Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-10
CORY OF Infamous crimes. -

such was the object OF Congress in the act eStab-
lishing our Police Court has impressed itself o,
our court, sitting ia General Term. on two occa-
| sfonS."
Judge Cox then cited the case of United States
| vs. Cross, /. Macarthur, 1i9, and the case OF
| United States Buell., do, 5O2 prosecution for
libel and three OF the judges held the offence t.
therefore, that the effect OF the legislation hav,
| been considering Is to classify the offence herr
charged among the Infamous crimes, and thereby
except on Indictment II that be so, OF course the
Information never could have been rghtfulIy filed
| Leave ought to have been refused, and the order
| giving leave must necessarily be rescinded.n
If an Information could have been filed at all, II
would be proper for the court to examine the oath
accompanying 1T to see whether probable cause Is
shown, and whether it is in such form as to
| justify any officer In issuing warrants for the
it to be not only not necessary, but OF doubtful
propriety, that should determine anything with
reference to the oath in the present case. The
| Information In this case has been assailed on
various grounds affecting its merits It is claimed
That 1t does not set forth an indlctable offence,
| because the acts alleged were within the Official
| discretion of the principal defendant, and the
| only allowable criminal proceeding against him
was an impeachment: and also. because the only
commit must be one which is by statute made
criminal. And, again, 1t is claimed that the infOr-
! possible
How far the Court might inquire into the sufri-
clency OF la an Information on an application for
1t be perfectly apparent to the Court inspection
that no punishable offence is charged it would
| PROBABLY be the duty OF the Court to refuse to
allow warrants for arrest to issue IT, on the other
hand, wrong has been perpetrated according to
| the showing of the information but debatabe
| questions present themselves as to the remedy
| such as have been discussed here, it would In my
Judgment, be proper to reserve them for a demur-
But, In the light OF what has already been said,
any discussion OF these questions by me would be
t Srattitous, lou anu nothng remains Tor me but to
grant The motion made on the part of the defend
| ants and order their discharge.
MR. COOK EXPLAINS WHY AN INFORMATION WAS
FILED AND COMMENTS ON THE ''EXTRAORDINARY
RECESS OF THE GRAND JURY"
Mr.. Cook arose and said: ''It has been deemed
proper that should make statement to the court
In reference to the fact that the against Thos
D. Brady ct al, arising out OF the carrying OF the
anlted ca states mails from Prescott to Sante Fe
was not presented TO the grand jury. Your honor's
decision has been rendered. But it is due to the
public, to me as special attorney of the United
St2teS to my colleagues and associates. and to the
superior officers of the government to state openly
and more fully than has been done why s'the more
common course Was not pursued and why an in
nation OF the President occurred on the morning
OF the the "a OF July On Wednesday night previous,
at his request, had consultation In the White
House, in part in the hearing OF others, in refer
ence to the star route cases After full explana-
fed with what had been done, but urged that the
cases should be pushed on rapidly as possible
1t was then the Intention to complete the neces-
sary preparations and present it to the
grand jury on its meeting in September.
The Saturday following the nation and civilized
world were shocked by the announcement that
James A. Garfield had been cowardly assassinated
IN the Baltimore and Potomac depot All labor
VAS Was as consequence suspended Weeks Of in
Chester A. Arthur. the Attorney General, the
postmaster Generai-in brief, all the Cabinet
row and trembling were in all hearts, The ma
tiOn-the wOrld-Wept, feared, hoped, prayed. The
employees engaged in the Investigation of the re-
cords and files OF the Post Office department and
procurement OF witnesses could do little effective
work: Indeed, with what propriety could 1t, un-
1t was only when the suffering President strangely
fingered, and his physicians gave out strong hopes
OF s 1recover nd that the aboTs Of the case were
which occurred in the preparation of the case
alter the first adjournment OF the grand jury, was
let 1t was inevitable, however justifiable DELAY.
2. Resuming actively the Investigations, with
the increased hopes OF the Presidents recovery,
among other things done after consultation the
Hon Benjamin Harris Brewster and Col George
Bliss became connected with the case. General
consultations were had at Elberon. The Attorney
General had special charge OF the arrangements
Tor the removal OF the President, and he LETT WASH
ington In advance OF Others. He only returned in
the sad procession which brought with it the cold
and still body OF the slowed chief of the nation"
Visiting Elberon several times, at length re-
september, so as to be here on the re-assembIing
OF the grand jury; Twas Immediately recalled to
Elberon: With the least possible delay, on the
18th OF september FASTENED back to Washington
to proceed with the case. Witnesses had previ-
Ousy been notified at different loca a1ities one had
arrived, and others were prepared to come. On
stepping from the cars I was surprised by the
statement itannsn tne gGnd Jay has aoj0nmed" The
hslheS sv nher itr was at 81 Eiosron He could not
out his concurrence or desire.
IL was, too, without mine The fact that was
route cases was note us. The commission was
openly placed on the record OF the court. Neither
from the District Attorney nor from the grand
jury or any member of it, or any one else, had 1
any notice or 1ntmation direct or Indirect OF the
proposed recess. Nor could have anticipated it.
was for a sufficient length of time to prevent an
Indictment being found in the case within three
spiracy. 1t thus placed the plea of the Statute of
limitations In the hands Of the accused. The
question at once arose-shall this case be lost or
Of time? An emergency existed; and to prevent
o9e o9 possible failure OF the case on account
to snnT s am asaRsf While II 1t in soIs
places, and to some extent, an unusual remedy or
proceeding, it was regarded as authorized and
thorty This information was prepare I sn sccorS
ingly with continuous labor and persistent work
sented to us, nothing else could be done no more,
no less. 1t has been said that on the slightest
,n notice the grand jury could have been reassem
september until October 3, only remaining in |
session two days, without any arrangement for
at any time, from any one, even an 1ntimation,
that the grand jury could be reassembled. first
neafu OF IL In this room on Monday last And it !
is certain one OF its chief members was out of
the District of Columbia, perhaps others. The At
torney General and the district attorney it seems
DO not agree as to what passed between them. He
Is not In the habit OF noticing any statements made
In relation to him; to authorize any one to do
so. But 1t Is fndisputable that I, the Immediate
recognized local representative OF the United
States and of the Attorney General, was in no
manner or by no person consulted as to the re- |
cess OF the grand jury. It's movements and I'm
tent1ons, II not concealed from me, were unknown.
From my unsolicited employment by the United
States on the 1st Of June last until the present
have devoted most OF my time and attention to
tine star route cases." except as interrupted by
the shooting and death OF the late President The
!abors On my part and those associated with me |
nave been far more arduOuS than is or could be |
known to any one not connected with us. There
has been no desired or designed delay. There will
be none Sustained by the administrator and It's
superior officers, the cases In whatever 1ofm the
court may approve, will be carried On until the |
question OF the guilt innocence OF suspected and
accused parties shall be determined Dy "a jury OF
the country" governed by the rules OF law enun-
c1lted by the court
The court then adjourned.
MR. COOK SAYS THE CASES "wILL 60 RIGHT ON.n |
Mr. w. A. Cook, being asked If this would end
the star route cases, replied: "No. not by any |
means We have the cases, and will go right on. - |