National Republican., 1881-11-04
Aner the ReceaA.
After reccss Mr. Wilson continued hi

After recess Mr.. Wilson continued his
argument rs follows:
If Your Honor please. In addition to what l
have been urging in regard to the sufhciency OF
these nfdavits, the common law says that the pro-
ceedings must be prompt, and there must be no
delay. IT there Is delay some good excuse must
be offered for 1t. According TO one of the counts
In this paper the conspiracy was formed IN lo7-
October, 1877. An overt act is laid as far back as
October l. 1878, and some overt acts are laid prior
to October l. 1873; aud 1t is public history, may 1t
please Your Honor, that rs much as two years ago
Congress most oaborately Investigated this iden-
tlcal matter aud appropriated money to carry out
this very contract which these gentlemen say was
so very corrupt. The facts have been notorious
for more than two years Now what excuse do they
give for coming here after this long delay and
asking Your Honor to allow them to file an infor-
nation for so grave charge as this? You will
remember that In the 3rd OF Dillon, the Maxwell
case the court said that 1t would not allow an in
formation to be filed where the case was grave or
where II was doubtful. 1t would not allow 1t to be
done, but sent II to the grand jury. Now what OK
delay before their comIngY Nome Whatever. The
facts have been open and notorious for more than
| two years. Men have made afldayits aud pub
| lshcd them In newspapers years ago.and repeated
them many months ago; and all these rec
records have not only been there in the Depart
the United States and subjected to the scrutiny OF
q committee.
WHAT EXCUSE DO THEY BRING2
None whatever. True, they ask you to allow
them TO file 1t because three years have about
elapsed, which they say would work bar-thc
bar of the statute of limitations. But that Is no
excuse. II was their fault that this time had
passed, not ours, They cannot take advantage of
their own wrong. And besides this, as Your Honor
knows, long ago as last June, right here in this
court, we asked the court to instruct the grand
Jury to take up these cases and pass upon them
We asked for action, but the gentleman refused to
act. We demanded that there should be an end
OF clamor, aud that the gentlemen should proceed
| In such way as that we might meet these accusa-
| tiOns; but these learned gentlemen resisted and
finally, on the Goth day Of September, made their
| f,Vn nrnn hnr N Thnv
| thus avoided the grand jury. Now, why2 Ifthey
had gone before the grand jury these documents
| have had to have been Produced
| MIR. JAMES SAY so
as to their contents would not have been accepted,
| nor would Mr. James statement of what somebody
| told him have been taken. That somebody would
have had to appear In person. The grand Jury
would have examined and cross examined They
would have looked into the eyes of these wit
| nesses. They would possibly have learned some
thing rs to their characters and credbity. the
records of this court showed that any OF them had
been indicted for grave otiense, or by common
jury might have found 1t out and weighed II as
| they would have had the right TO do. All this
might be avoided, Your Honor will see, by keep
ing away from the grand jury; and 1t was neces:
sary that they shoul Id keep away from tho grand
jury For, may II please Your Honor, II was neces-
sary to suppress the truth in regard TO this matter
| In order ~ get II standing In court. Now this may
| appear harsh, but
IAN WITHIN THE RECORD,
and do not propose to 30 beyond the record IL
this case The common law says that the trull
shall not he suppressed, and we are invited I,
stand by the common law. read little paragraph
from the case of Rex VI. Wroughton % Burr. 1883
1t was II rule to show cause why an information
should not be filed, just such case as we hay'
now before the court Lord Mansfield said h
would not allow the Information TO be filed be
cause the truth had been suppressed, nnd thereby
the case had been misrepresented." Now, that I
Just what has been done In this case
/. There has been gross Misrepresentation ant
| n
il pleas please Your Honor. we are showin
cause-we have shown cnuse-and III doing so "
, the regulations of the Department certain dutle
were imposed upon the Second Assistant Postmas
ter.Genoral, we show TO you that the regula
tiOns which they set out In this information an'
upon which they rely never was made until July
1879, long aiter the matters aycrred against thcs
! defendants had occurred. And we have show
that by the regulations IN force when they oc
, CURED, that they had existed
l LONG BEFORE GENERAL BRADY
had any official relations with the Post Once De
: partment. The very matters IN which complain
is made We're expressly conhded To the Postmaster
? General, and were in no way In the direction {
I, the Second Assistant Postmaster General. Tn
! most important fact was suppressed. The gran
i iury would have learned these facts Again,
have shown that 1t appears by the records that III
! Increases and expeditions complained of were p,
!, titoned for and urged by the officers OF the Go'
ernment of the United States residing in the Terr
tories of Arizona and New Mexico, by officials
those Territories, and by prominent citizens
Nj
0 the welfare OF the citizens OF those localitiC
!, This most important fact as bearing upon u
o motives ofthe accused, was suppressed.
u AGAIN, WE HAVE SHOWN
q that Walsh had been reported to the Dcpartme
y as having failed to perform the service rs requir'
y by his contract, and that General Brady, becau
OF this had suspended his pay for the quarter en-
y ing the 3lst of March, 1881, in order 10 save Il
= Government from paying for services that had n
y been rendered; and we have shown that by re
~ son Of this failure fines and deductions were ma
u amounting to over 5000,
y Mr.. Bliss-May IL please the court-my frie
~ will excuse me-but we desire not TO be estopp
= five do not here take an objection which We su
v pose TO be well founded. As q matter OF law
y understand that If there be anything in the nau
~ of demurrer TO this information In form or fa
~ they must demur upon the record and admit the
~ fnois. We do not desire TO stop the gentlemG
VI but simply make the suggestion so THAT we IN
not be considered as having waived the point.
Mr. Wilson-I wish II distinctly understood
II, far as um concerned, that my friends here ne
at not waive anything.
al The Court-No; that Is understood.
&. Mr.. Wilson-But II Is not in the nature OF
st murrer. 1t is great deal more than that. IL 4
lis question entirely above, and beyond, ana back
a. and surrounding MI that lt Is aquestlon whetl
Id these gentlemen have come here IN such way
T. that they are entitled to the consideration OF
in court and shall be permitted 70 hle this pap
u We are showing cause why they should not De
Sc, lowed 10 file It, My friend from New york slal
nc here aud asks Your Honor TO allow him TO
re this paper, and am here asking that Your hoI