The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-11-11
DISCHARGED.
ThecDefendants in the Star Route
Cases Quash the Information,
Being Accused Of an Infamous crims
r Calling for Indictment.
The Remarks of Judge Cox Upon the
Subject.

SuDJcCt.
star Route Defendants Discharged
Washington, Nov. 10.-In the crimi-
nal court this morning Judge Cox rem
dered his decision in the star route
cases, discussing principally the ques'
tion as to the infamy of the crime
charged. The conclusion arrived at,
was, the crime was infamous and the
accused should have been proceeded
against by indictment. He therefore
sustained the motion and ordered the
diccharge of the defendants.
Judge Cox said, I'VE had nothing to
do with the popular sense term i'm
famous but only with technical sense
as determined by the decisions OF the
courts, enactments and statutes. But
whatever views he entertained must
be controlled by the local legislation of
congress, he felt compelled to avoid
the instictive field Of the speculative
for the narrow task Of interpreting
the laws as provided that no person
person should be held to answer for
capital or otherwise infamous crime
except on presentation or indictment
by a grand jury. Section 1049, re-
vised statutes for the District of Col
umlia declared the police court should
have original and exclusive jurisdic-
tion over all offenses against the
United States committed in the dis
trict, not deemed capital or otherwise
infamous crimes, that is to say, of all
simple assaults and batteries and other
nisdemeanors not punishable by i'm
prisonment in penitentiary. These
two enactments embraced all offenses
against the United States that could
be committed within the district and
grouped them in two classes, those
which were capital and otherwise infa-
nous and those not capital and other
wise infamous. The offenses charged
In this information must be in one cat
egory or another. 1t must be infamous
or not infamous. II the former, the
constitution required it to be tried on
presentment or indictment by grand
jury; If the latter, the police court had
exclusive cognizance Of it, and it could
only be tried in the criminal court
upon an appeal. Judge Cox cited au-
thorities, and said that it seemed the ef-
fort Of the legislation was to classify Of
fenses like that charged here amid in
famous crimes. and thereby secure the
defendants from prosecution except
upon Indictment. II that were SO, Of
course information could never have
been rightly filed. Leave ought to
have been refused and an order grant
ing leave must necessarily be res,inded.
If information could have been fled at
all, it would be proper for the curt ex-
aminer to thus see whether the prob
able cause was shown and whether it
was in such form as would justify is
suing warrants. It was not neces-
sary that he should determine any
thing with regard to the sufiiciency Of
oath in the present case. The infor-
nation has been assailed on various
grounds affecting its merits, and it has
been claimed that It did not set forth
an indictable offense because the acts
alleged might have been done in the
discretion Of the defendants, or at
least one of them, and that the only
proceeding was by impeachment. It
has also been claimed that conspiracy
must be to do some act made criminal
by the statute, and again that the infor-
nation was contradictory, and the crime
alleged impossible, but any discussion
on these points by him. he thought
would be gratuitous, and he said moth
ing remains for me but to grant the
motion made by the defendants and
order their discharge.
Cook Rxplaina.