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Show THOSE SWEEPING CHARGES Me Against Assistant District it-tc-rctj Sttpben! 11V JUIJIIi: IIEATIIK AMI OTHERS. Mr. Urlan and Ilia Aailalsnl Amnrr Ibis Mcnilnf-V Public Intcsllga-t!tn Intcsllga-t!tn Kill bg Hid Mlnrdiy. The serious chargea main against Assistant Ulililct Attorney Htephena, by Judge llrattleind Altornrya Itellly and Kane, hare created considerable stir, more particularly In legal circles. Mr. Var'au and his assistant express the utmost Indignation at what they term the monstrous, reckless and unfounded un-founded nllegatlins let furtli In the document filed with the clerk of the Tlrlrd District court at noon yesterday, and M lost no tlmu In demanding a pulllo investigation, which will tako placo next Hatutday before Chief Jubilee Zsne. When the Third District court opened this morning the unusually large attendance of members ut the bar and others lalnly Indicated that aomelhlng out of the ordinary run was exfcteJ; and these exjiectatlons were realised. The facea of Prosecuting Attorney Vatlau and Mr.rMepheni, hla anliUnt, wore an abuortually earn-tet earn-tet look, and no sooner had thai hlvf luillc seated himself on the bench than tha latter gentleman advanced lowatds the table occupied ly counsel and asld, with lume drllberatlou and atrong emphasis! "Attorney Itlley - rved m Kith a ropy of a document filed In this court yesttrdsy, esklng for a rule to show causo why I ahould not make answer to It, and atatlni; that this mornloK h would apply fir the rule. I may slate lo the cuuit that I am ready to answer now, and I want au Immedlato Investigation as to the matters alligeJ. Thero are false and acurrllous charge hire agalmlMr.Yar lau and intrelf. aid no one knowathat Iheynreeu tlter than tho attorneaa to the suit. 1 will read the tivcumeut If your Honor has not alrtady read It Mr.BttphcuBthcuirocroJrU t run oil the entire statement, o brief con-UeriMtlon con-UeriMtlon of which appeared In ytiter-day's ytiter-day's NrWS. The aaslaUnt Ultlrlil attorney had got partially thrsugh aud wasjustaboutto make si pualng ex-llanatlou, ex-llanatlou, when Attorney Itlley lumped up and protested pro-tested agalnat coulsoI making comments com-ments at that atsirr. Mr. Htephena riuuceted Mr. Itlley to wait until ho had finished, and Judge Zaue also desired him lo rcaumo his Leat. MI,vt Mr. Htephena proiied," I a said, "and you will be heard lu due time." Down went Mr. Illley and Mr. Htephena got In what he wanted to say when intertill ted. It waa tills: The deputy clerk slates that, of his owu motlonhea-ked Mr.Varlan lo tako the papeie. Mr.Varlan, aa he (Ihodetuty) remembers, being In the clerk's tfllcu at lha time, though Mr. Varlan does not remeiuWr gcltlug the patera at all; but If lie did, II was un the deputy clerk's suggestion, becauso tho attorneys attor-neys were bothering him so about them. He therefore wanted tu get them out of his hands Into those of the district attorney. Hut this document filed by the atlorce) estates that Mr. Varlan "procured them under a pretense." pre-tense." Tha complaint asking fur tho tula alleges that the petlllouor, Alex Wood, Is ihaplalntllllit u suit ngalntt the lllue Jay Mining company, A. 1'. (lrovea and Jackson llolton, now pending pend-ing lu the Third district, wherslu he Is asking for the reclaslooof a sale of mining properly aud the cancellation nfndretl from l.ouls 11. Totte to the Ulna Jay tomrany, vxcouluj on the 2.1rd Uut of July. 18'Jl. but which dato had been changed to Ine.'llst day of the same month, Milch cause la set for hearing before Judge Anderson on or about the 16th day of tho present month and the deed In question will he a material matter of evldonco on behalf be-half of the plaintiff, further, that during the months of January and February last the defendants Groves and llolton were bound over tu appear torero lha grand Jury upon the chargea of conspiracy aud obtaining money under false priteuais, respectively, respective-ly, both of which arose tn connection villi tha aulject matter of the present suit, and that during the lonslderatlou of tho matter mat-ter by the gtatid Jury the deeds together to-gether with other tape re were procured ly Charles H. Varlan, lha illalrlil attorney at-torney for the use of that body, on or about tho Bill day of 1'ebruary, but the obtaining of the deed for