Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-07
THE STAR ROUTE CASES.
ARGUMENT OF MIR. W. A. COOK.


his DEFENCE CT THE COURSE CT THE
PROSECUTION.
At about quarter of ten O'Clock this morning
Mr.. w. A. Cook, accompanied by four or five young
men with their arms filled with law books, made
his appearance in the Criminal Court room. The
usual crowd was early in attendance. The jurors
having taken their places, the crer announced
that the witnesses in the ready for trial
discharged until Thursday morning next at ten
O'clock.
Counsel on both sides came into court-Messrs-
Brewster, Cook and COrkhill for the government;
Messrs. Totten and Wilson for the defendants Mr..
JEFF. Chandler, OF Gen. Bradys counsel, has gone to
ST Louis, but will return. He looks like Edison, the
inventor. Mr.. Brewster, the governments counsel,
wears big breastpin, rings on four fingers, and a
buckskin vest. Five Of the counsel engaged in the
trial are extremely bald headed.
MR.. COOK IN OPENING INvoKEs THE GREAT FIRST
CAUSE.
Mr.. Cook said: II your honor please, it was MIL
ton, the great English poet, who, when entering
upon the task set before him. saw fit to invoke the
help Of the Great First Cause and to offer up the
prayer that whatever was imperfect in him might
be restrained and corrected; whatever low, "lft
up and illumine." / have no hes1tancy whatever
in standing before your honor in the very COM
mencement Of the discussion which is proposed
and invoking the aid Of the Great First Cause the
creator OF the body, the organizer OF the heart the
creator of the brain; and I trust that may be
preserved from anything whatever that is i'm
proper in the progress of the discussion.
Thirty-four years ago, in western Pennsylvania,
took the oath of Office, registered and recorded in
Heaven, and it was concluded with the impressive
words, $50 help me God!" 1t was the same year
that your honor, in the District OF Columbia, en-
tered into the temple of justice, and with similar
oath. So that, whatever / may do is done under
the obligations of that oath; and 1 have been ac-
customed all through my life to say 1--WE all have
our frailtteS, we are all unwiSe, and the grace
Which redeemS us must come from the skies"
owe duty to the United States to-day, which
duty shall be fully and faithfully performed;
owe duty to your honor, which duty shall be con-
scentiously and, to the extent OF my ability, fully
performed; owe a duty to the defendants in this
case, which requires me to treat them fairly and
justly.
sCURRnITY, RIBALDRY AND vITUPERATIoN.
1t might be supposed that l would avail myself
of this opportunity to reply to the scurrlity,
ribaldry and vituperat1on which at least chief
defendant has, through hired scribblers and
through the press, thought fit to bestow upon the
Attorney General, upon the Postmaster General
and upon my associates and those associated with
me- 1t cannot be done; this is not the proper
place to do 1t. In the presence OF your honor, as
other qualities should invariably possess those OF
gentleman, and this latter consideration will re-
strain me from any improper replies that might
otherwise be justified in reference to personal
saults upon the Attorney General, the Postmaster
General, upon myself or any party associated
with me.
He said that Sydney Smith said there is no bet
ter way to arrive at the truth than to reduce the
discussion OF the question to the smallest possible
circle, and then render that circle as luminous
as possible. Said he, ''tO follow this true and
correct rule shall be to great extent my purpose; ;
and in doing SO it may become important to refer
to a
FEW FACTS CONNECTED WITH THE CASE"
Said he, con the Both OF September this inforna-
tiOn was filed. 1t was filed exactly as an indict-
ment is filed. The grand jury after their delibera
tions enter into court, present their findings to
your honor, and they are then, with the sanction
records OF the court The District Attorney, in
connection with the special assistant attorney of
the United States, on the 3Oth Of September, came
to the presence of your honor and asked permiS-
sion to file the information which had been pre-
pared, and to which was attached the signatures
OF the District Attorney and the special assistant.
This was only pursuing the practice which had
prevailed in relation to indictments. There was
nothing unusual or extraordinary or startling in
He then referred to the motion that was made on
the 30th Of September, first that the information
should be filed and second that warrant should
defendants to strike from the files the information
and to reScind the order of the court thereon.
Having reached the ninth paragraph OF the mo-
sion Is thiS First should so much OF the order OF
September 30 as allowed the Information to be
filed be rescinded, and the paper be stricken from
the files OF the court There is a second motion,
which was filed, which has not been discussed, and
which required the production OF the papers in the
custody OF the Postmaster General before the Dis
trct Attorney or some other party for the inspec-
tiOn of the defendants. But that motion, apart
from the fact that it has not been discussed would
be manffeStly improper until the question is de-
termined whether or not the information shall be
permitted to remain upon the files OF the court. 1t
very true that the motion for the striking of the
granted, If the order Of the court were rescinded
that all the subsequent acts must be involved and
accompanying orders issued But this would be
because the Information was unauthorized, not
sanctioned by any authority possessed by your
cor Of that mas IS n
ance than correct rules OF practice and strict adj
herence to them; and that questions should be
otherwise perplexities and uncert tafnties prevail
and time is occupied by unexpected and embar-
rassing controversy II it is SD that this is
second, the technicaities, the exact and tabish-
ed rules Of practice, are the landmarks and
assistants which conduct to the substance, merits
and true conclusions OF all judicial
Said he, 81 approach then to
THE ONLY QUESTION PROPERLY BEFORE THE COURT;
and first, apart from its terms what is its nature?
In its nature it is unusual In part, If sufficient
reasons exist for it, it might be granted. The Or
reScinded; that part OF the motion which cOntem-
plates the striking out and removing from the files
OF the court the Information could not be. Courts
will not SO mutiate and ef1ace its record" He
then, referring to the argument Of Col Ingersoll,
said: .sThs proceeding provoked the mirth, called
forth the anecdotes, and produced the dogmatism
OF our Brother IngerSOll. He declared that 1T was
the first time In all the ages of judicial rules and
discussions that so enormous and atrOciOuS prop
OsitiOn had been made.
II your honor please, let me correct the error
and enlighten the darkness OF the learned counsel
not from New York, but from the state of Illinois,
where 1t may be assumed that justice exists In
purer and more elevated forms. He then cited a
portion OF the opinion OF Justice Story, as con-
ta1ned In 1st Gall1Son, page 3. Said he, sTruly,
little learning is dangerous thing. But why was
1t the gentleman saw fit in discussing this QueS-
tion to associate himself with an illinois Justice
OF the peace and Chicago play house, instead OF
placing himself in the company of Story? His an
ecdote could have only had its existence in ILL.,
nois and the play house from which he derived his
second anecdote must have been located in the
same state: 1t could not, from the nature OF the
anecdotes, have been possible that their location
could have been In the city of New York They
Mlgnt nave tranSpired in Indianapolis, in the state
or indiana, or in Wisconsin,, from where nv
learned brothers Wilson and TOtten have emf
grated" 0A
Mr. Wilson.-How about western PENNSYLVANIA
os MI ~ hOooE:Ifennsylyania is represented in this
case Dy rare wisdom and superior ability In the
person OF my learned brother Brewster, as in due
ffvn Vuyr11A