The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-11-06
General Domestic and Foreign News.
The Star Route C,,ses.


WASHINGTON, November 5.-In the star
route cases to-day Mr.. Ingersol proceeded
with the argument which he commenced
yesterday, taking up the second count
of the information, which charges
conspiracy between Brady, French,
McDonough. and Brown. He showed the
absolute absurdity of the allegation Tint
these men had conspired to have contracts
awarded, as it was finally, to Walsh. He
knew ofno law to prevent conspiracy
against himself, as MoDonough, the origi-
nal contractor on.route 40, l0l, is represent
ed to have done. The result of the CON
spiracy was to take the Contract
from McDonough and to give il 10
Walsh. Passing to the third count which
charges Brown aud Baily with deliberation
and consultation Improperly and corruptly
to have the service increased and expedited
tothe amount of S7,445, he asked who was
TO Judge OF the necessity Of the change. The
law gave the right to judge of il to the
postmaster general, and if the
court tGu co, was the the judge, of it
accurately alleged. Facts, mot conclu.
slons, should be stated. How could II be
shown that any act charged was done in
furtherance Of the conspiracy unless the
whole scheme was divulgcd." consequently
all facts should be set forth in the informa.
tion. After dissecting the information he
he took up the law on the question of n
probable cause. He said that no man can
be taken from his home roof, by
the constitution, simply because malice and
ignorance united, and honest ignorance does
lhe swearing. The gentleman who spoke
yesterday said he, (reierring to Bliss said
that this thing could be done in the south.
ern district of New York. Ifthat is true
the judge. who allows il ought not to be
permitted to sit on the bench which
he disgraces by his presence His
ermine should be taken from him because
he robs the citizen Of his liberty without
any just cause, without an oath or anirma-
tion. If the judge does, it is Infamous.
But true or not it does not change the law.
Strange ideas they have of justice in New
York. (Laughter). A man can be arrested
and imprisoned without any oiiense
or anybody, in the world swear
ing that he had violated any
law. He can be imprisoned on
guess of the district attorney. have no
doubt that this information was the child
OF New York practice, suggested by the
gentleman who is in the habit ofpractieinp
IN courts where menAre deprived of their
liberty by their accusers resorting to that
formality. 1t may be that an oath in the
state of New York is not so regarded
that 1t is only a matter Of form
and that is practice in New York. laugh
teri After eulogizing the grand Jury he
said that here. in the District of Columbia,
above all other places, should the grand
and time-honored institutions of The Grand
jury be maintained and be allowed to stand
between the humble citizen and the man
who can hold office. Said he my client
is arrested on official ignorance He
explained that by saving that
the postmaster-genoral had sworn
to the information on what others had told
him. In closing he said; when my cEent
iisrheld up to the public scorn and indignity
It's about time that if there are any doubts
they should be resolved in his favor. but
instead OF that, not satisfied with
harm already done, not satisfied
when they We're afraid to present the case
knowing what mean'-when they were
afraid to present il to the grand jury. They
come to this court, having awaited them |
selves, for the expiration of the statute of
limitation, nearly having then, by affidayid |
illegal and void, accomplished the arrest |
and maligning of this man. They now saw |
fyou have any doubt, resolve that doubt |
resolve the doubt against the defendant |
say that If the court has doubt MS to wheth- |
er this is or is not an infamous crime. Stop. |
If the court has doubts as to whether these |
ailidavits amountto probable cause, stop.
No court can go ON till final Judgment. n
judgment that takes from man his liberty |
or his property, without being as clear as
daylight as to his jurisdiction and power.
Absolute knowledge that you have inrisdc.
ton makes you clear in your high
Office and so | say not only, but the law
says It, IF you have the slightest doubt,
stop
AT the conclusion of Ingersol's argument
the court took recess. After the recess
jeff Chandler, of counsel for Brady, ad-
dressed the court. He wished, he said, to
call attention TO two or three principles
which he thought controlled the case com
pletely. The case stood now where IL was
left with the discretion of the court
10. dispose of it. If their inter.
probation of the law Is correct there
was nothing to send to the grand iury.
The acts alleged did not constitute anv
crime under the statutes The type of ir-
risprudence which this court administered
was different in many respects from the
,ype which preceded. A common, low
rhine did not have to be clearly defined.
To show the distinction between common
md statutory law respecting crimes, he
'ead from Wharton's Criminal Law
hat the origin Of common law was In the
discretion of the administrator of It, who
lehned us his judgment, determined what
md was not q resident statuary jursdic-
ion, which the court was administering.
Il could rot be invokedto aid the uncer-
ainties Of the statute. II the acts could
lot be construed into an ofiense, conditioned
~ this statute, then the court would not !
n course wrong itself with the matter. Mr..
Chandler quoted extensively TO sustain the
principle which he had advanced to show
hat n, court could not give equitable or
liberal construction to penal statute. He
In strong terms the attempts
which had been made by the government
g blast the reputation Of the accused before