such purpose the plalntlll alleges was a mere pretense, pre-tense, and that It wss never rreaentid to the graud Jury lu their Investigations. Investiga-tions. The plalntlO" further avers that ho believes that Assistant Attorney F. II. Stephens had charge of the prosecution of the partita above earned and ftrsurh purjjose had possession of tho deed and pnpera In question, and while auch ex. nmlnatlou uas lu progress hu held friqueut and prolonged consultations with the defeudsnt aud permitted witnesses to apwar before the graud Jury lu their behalf, without having been subpu'uacd, and that tho said assistant attorney Is wilfully and negligently neg-ligently suppressing said deed to It cannot be ueed In evidence nt the approaching ap-proaching trial, Ily reason of all which, he asked that a rule tie inado requiring re-quiring Mr. Hterhens to show cause why he does net return to tho clerk all the lepers relating to the prosecution mentioned, and nartlcutfcrlv tha deed. aud ilitaso of default that ho be punished pun-ished for contempt. Mr. Httpheus, having concluded the reudlug of tha charges against the prosecuting pro-secuting attorneys, read his nuswer, filed this morning. The suUlanou of this was that he had no lufurmatlou whatever aa to tha whereabouts of the deed menllonod In the petition or a plication of Wood that lie Ina niver stonlt to his know. Kdge, aud as to whether thudeod was delivered to District Attorney C, H. Varlan affiant has no kuowle-lge ex. celt the statement of the clurk or the c-.tirt and Mr, Varlan; th.it Mr. Varlan dots not rt member everhavlng procured it, and Ihu ilrrk of the court had Inforniid aniantlhat, If Ihedred nas dvllvired loMr, Varlau, It was not at thu latter's nqucst. Thu charge In the petlth n that atllaut waa In possession ol the deid and other aprra during tha sitting sit-ting of the graudjury, or at any other time, and that he waslu frequent and prolonged lousullatlons Hltit ltolton, v as wholly false. AClant nevir had .Bifiiaaai any conversalUm whatever with ltolton ltol-ton with n feremo to the prosevullnu tonlsmpletcd, eicept that either Jlo. Ion or his uttoraey afllanl did not re-rnemter re-rnemter which nqucsted Ihu ptlvllege of going before the graud Jury In his own heha'f, which rtqueit waa communicated byafllanttu the gland Jury, as was common when such requests wire made. Afllant further declares that be lermlttid no witness lo appeAr before the grand Jury wllhout being subu'iisrd, unlisaltvrasdone by the grant Jury alter comiuunlcitloii to them oi the nqucst of tho defendants; that nqueats Ironi drfeiiJants to be allowed lu go before the i.rnJ Jury wero frequont, and thatalllant In this case, as lu others, Informed the grand Jury what the statute trnvldts upon this question. Allloi.t f.ittlier ansa he ha in Interest lu the illun Jay Mining Min-ing Company, or nny rroorollu.f collateral col-lateral thireto; that hu has no friendship friend-ship for any (ersou on either ehJeof the controversy, nud that hu haa dona and sutlercd nothing lo ho dono lu II o pte-rnlies pte-rnlies except that which was dlnJctly Iuaccord4ncowlth tlialineof his duty as a public official. Hu alleges, on oath, that he is neither wlllull) nor nigllgeully, nor at all, suppressing sal I deed so that It caunot be procured to bo used In evidence In lnhalf of Wood, and that ir afllant has auy knowledge, orovcrhsd nny knowledge, as to thu existence or whereabouts of tha deed or other papers, he would gladly and willingly communicate It lo the ej pll-cant pll-cant (Wood), or his attorneys. Mr. Htephens added There arc cbargis there, your Honor (referring tolhulleattle.ltlley-lvaneaccusatlor,s), which are very serious. This Court lias a right ta have confidence lulls ontcerr, ami Ihlslsa matter which I think ought to I o fully liivestlgbtnl. Mr. Varlan--Von have another auswer yet tu read. Mr. ritcphens Vts, I will now rind It. Tim atslitanl district attorcey then recited answer Xo. 2., the substance of which Is subjoined! Charles a. Varlan, auswirlng the complaint ami alii Javit of Alexander Wood, so far as the tiunu reflects sjtioti affiant and his alleged action In the premises, denlis thai on the 8lh of February, 1692, oral nny other lime, the died ineiitlonid was delivered by Ihe clerk cf this court, or by any other ptrton, to him, for use by afllant and his assUlaut before Ihe graud