"That
on the fifteenth day of December, 1890, at No. 8 September
Sessions of the Court of Quarter Sessions of Lawrence county
there was pending and undetermined an indictment against one
William D. Wallace, wherein it was charged:
"1.
That the said William D. Wallace did, on the third day of
July, 1890, unlawfully and corruptly promise and agree to
give to the said John R. Tate and others, electors and
delegates to a nominating convention, convened for the
nomination of a candidate for congress in the twenty-fifth
congressional district, certain gifts or rewards, to wit, a
large sum of money, to wit, $1,200, in consideration that the
said John R. Tate and others, electors and delegates
aforesaid, would give and cast their votes in said convention
for the nomination of Alexander McDowell, as a candidate for
the office of congressman aforesaid; the said Alexander
McDowell being a candidate for said nomination.
"2.
That said William D. Wallace did, on the same day, unlawfully
and corruptly solicit, encourage and request the said John R.
Tate and others to receive and accept said sum of money as a
bribe and pecuniary reward to induce and influence them to
make and join in the nomination of said Alexander McDowell as
a candidate for said office.
"That
on the same fifteenth day of December, 1890, at No. 11
September Session of said court, there was pending and
undetermined an indictment charging:
"1.
That your petitioner, John R. Tate, elector and delegate in
the convention aforesaid, did on the third day of July, 1890,
unlawfully, wickedly and corruptly accept and receive from
said William D. Wallace, and divers other persons unknown,
friends of Alexander McDowell, a candidate as aforesaid, a
certain gift or reward in money, to wit, the sum of $650,
under an agreement and promise that he, the said John R.
Tate, elector and delegate as aforesaid, in said convention
would give his vote for the nomination of said Alexander
McDowell as the candidate aforesaid; and that John R. Tate
did on the same day unlawfully, wickedly and corruptly accept
and receive the promise of said William D. Wallace and other
persons unknown, friends of said Alexander McDowell, that he,
the said John R. Tate should thereafter receive a certain
gift or reward in money, to wit, the sum of $650, if he, the
said John R. Tate, would give his vote in said nominating
convention for the nomination of said Alexander McDowell.
"And
2. That said John R. Tate, afterwards on the same day, in
pursuance of said unlawful, wicked and corrupt agreement and
promise, did give his vote for the nomination of said
Alexander McDowell, and did thereupon unlawfully, wickedly
and corruptly accept and receive from said William D. Wallace
and others unknown, said gift or reward in money, to wit, the
sum of $650.
"And
3. That on the same day said John R. Tate did unlawfully,
wickedly and corruptly offer and agree with the said William
D. Wallace and others unknown, friends of said Alexander
McDowell, to give his vote at said nominating convention to
said Alexander McDowell, in consideration that for his said
vote for said Alexander McDowell, he, the said John R. Tate,
should receive a gift or reward in money, to wit, the sum of
$650.
"And
4. That on the same day, said John R. Tate, a delegate
elected from Beaver county, and acting as a delegate in said
convention, unlawfully, wickedly and corruptly did solicit,
accept and receive from said William D. Wallace and others
unknown, a certain bribe in money, to wit, the sum of $650,
to induce and influence him, the said John R. Tate, to make
and join in the nomination for said office of said Alexander
McDowell.
"And
5. That on the same day, the said John R. Tate, acting as a
delegate in said convention, did unlawfully, wickedly and
corruptly solicit, accept and receive from said William D.
Wallace and others unknown, a certain bribe in money, to wit,
the sum of $650, to induce and influence him, the said John
R. Tate, then and there to make and join in the nomination
for said office of said Alexander McDowell.
"That
on the said December 15, 1890, the said William D. Wallace
being on trial before the honorable A. L. Hazen, president
judge, and his associates and a jury, in the county of
Lawrence aforesaid, upon the indictment first above
mentioned, your petitioner, John R. Tate, was called as a
witness in behalf of the commonwealth against said William D.
Wallace, and being duly sworn was inquired of by the acting
district attorney as follows:
"Q.
State, Mr. Tate, whether you ever heard the defendant in this
case, Mr. Wallace, talk about drawing a check at any time
during the nominating convention held in this city?
