The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-11-04
THE STAR ROUTES.
Argument of Counsel on the Criminal In.
formation Procedure.

formation Procedure.
WASHINGTON, Nov. 3.-Argument on the
motion to set aside the criminal information
taking the place of an indictmenD in the star
route cases was begun this morning before
Judge Cox in the Supreme Court OF the Dis
trlct, holding criminal term.
The Government was represented by the Dis
trict Attorney, Mr.. Corkhill, and by Messrs,
Brewster of Philadelphia, Bliss of New York,
and Cook of Washington, and the defence by
Messrs Totem, Wilson, Shellabarger, Robert
q. Iugersoll Sypher, ex-Representative from
Louisiana, and M. Jefferson Chandler OF st.
Louis.
M. Wilson. He recited the steps already tax
en- in the case, and said there could be no au-
thority found in any statute flor filing crimi-
nal information. He challenged counsel on
the other side to point to any such statnte. II
it could be fled at all it could only be filed be-
cause of its being authorized by the common
law that had come down from English ances-
tors The proposition to ignore the Grand
Jury in a case so important as this must have
been great surprise to the court, as it certain
ly was, and continued to be to the entire pro-
fession outside the circle OF learned attorneys
on the part of the Go vernment. 1t had always
been regarded as an extraordinary remedy IN
England, and so extraordinary that the court
always Except in the case of that monument
of wrong and oppression, the Court of Star
Chamber) regardedlandltre i4with disfavor.
While it had been a recognized lnstrumentaii-
ty it had been known as the representative OF
arbitrary, irresponsible power, weapon OF Of
fence in the hands of a monarch against the
ueople when the will of the monarch was
everything and the rights OF the people moth
ing. 1t had been odious in the land of its ORR
gin For eighty years OF national life in this
country there had not been single instance OF
an attempt to resort to that proceeding in the
prosecution of great crime. There had never
been in this country prosecution by informa-
ton, except in the case of minor offences, such
as violation of the revenue laws, where that
mode of proceeding has been expressly author
ICED by statute. he cited the case Of Taplor
against Thompson, 5 Peters, as showing that
MARYLAND from which the District of Column
bia inherited its common law the right to
proceed by information if It every existed IL, in
Grand Jury was the only recognized au-
thorty for the prosecution of parties for crime,
but if this proceeding should prevail Grand
Juries might as we'll be dispensed with in flu
ture; but if the prosecution relied on the COM
mon law then they must be bound by its rules.
If they would live by the sword they might
perish by the sword. At common law the At
torney General, representing the Crown, might
file an information in the court of Kings
Bench at his own discretion and on his own re-
spoDsibility.
| Wilson continued his argument at great
length and criticized and ridiculed the varions
counts in the information denying that the
prosecution had shown any offense which had
reason presented in support of the motion to
| auash was constitutional. Under the constitu-
| ton no person could be held to answer for any
capital or other infamous crime except upon
presentment or Indictment of the grand jury.
He argued that the crime here charged was IN
| famous and therefore could not be prosecuted
BY information. He quoted q number of
| authorities in support of his proposition
Mr.. Bliss, of the Government counsel, ad-
dressed the Court after Mr.. Wilson finished.
It appeared, he said, that the defence had
| other objections to the information, and that
l there were other propositions to be made
! against it. He thought it but fair that before
l the prosecution should be called upon to an
swer all the propositions OF the defence should
| be stated. .
| Mr.. Cook also commended that Mr.. Ingersoll
/ should present the case of Brown, his client,
l before the prosecution should be obliged to go
Mr.. Ingersoll-I suppose that after we shall
| have heard from ore Of the learned gentlemen
| on the other side it may be in order for me TO
| say few words in regard to Mr.. Brown, but
| am free now to contract that ii either of you
l gentlemen successfully answer the argument
that has been made will say nothing about
| Brown. Laughter)
| Mr.. Bliss said he wished to be perfectly fair
| about the matter 1t might happen that some
| of the points he was to answer would be pre-
sented by Mr.. IDgersoll, which Will necessitate
| his (Bliss) again addressing the Court. He
thought, therefore, it would be best for Mr.. In
gersoll to precede him.
Mr.. Ingersoll-I may say for the enlight-
| eminent of Mr.. Bliss that shall insist that the
facts set forth in this information in regard to
| Mr. Brown, even if all are admitted to be
| true, do not constitute any offence. Secondly,
| L shall insist that the facts set forth in each
| and every count are contradictory, absurd and
| impossible. Qaughter) 1t is impossible that
| any such acts should be done IN such way
| That is my general statement, that there is
| nothing in this information charging Mr..
| Brown with any indictable offence. Whether
| an information needs facts is another
| question. I shall insist that it is i'm
| possible that Mr.. Brown ever con-
| spired with Brady to influence Brady or
l that Brady ever conspired with Brown to get
Brown to influence him. Naughter2 l shall
| to give a contract to McDonough and that
| thereupon McDonough never conspired with
| Brady and Brown to have the contract de-
| clared null and void. / shall insist that Nc
| and that he never went to the extent OF
| hiring Brown to help him. Iaughter.)
| shall also insist that it is not within the
bounds of probability that any man ever paid
$1,000 or $4,000 to get that other to conspire
with another man as well as himself to defraud
himself. Now think I have given general
| view of the course [ shall pursue SO far as
Mr.. Brown is concerned.
L shall also insist that the affidavit of Mr.
James to the effect that certain contracts are
on file in his Office does not tend to show that
Brown went to New York with an illegal OBJ
| ject. shall also insist that when Mr. James
states in his affidavit that he has had CONVERSE
ton with certain persons that those persons
shall be brought into court. l shall insist
when he speaks of contracts that those con-
tracts shall be brought into court
shall insist the same in regard to the affi-
davit of Woodward and finally shall insist
(and here Mr.. Ingersoll dropped his bantering
tone and spoke seriously, emphasizing his re.
rt until hlnuc n "a hand the tablet
that in this country or any country where
Saxon blood gives evidence of liberty and
manhood grand jury stands between cltl-
cen and his calumniator, no matter If that CAL
umniator is an officer of the Cabinet or the
President of the United States.
This sentiment was loudly applauded. Mr..
Ingersoll proceeded: / shall also insist before
get through with the case OF Brown that the
grand jury is placed between the citizen and
his reputation to provide for precisely case
like this. i shall insist that when high offic-
ial of the nation states that though he has not
yet convicted my client he has branded him
shall insist that the grand jury stand between
that official land the citizen and prevent him
from using that brand. shailinsis that this m
formation has been found improperly, illegal
ly and contrary to the spirit of American lib
erty. Now have given you, it may be, gen.
eral view of the course L intend to pursue.
daughter, which was increased by the serious
manner in which Mr.. Cook inquired OF lnger-
soil for authorities upon which he relied.)
After some sarcastic remarks between coun-
sci it was finally agreed that Bliss should open
for the government tomorrow morning and
that he should be followed by Ingersoll, but
that if the latter advanced any proposition to
which Bliss might desire to reply he would De
permitted to do so.
The court then at 2.45 adjourned uAtll TO-
morrow at 10 o'clock.
GTTTTEATJ