Jury. He denies that the deed Inqutetlon was procured at any time, by afllant, from the ilerk or other peiaon as "a pretense" or otherwise. He deutea thst he "pretends that said died cannot can-not bo found In and nbouthlscfficv," aud also each and every other allegation made concerning him. Ho avers that he has uo knowledge or inlbrmatlon concerning the deed, that he uuer riadlt, tnor, lu hli knowledge, ever saw it; that If tt ever aa lu ills iosees-slou iosees-slou or office he hois no knowledge of tho fait. Wlienfjro affiant raya "that a hearing he had and the ; roofs taken In the premises." Mr. Htephena thin said that the clerk of the court had Inforrnid him that tsterday morning hu told Attorney Attor-ney itlley liefore thn affidavit vras filed-Just what therlluallon war. He (Mr. Httpheus) had alnujy assured Ihe ciinplalului: artles that he knew nothing whatever of thtre papers, and he saw no reason or excuse for the filing fil-ing of audi a document and Its publication In the newspapers. Ills puhllo acta here were au orn wok, and he was willing to have Uut Investigated all or any one of them. He had not talked with any of tho witnesses in this cose; though he sometime did converse Willi wltnusis before they went Into the grand Jury room. He supposed it was his duty lo do so; but on this articular articu-lar occasion he waa officially tugaged In thu district court; hu had uover talked with any of (hoae wltnceaia with no one besides Mr. Itlley aud his firm, lufsct, ha had no Interest lu Ihorualttrlnnny way. Mr. Varlan 1 suggest that you rest now and havu the caso set for Investigation. Investi-gation. Judge Itsattlediilrcd to lay. at tho outset, In Uhall of hi; clients, his colleagues col-leagues and himself, that none of them hd the least fault to find with Mr. Varlan lu councillor! with the loan of these painrs. lleyond, possibly, that he had too much confidence lu his assistant, they had no fault to find Willi him. Ha ot.rc.-cd with Mr. Htephena that lha chargis mtde against him were serious, and that there outht to be a luailugintutheui, aud he saw no reason why this cause should take any coureo dltlcrent from other causea of tho kind. Having laard the answer lutt ffiid and read by Mr. Htrpluns, ho would now, consistsut with tbef rsctlcuof Ibecourtlusuch casts, ask leavu to lllu Interrogatories for Mr. Htcphius to answer specifically. "Thise, I think, laid Judge Heattlo lu conclusion," If Iheydo not rcaoh hla comcleucc, will llrkle his memory a llttltl" J ml to Ksue at unco ol.Jectol to allow al-low tho till r. 14 of Interrogatories, and said that what waa dona must be dono fairly aud lu open court. Mr. Htephena The hearing cannot lie fixed too sou for me, your lluuor. Mr. Varlan suggested that thocvl-dencu thocvl-dencu of vIIucbsis should be taken 111 Ihe usual ay. That woul J be the be at nlau tu adopt In tho Interest of every body counected with this matter, Judge Xane The cbarku laqutln a setlouaone, tut I du not seo that It shows the lapersutrelu Mr. Btcj hens' hands. Mr. Btepheci Not at all, Jour Honor. Judge Seattle Wo charge upgn Information In-formation and bslhf. Tneio papers wiru with him for uio be lure the grand Jur, and utcitsarlly they wetartof the evident before thai body, 1 thluk there Is uo qutstlon that we can show they wcrulublspoitcstlQiiat Ihu tlmu Ihe grand Jury was luvi'stl.atlng the caie. At least that Is our Icfurmalluu. Judge Zaiit Well, I will hear this matter Inuiiencouit. Mr. Varlnn Tint la exactly what we would like. I Mr. HttheoB There Is a into In I which 1 am counsel set down for trial thta inornlug. I nm willing lo waive I that It this tuitti r cau be tailed on at once, If the ,eutliineu on tho otlur sldouru ready to go on. Judgu llenltlu snld ho had uo Idta that Mr. Hlephrni' anawir would be filed this morning. Ho nnd hla col-league col-league could not ho undy until tomorrow to-morrow morning. Judge Zane If tho raitlur Is Inves-tlgateil Inves-tlgateil hire It will te ttonu Into fully. II the charges are proved, of comae the persou iharged would talte the consequences. If they are col proved, louutel should be curulul huw they nuke charges. lint tho raie beset down for 10 o'llock on Halurday morulup. And S3 tho trouble ended for tho present, the iron directly "sccu'ed" helug, next to Mr. Varlnn, rpparently the most lusisrlurbablo among the whole (arty, jBjgNfiHiKja |
