Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-07

route case were resumed, District Attorney Cork
hlil asked to make a personal explanation, and
spoke as follows:
May it please the Court should not on this oc-
cason interrupt the present discussion and ask the
indulgence OF the court and of counsel for the pur
character, were It not that 1eel 1t a duty owe
myself, and that no occasion has presented
heretofore and may not again SO appropriate
have never found it, necessary ts answer any
criticism upon NY official conduct, for have
rested secure In the undisturbed confidence that
no man, however high his Official position, or
however humble may be his station In life, could
point to single Official act OF mine that merits
censure, or can truthfully say that / have ever
failed or neglected to perform faithfully and con-
scentously to the best OF my ability, any official
duty, and take this occasion to say that the pub
lie business connected with the Office hold has
not within the last ten years been in as good a
condtlon as it > to-day; that during the two
agree upon conviction In any important cas-, and
no guilty person has escaped the punishment for
am largely indebted for this success to the ability
and falthfulness OF the gentlemen associated with
me In the discharge OF my official duties, and who
need not say to your honor that when a great
criminal case attracts the attention OF the coun-
Try, when the action OF every one connected with
IL Is known Dy the entire reading public of the
United St1tes when every fact is daily published,
not as an item for the professional reader but as
matter OF news OF interest to the general public,
1t Is only necessary to light spark OF suspicion,
and malignant ignorance and sometimes honest
doubt soon fan 1t into flme OF real distruSt.
Your honor may have noticed, as am certain the
gentlemen connected with the case have, that /
have been time and again publicly charged with a
now iOr the first time presented to the court and
that In addition have been relax, neglectful
and; and inatt sn to my duty in reference to
out notice, leaving my vindicatOn, If any were
necessary, to the court, whose officer am, and
the people OF the District, whom represent But
On last Saturday l noticed in the EVENING STAR
what purports to be an authentic account of
meeting OF the Cabinet called by the President to
President Garfield, The Attorney General, MIR.
MacVeagh, is represented as saying that he took
f dlerent view OF his duty from that expressed by
slider himself bound to take any part in the
trial OF Guteau or to procure additional counsel for
COrkhill had suggested desire for the employ
ment OF Mr. VIM. A. Cook as additional counsel,
ana ne had said he had nothing to do with it, and
COL COrkhll could do as he pleased in the matter"
For the purpose Of what desire to say it is en-
t1rely immateriM whether Mr.. MacVe1gh ever
all over the country and will this morning be read
In almost every city, village and hamlet in the
United states, and 1t will be taken as true and this
alleged statement OF the Attorney General will be
regarded as accurate concerning my relation to
these cases.
In view of these facts, 1 take this occasion. In
the presence or your honor and OF Col Cook, the
COUNSEL Tor the government, publicly to state that
On the list day of June, 1881, now over five months
that certain Investigations were in progress i'm
The Post Office department concerning certain
alleged frauds in what was known as the 'star
route contracts" and that those persons engaged
IN the Investigation desired the employment OF Col
VIM. A Cook to assist them, and that he thought it
proper to notify me OF Col Cooks appointment
Ject, in which told him the employment OF Col
COOK was satisfactory and agreeable to me- but
CATION that my position be thoroughly and plainly
DEFINED; that was ready and willing to perform
any service desired, but that the delay in the
appointment OF a marshal had placed on me all
the business could attend to at once; that Col
Cook was unquestOnably competent to have full
ana exclusive charge OF these cases.
To this the Attorney General not only assented
but told me 1t was the view of the case he had al
ready taken, and that no officer situated as was
tnen could give the necessary time demanded by
TINS investigation To put myself upon the record,
so that there could be no question in the future,
asked him 10 allow me to make my statement in
writing, which did, and my letter was published
at the time but seems just now to be overlooked.
In that letter asked the appointment of special
counsel who should have the management and
control OF these and prepare any indictments
that might be found.
Col Cook, who had been engaged in the exam
ination before, was formally appointed; he has
never regarded himself as my assistant as is ordi-
narily the case in such employments, but claims
ana properly, under the circumStanceS-tO be q
special assistant attorney OF the United States
charged with these special prosecutions and he so
appears officially in the Information now before the
court Such being the facts, have not been. nor
was 1t understood l should be, consulted concern
Ing the prosecution, and consequently know
nothing OF them except what is known to the
public. have heard no evidence-have seen no
Witness.nor has any attorney consulted me con-
corning them.
Col. Cooks consultations have been with the At
tOrney General, whose assistant he properly claims
to be. i think Col. Cook will eOrrObOrate me in
this statement. from which It will be seen could
not In the remotest manner know anything OF
these cases, or be in the slightest degree RESPONSE
Bile for them In any way whatever.
Another point following Immediately upon this
Is the allegation that the present proceeding by
Information now before the court was made neceS-
sary by the adjournment by me Of the grand jury
from the 18th OF September to the Sd of October,
and have been charged by the press and the
public as responsible for the adoption of this
method. This case, 1t seems involves frauds COM
mitted on route from Prescott to Santa Fe, New
Mexico In which it Is said the statute of limitations
would bar the prosecution on October !, or within
ten days OF the time the grand jury adjourned.
Your honor will recOllect that ON the 18th day,
think of July last the counsel that are here To-
day for the defence came into court with the re-
markable motion to compel the government to pre-
sent their case to the grand jury On that occasion
stated that knew nothing OF these cases. and that
the government, and then and there as your honor
will recollect Col Cook stated that it was his in
tentiOn, after the summer vacation was over and
the immediate pressure Of local business was dis
posed OF, to present some cases to the grand Jury
This was all knew and only knew 1t in common
with your honor as the public. 1t was then my in
tention, as the court knows to adjourn the grand
jury TO the first Monday OF October, your honor
having been In the habit of returning from your
SuiLuuCi SdCdlou DtlWtcu The SUUn Oh september
and the 1st OF October.
The assault upon the President of the United
StiteS had, however, occurred, and while at the
time his physicians had strong hopes of his re-
cOvery, there was still serious doubts as to the final
result. Your honor will recollect had q conSuta-
ton with you upon the subject and under the grave
You decided that you would return
On Monday, September II, and that the grand Jury
could be adjourned till then, unless in the mean
time the President should die, and If deemed ne |
ceSSary, you would return at any time and recall
the grand jury and have the case OF the assassin
presented, and that II this did not occur the grand
jury might be reSpited until October from the
opening of court on the 18th. Whereupon the
grand jury were adjourned until the 18th of Sen
tember.
Your honor returned at that time. We were
called together and remained in session until the
18th OF September, doing no business whatever.
small pension case, and were respited, in accord
ance with the previous understandings for two
weeks. At that time l did not know that there
was any immediate intention to present any case
to the grand jury. had the best Of reason to
suppose there was not
On the OF September, few days before the
meeting OF the grand jury, called upon Attorney
General MacVeagh and informed him that would
have no business for the grand jury when it reas-
sembled, and II there was any OF these star route
cases ready the grand jury could be used for three
weeks, and II not, intended to adjourn them till
the first Monday In October. He informed me that