ton Of counsel for the defendant that the of
Court entering plea OF not guilty upon the counts
upon which tho defendant declined to plead be re-
scinded and the plea stricken from the record. This,
he alleged would enable the defence move quash
these counts, and, perhaps the entire indictment
Copies OF the warrant of commitment in Eng
land and the writ of extradition, also let
ters of instruction from the Department of
Justice &c, to the United States District
Attorney, read in support Of the motion made
he then went state that the only charge made in
England against the defendant was OF forging these
documents, and upon this charge he was extradited
The President has been addressed in the matter and
has under date Of May p, 1875 directed the District
Attorney to proceed upon this charge only. Similar
instructions have been received from Attorney General
Pierrepont, 1t being understood that the course in
future was not yet determined upon Section 1862 of
the Revised Statutes gave the Attorney General full
thority in the matter and yet the District Attorney
acting in direct violation of this authority The letters
spoke Of 'grave reasons which made it szpedient to


Assistant United States District Attorney Foster
stated in reply that he regretted that he should be
placed in this unpleasant position during MIR. Bliss abb
sence, OF answering TO this alleged disoyaliy
and INSTRUMENTATION. At best the question was
only political one and not the business of
. court OF justice. The Court had received any
instructions and could receive this effect AS
regarded tho position OF the District Attorney that
question could not be settled in this Court Tho refer
cnce TO the rumors of war, filing the atmosphere,
out of place.


Mr.. stoughton argued that the District Attorney,
with explicit Instructions in his possession insisted
arraignng Lawrence upon other counts, in direct dis
regard or the highest authority of the United States
Certainly Lawrence had some rights under q treaty
which was the law Of the land


Judge Benedict said the question was not new TO
him, only that now 1t was made moro formal. He had
put conformed with the requirements of the statute
when directing the plea of not guilty TO be entered
when Lawrence declined TO make II himself
and the instructions to the District Attor-
ney did not warrant any abatement of the
requirements of the statute, He could not refuse to


listen to any motion made by the District Attorney
who represented the government Tho only responsi.
blity in the matter must rest with tho District At
orncy the representative of the United States in the
Court and not with the Court, and through him this
application should have been made. There was nothing
to any action of the Court the premises and
the action of the District Attorney he could not pass
upon.


Mr.. B. F. Tracy also of counsel for the defendant,
then read petition from Lawrence, requesting the
Court to direct that the alleged forged papers be de-
posted with the Clerk, to admit Of examination by his
counsel and due preparation of defence. He had
learned that they had been taken from tho Custom
Attorney.


Mr. Foster said he considered this strange request,
one without precedent After considerable argument
Judge Benedict granted this motion, upon the pre-
sumption that the papers were in the hands of the
district Attorney, stated It was stated by the Dis
trct Attorney that he should move the Tor trial
next Tuesday The request then made by Mr.
Tracy that two Judges should sit upon the Bench at
the time Judge Benedict said he did not believe this
could be DONE but II would please hm 10 have Judge
johnson with him during the trial, and he would con
fer with him in regard to 1t.