The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-11-18
STAR ROUTE CASES DIS
MISSED.

STAR ROUTE CASES Dis
MISSED.
The Government Downed the
First Round.
AND PROBABLY KNOCKED OUT OF TIME.
WASHINGTON, November 10.-In the GRIM
inal court this morning, Judge Cox rendered
decision in the Star Route cases, discus
sing principally the question Is to the infa-
my of the crime charged. The conclusion
he arrived 1t was, that the crime was lnfa-
NOUS, and the accused should have been pro-
ceeded against by Indictment. he therefore
sustained the motion expelling the informs
ton from the files Of the court, and ordered
the discharge Of the defendants.
Judge Cox said: We have nothing to do
with the popular sense Of the term "infa-
NOUS" but only with the technical sense as
determined by decisions Of courts. No
person should be held to answer for capital
or otherwise infamous crime, except on pre-
sentation or indictment by the Grand Jury.
Section 1049, Revised Statutes Of the Dis
trict Of Columbia, declares the police court
should have original and exclusive jurisdic-
ton over all offenses against the United
States, committed In the district, not deem
ed capital or otherwise infamous crimes;
that Is to say all simple assaults and batter
L 4 xsrxn lad yofv h hla
by imprisonment In the Penitentiary. These
two enactmsnts embraced all offences against
the United States that could be committed
in this district, and grouped them in two
classes those which were capital or other
wise infamous, and those not capital or 9TH
| erwise infamous. The offense charged In
/ this information must be In one category or
the other; 1t must be infamous or not infa-
nous. II the former, the Constitution re-
quired 1t to be tried on presentation or in
dictment to the Grand Jury. II the latter,
the police court had complete cognizance of
1t, and 1t could only be tried In criminal
court on appeal.
| Judge Cox cited authorities, and said 1t
seemed the effort Of legislation was to CLASH
| fy offenses like that charged here amid infa-
nous crimes and thereby secure defendants
from prosecution except upon indictment.
| II that were such, of course Information
tcould never have been rightly filed. Leave
ought to have been refused, and the order
granting leave must necessarily be rescinded.
II information could have been filed at all
1t would be proper for the court to examine
oaths to see whether the probable cause was
shown and whether 1t was In such q form
as would Justify the issuing Of warrants. 1t
was not necessary he should determine any.
thing with regard to the sufficiency Of the
oath In the present case. The information
had been assailed on various grounds af.
fecting Its merits. It had been claimed II
did not set forth an indictable offense be.
cause the acts alleged might have been done
in the discretion Of the defendants, or ii
least one Of them, and that the only proceed
ing was by impeachment. 1t had also beer
claimed conspiracy must be to do some act
made criminal by statute.
Again, the Information was contradictory
and the crime alleged impossible, but any
discussion on these points by him,he though
would be gratuitous, and he said nothing re
mains for me but to grant the motion made
by the defendants and to order their dis
charge.
Few in Washington were surprised 1t the
7 decision Of Judge Cox, who grants the mo
ton TO strike Off the information against thu
Star route conspirators and discharge the de
PENDANTS. The courtroom wascrowded, th'
audience being very largely composed o
, friends OF the accused. As soon Is thu
, Judges decision was made William K. Cook
, assistant to the Attorney General, read !
statement which he had evidently preparat
, | in anticipation OF the result. He denied th'
statement Of District Attorney Corkhill
, that the Attorney General has been consult
, ed by him in regard to the adjournment o
the Grand Jury, and claimed that informa
: ton had only been resorted to after th
Government had been prevented from ask
| | Ing Indictment until after statute Of limita
ton could have begun to operate. On tn
) part Of the prosecution he pronounced tn
, accused would not long be able to exult
They would be brought before the Gram
Jury, and before the petit jury, and the
: would have all the opportunity they aPpar
emily desired TO defend themselves upol
. proceedings against which no technical oh
4 lection could be raised.
He said the assassination OF the Presiden
. occurred on the morning Of the second
9 July. On the Wednesday previous, at tn
Presidents request, he had Q conversation .
the White House In regard to the Star Rout
| cases, and, after . full explanation, th
!. President expressed himself fully Statistic
with what had been done, but urged that th
cases be pushed . rapidly - possible.
has been his (Cook's) intention TO complet
: the necessary preparations and present th
cases to the Grand Jury on Its meeting 1
September.
!. After adjournment Of the Court the q
!. cused were congratulated by their friends.
: At the Postoffice Department the effect Q
|, Judge Coxs decision 10 much discussed
!. High officials asset that the effect Is misun
derstood, that the Government Is debarre
from proceeding BY indictment in Washing
; ton. But the Postofice authorities den
: this. Public opinion Is almost unanimou
that the failure Of the Government Is final .
) regards Brady.
NEW YORK, November l1.-Attorney Ger
= eral Macveagh came on from Philadelphi
!, last night to see the President, and returne
! as soon IS the interview, which was pr,
9 tracted one, was over. The talk lie that th
3 foresight Of the President In insisting tbs
: Macveagh shall not retire from the Cabine
J, until there was . finality Of these pnosecu
q tions has been abundantly vindicated.
.I WASHINGTON, November 1.-The de
: cision Of First Auditor Reynolds and Fin