Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-03
STAR ROUTE CASES.
Argument ON the Motion to Quash the
Information.

Information.
In anticipation of a grand sparring scene be-
tween the counsel representing the government
and the defendants In the star route cases, the
Criminal Court room, at an early hour this morn
ing, was crowded with spectators. At 10 o'clock
Messrs. Shellabarger, Wilson, TOtten and IngerSO
representing the Defense and Messrs. Cook, Bliss,
Brewster and COrkhill, representing the govern
ment, came into court Just previously to their
arrival couple OF young men came in with satchels
filed with books, and after they were all seated
young Camp, the librarian of the Bar Association
and his assistant made frequent journeys from the
library to the court room with innumerable vol
umes containing the laws which are to settle one
way or the other the question before the cOurt-a
motion to quaSh the Information which was filed
some weeks ago by the attorneys representing the
government for the purpose OF saving the statute
of limitations.
Mr.. Wilson remarked briefly that the informa-
tion had been filed and bench warrants ordered; ;
they had made motion to rescind the order by
viii ch the paper had been permitted to be fled in
support ling the afidavitS of three OF the defen-
dants-Messrs Brady, French and Tanner. He
said that there could be no authority found for
filing this paper and challenged the counsel to
produce it.
He said it would be needless for him to recount
the outrages that were perpetrated by these means
1t was odiouS in the land of its origin: that the
formation OF the government under which we live
was grand; it was that the people should be pro-
tected in the rights OF property and person; that
no mans right of liberty should be subject to arb-
trary power; that that was the life and soul of our
power; one mans poweris only mentioned here as
an offence, and the shadow of such proceeding
should not be cast over any one He said that this
implement OF crime should not be found in this
new order OF things; that 1t was proper only
where that form of proceeding was expressly au-
t thorized by statute.
This District was ceded to the United States in
1901, and by act OF Congress the laws and usages
OF Maryland prior to that date We're made the laws
of the District, except what was provided by Con-
case has been found in which prosecution by IN
formation was attempted except in minor offences
In the Police Court, which is done by express
statute.
In this jurisdiction where we are summoned to
appear proceeding such as we are now called
upon to answer has been wholly unknown for more
than century and half, and he challenged his
learned friends on the other side to show him that
any such proceeding had been had in this Jurisdic-
the courts attention to TaylOe VS.. Thompson, 5
Peters, case having reference to property, show
Ing where IRE the right to proceed by information ex.
was long since abandoned. That IL eighty years
was sufficient to fix the tenure and right OF prop
erty, one hundred and fifty years ought to be some
thing In the way OF securing man in his rights of
liberty.
He said the wit Of man could not devise scheme
more In conSOnance with the rights of society and
the rights OF a citizen. He then read from an
opinion Of Justice Fields in Second Sawyer, in
the grand jury would not be dispensed with for
this arbitrary power. He said that the crime of
ean In ts hs this
grand jury can be dispensed with. II you say the
district attorney can ignore the grand jury and
by information In the great number OF cases which
to the III attention Of this court then the occu
said that nobody would pretend that such
fourth article of the Constitution made that i'm
possible which section he read. He said that since
that time no Attorney General no district attorney,
no special district attorney, no combination of law
yers, no anybody can, on his or their own discre-
tion or responsibility, present to this any other
be accompanying it an oath or affirmation that
must show probable cause; and as to what probable
cause was, he would shortly show He said tn ere
was one feature of the common law that has never
had, and while the Constitution stands, can have
1oot-hold in the jurisdiction of this country.
such an oppression that in 1893, in the 4th of VIII
liam and Mary, an act was passed to prevent ma
and he then read the 9th section OF that act.
He said that the defendant must prove his entire
innocence OF everything imputed to him, and the
prosecution must produce to the court such legal
evidence Of the offense having been committed by
the defendant as would warrant the grand jury in
finding a true bill against the defendant, other
wise the prosecution would be left to his ordinary
remedy by action or Indictment Then he read
from I'd Gallison section 365. In that case an in,
s ,hat ,ssta Indictment, because party 4ad had
in 20 and go his fns Was
without oath "That," he said s:is an instructive
case to those who argue this case in the news
papers. saw it stated very gravely in a news
paper coming from New York, a few days ago, ut
was one OF those paragraphs that was rasping UP
my friend, the district attorney of this COURT, in
ssting that there must be some great dereliction
OF duty in this court, because in certain other
case, which will not mention, somebody has been
dictment, unless there was some evidence brought
before the grand jury, and absolutely they have got
to complaining Of this court and OF this juriSdic-
tiOn and its officers because indictments are not
found by grand juries without testimony. That
Judge Story of course in his day did not know half
as much as newspaper editor knows in this day
about laW he he could % not know he lived long
United States against Maxwell, Sd OF Dillon, where
the defendant violated the law stating that
the court would hear great deal OF that case be-
affidavit OF the Postmaster General he referred
to s.ta those sso,ap employed by the Department. Of
against the defendants, and when asked what
they were looking for, they responded that they
nfoed that there Was nS saa dasy
within % thousand miles of the evidence they had
Postmaster General james was to be treated as
Sg the grand n IL inquest I OF one NO" said he, Your
nOhor Is 10 DE the grand inquest. These dOcu-
mentS are to be brought before your honor for
your examination. That is the law" He then
| spoke OF the Information by which the govern
ment men We're trying to proceed against
! his clients as the baldest hearsay; that
1t might do to find newspaper Indictment upon,
| OF which there have been several, or it might do
for political movement, but it would not do for
Tombs court Judge Smell would not allow that in
his court. Having cited several authorities he re-
! ferred to case in the 18th Of BlatchfOrd, 4s6,
where man by the name of Coleman, on one OF
the days set for the registration OF voters in New
York, unlawfully used certificate OF citizenship
OF the superior court Of the city Of New York show
ing him to be citizen, he knowing the certificate
| to have been unlawfully issued or made. He said
that .'the man who drew that affidavit was not as
prolific In adJectives and adverbsaS the gentlemen
who drew this remarkable paper which we are
now considering, for consider that the gentlemen
| who drew this paper are the champion adverb and
adjective singers in this country" but he alleged
| that this thing was unlawfuly DONE
After the noon recess OF the court Mr..
Wilson was proceeding with his argument, when
Col Bliss said: "If it please the court, we desire
not to be estopped II we do not now take exception
to what we suppose to be matters of law. That is
If gentlemen on the other side are doing anything
In the nature OF demurrer to this Information in
| form or fact 1t alleges, they must demur upon
the record and admit these facts. do not desire
to stop these gentlemen, but simply wish to no