Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-11

WASHINGTON, Nov. 10.-In the crimina
court this forenoon Judge Cox rendered +
decision in the star route cases, discussing
principally the question as to the infamy o.
the crime charged. The conclusion arrived al
was, that the crime was Infamous, and the ac
cused should have been proceeded against by
Indictment. He, therefore, sustained the mo-
ton, expelling the information from the files
of the court, and ordered the discharge oil the
defendants.
COOK EXPLAINS.
After the rendering of Judge Cox'S decision,
Cook said it was just and proper he should
make statement which had been delayed un-
til this time, with reference to the fact that
the cases against Thos. j. Brady and Others
had not been presented to the grand jury.
His honor's decision had been rendered, but it
was due to the public, to himself, as special
attorney of the United States, to his colleagues
and associates, and to the superior officers of
the government, to state openly and more ex-
plicitly than had been done, why the more
common course had not been pursued, and
why the information had been filed.
The assassination of the president occurred
on the 2i of July. On the Wednesday pre-
vious, at the presidents request, he had con-
versation at the white house in regard to the
star route cases. After full explanation the
president expressed himself fully satisfied
with what had been done, but urged that the
cases be pushed as rapidly as possible. 1t had
then been his (Cook's) intention to complete
the necessary preparations and present the
cases to the grand jury on its meeting in Sep
tember On the Saturday following the ma
ton and civilized world were shocked by the
announcement that James A. Garfield had
been assassinated. All labor, as a
consequence, had been suspended.
Weeks of intense excitement followed. The
present president, Arthur, attorney general,
postmaster general in brief all the cabinet,
had been overcome with grief almost para.
lyzed. Sorrow had been III all hearts. The na-
ton and world had wept, feared, hoped, pray
ed, implored. Those engaged in investigation
of the records of the postofice and procure
ment of witnesses had been able to do little
effective work. With what proprety under
the circumstances could it have been done by
any one q? 1t had only been when
the president fingered, and the doctors gave
strong hopes of his recovery, that the labor
had been fully resumed. The delay has been
chiefly caused
BY THE AssAssIN's BULLET.
1t had been unavoidable. Resuming activity
in the investigation, Brewster and Bliss had
become connected with the case. Several
consultations had been held at
Eberon, from which he Cook
returned on the 11th of September so as to be
here on the reassembling of the grand jury.
He had been suddenly recalled to Elberon, but
on the 18th fastened back to Washington to
proceed with the cases. On the steps of the
cars he had been surprised with the statement
that the grand jury had adjourned. The at
torney general was then at Elberon and could
not have known it. The adjournment had been
l. tln1, ocsr
as it had been without his (Cook's). Neither
from the district attorney nor from the grand
jury, nor from any one had he Cook any
notice of the proposed recess, directly or indi-
rectly. He could not have anticipated 1t. 1t
had been unusual and extraordinary.
The recess had been for sufficient
length of time to prevent an indictment from
being found in this case on account of the
statute of limitations. An emergency has ex-
listed, and in order to prevent positive failure
of the cases, the prosecution determined to file
the information. Though in some cases an
unusual proceeding, it had been regarded as
authorized and sanctioned by much approved
practice. Nothing else could. have been done.
1t had been said that at the slightest notice
the grand jury could have been reassembled.
It had been adjourned from the 14th of Sep
tember until the Sd of October, only remain
ing in session two days, without any arrange
ment for reassembling. The recess had
been absolute nor bad he at any
time received intimation that the grand
jury could have been reassembled.
He Cook was as, regarded the star route
cases, the immediate legally recognized repre-
sentative of the government and attorney gen.
eral, and in no manner or by no person had he
been consulted as to the recess of the grand
jury. It's movements and intentions if not
concealed from him, were unknown. From
the day of his unsolicited employment by the
United States, on the first of June, to the
present hour he had devoted most of his time
TO the star route cases. The labors on his
part and on the part of his associates were
FAR MORE ARDUoUs
than known to any one. There had been no
indecent delay, and there would be none. Sus-
tanned by the administration and its superior
officers the cases in whatever form they might
appear would be carried on until the guilt or
innocence of the parties should be proved by
jury governed by rules of law which might
be announced by the court.
The court then adjourned. 1t is intimated at
the postofice department by persons promi-
nently connected with the star route iuvestiga-
tion that the government will endeavor to
bring indictments against the pBrties who
were discharged to-day, upon the basis of al
legged similar offenses of later date than these
charged in the information first set aside. It
Is dlsO dfSucu tHdt Tue staC-
ute of Limitation may be avoided,
in case of continuous conspiracy, By making
the evidence relate to the performance of acts
long subsequent to its inception, and even al
lowing for delay of six months in prosecu-
ting, by indictment, the parties in view may
still be brought to trial before the expiration
of three years.
TO BEGIN AGAIN.
Gen. Leman, engaged in the star route
cases, says the decision of Judge Cox to-day
bars only the case against Brown; that the
Others come inside the statute of limitations,
and that the cases against Brady, French and
Others implicated except Brown, will be sub.
mltted to the grand jury at the first oppor-
tunity.
NOBODY SURPRISED.
Few in Washington are surprised at the de-
cision of Judge Cox, who granted the motion
to strike out the information against the stan
route couspirators and discharge the defend
ants. The court room was crowded, the audi.
ence being very largely composed of friends OF
the accused.
A Challenge.
New YORK, Nov. 10.-E. S. Stokes author
;1ae Tho Turf ETcId and En,.,u To say fo