"Q.
State whether you ever heard him make any offers or promises
of money to Thomas J. Downing and Edwin Shaffer, in
connection with any other person, in case they would vote for
Major McDowell?
"Q.
Did you have any conversation with William D. Wallace about
how you should vote that day?
"Q.
State whether Mr. Wallace had any packages of envelopes there
that day with money in them.
"Q.
State whether Mr. Wallace offered any money to Thomas J.
Downing and Edwin Shaffer, in connection with any other
parties?
"Q.
Was he soliciting you to vote for Major McDowell at the times
you were in his office?
"Q.
At the times you were in his office, on the last day of the
convention, did he offer you, Downing, or Shaffer, any money
as an inducement in case you would vote for Major McDowell,
and, if so, how much?
"Q.
Didn't you, when you were asked in the grand jury at the
last term of court, whether Mr. Wallace had offered you
$1,200, yourself, Tate, Shaffer and Downing, the last day of
the convention, and didn't you answer that question and
say he had?
"Q.
Mr. Tate, state whether you ever heard Mr. Wallace talk about
drawing a check at any time during the last nominating
convention?
"Q.
State whether you know or heard of Mr. Wallace offering to
anybody any money there in his office that day?
"Q.
State whether or not Mr. Wallace said anything about drawing
a check for any persons, in case they would vote for Major
McDowell, and if so, how much, and to whom?
"Q.
Was he soliciting you to vote for Major McDowell at the times
you were in there in his office?
"Q.
State, Mr. Tate, whether Mr. Wallace, at the time you were in
there on the last day of the convention, offered you,
Downing, or Shaffer, any money in case you would vote for
Major McDowell, and if so, how much, as an inducement to
influence you to vote for Major McDowell?
"Q.
Going back to the time that you and Mr. Downing and Mr.
Shaffer met Mr. Wallace coming up street, state whether you
went into a side street together?
"Q.
You have stated you were in the office of Mr. Wallace the
final day of the convention; was there anything said to you
by Mr. Wallace that day as to your vote for Major McDowell?
"Q.
Did Mr. Wallace say anything to you about voting for Major
McDowell on the third ballot that afternoon?
"Q.
State, Mr. Tate, whether Mr. Wallace offered you, Thomas
Downing, and Edwin Shaffer, $1,200 in case you would vote for
Major McDowell that afternoon on the third ballot?
"Q.
Did he say anything to you about voting for Major McDowell
that afternoon?
"To
which several questions your petitioner declined to make
answer, stating to the court as the reason for his refusal to
answer, that his answers would tend to criminate him, and
that he had been so advised by his counsel. Whereupon, the
president judge required and directed said John R. Tate, your
petitioner, to answer said several questions, stating to him
that his answer could not be used against him in any criminal
proceeding against him. But your petitioner still refusing to
answer, for the same reason above stated, and also under the
advice of his counsel, the court, on December 16, 1890,
adjudged him guilty of contempt and committed him to the
common jail in custody of the sheriff, until such time as he
would purge himself of the contempt.
"Your
petitioner was imprisoned in the common jail in the custody
of the sheriff until December 17, 1890, when he was, by the
direction of the court, brought into court, and being
inquired of by the president judge, whether he still
persisted in his refusal to answer the several questions
aforesaid, answered that he did, for the same reasons before
stated, whereupon he was remanded to said jail. And, in the
afternoon of the same day, being again by the direction of
the court brought into court, he, through his counsel, stated
to the court that he in refusing to answer the questions
asked him on the part of the Commonwealth in the case of
Commonwealth v. William D. Wallace, at No. 8 September
Sessions 1890, and for which refusal he had been
convicted of contempt by said court, had in such refusal no
purpose or intention of contumacy or of interfering with or
preventing the course of justice; on the contrary, he said
that he was indicted in the same court, at No. 11 September
Sessons 1890, for the alleged offence of receiving bribes
offering to accept and receive bribes from William D. Wallace
to give his vote, while a delegate to the same nominating
convention charged in the indictment against Wallace, and...
