New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-06
THE STAR ROUTE CASES.
,pn,rvpyr ON THE PROCEDURE.


WASHINGTON, Nov. 5.-The argument III .no
etar Route eases was resumed this morning before
Cox in the District Circuit Court. kobeu w. =, 80
counsel for the defendant Brown, Proceeue" 80
argument Taking up the second count Oh '"o -
ton which charges conspiracy Us 0S'"., ,nd the
Tprner French NcDonough and Brown De nii'" .,
absurlity of an allegation that these i'o" -, ., M
- re-, t,a contract awarded to Walsh. JIG kht" " Nv
law 70 preveut man conspiring against Ai"' , -
Donouch 1.-THE original contractor On ro.'. ,rorv
resented TO have done. Ihe result Vi nv 80 at-, ~
- 90 ,ota the contract from McDOuough ana 10 SNV !.
we W ~ -, 90, ,,ot the slightest allegation that
-, ,, orators had done anything for OF against
walsh. -, -. t,rovrp ond
rraav with deliberation and consultation lmpropeiS
and corruptly to have the service expedited ana III
reosed 70 the amount Of ga 45o he asked VINO was 10
,ude o the necessity of the change. The law gave the
it IN ud,e of TO the POstmasteTteneral ana ii the
Court was to Judge of it, the facts should pe coiy ~
accurately alleged. Flcts-not c0nclusl"h7-so'uu "
stated How could Il be shown that any ac' oh'i -"
was done in furtherance OF conspiracy ui''o '
whole scheme dvulgedi Consequently al 'n1 -
,,d no sot forth IN the information. He nsiseu a'
the information must set out the Wh"ie So'o" A.
conspiracy: otherwise it wouid be imposS'oie w u
Court 10 say whether the act done by one oi 'n -"
oonsnra tors was an act In furherance OF Tue c"SP'
W, ,soone,tv 70 determine whether the other con-
,,atrs were bound by that act-bocause II 1t was an
act not calculated further the conspiracy the o'
coDspiraors were not bound The INFORMATION Simply
alleged subtle devices but the devices were hot se'
ont They might have been too subtle 10 DC "ii''In
ont He asked whether the Allegations were suuoon'g
certain and contained statements of fact which wouu
support a conviction. He denied that they were ooo
of the acts done by Mr. Brady in his o'hcai cai'o'!
were absolutely lawful in Themselves ana "l'l MS
discrstion The unlawful acts done by him must there
tore no set ont or the information must IAN
Proceeding 70 criticse the afdavits on when inc HI
formation WAS based he Eaid that they "erV
mere hearsay aud were not such eNi"eH'o "
could go before a Grand jury or feIl' jury IS
General James honest enough 10 staVe' I'D NJ
affidavit that he knew nothing about the facts IN the
cose and that he spoke simply from information ana oe
Nef Was that a compliance with the fourth article OF
The amendments TO the Constitution OF was 'a' "i
Gle mere shadow, which could be avoided Dy sworn
Ignorance For that what it amounted TO- lhorha
lion and belief was "A compliance with the Coistltu
ton The man who sought IL take from announcer MS
liberty TO drag him from his home rooted by that Con
situtonal amendment, must have something more th"n
Information and belief There must he some iact sworn
10 by some reputable person In this case ignorance
aud malice had united and honest ignorance H' uo'e
the swearing. llauGhter.I
STAR CHAMBER PROCEEDINGS.
This Government had in existence for ct least
two generations before the word "informauon" had
ever been used respect OF anything except revenue
cases or cases arising in admiralty or in the slave rde
There had been a distinction made, because crimes
AGAINST the revenue were not natural crimes but ar
fetal crimes He referred to statement made YESTERDAY
by Mr. Bliss that in the Southern District o. W-lorA
infornations were filed without any Oath 70 sup
,n,f them If that we're he UngersolD would state
that the judge who allowed it nond no, De bonS
be torn from his shoulders The judge VloatG ne
indSe did anch thing or did not change the law
Strange IDEAS of psYiGe they mgs statement haEs mt
We're true If man could be be- arrested Fc aS(
guilt offence IL man could be lmprs9!ned on 'nr
unsworp guess OF a DlstTctAttorney or MS deputy or
Of the dpqi eic H NE tbe ehd Of the NewYork
practice and suggested by gentleman VINO was IN
priye of their liberty without the accuser resorng to
the forHay OF 9 can OF tte FegSred that it is un
terstoOd be matter of form Ahd yer thal vas
NewYors II was that practice which had brought pro-
ceedings by information into universal horror ana con-
That was the practice court Of the star Chamber
bnt n aid mass sentences of imprisonment II Du men
in the pilory branded them cut OF their Ds tooK
fences were multiplied until it cost his property,
his reputation simply for having made 'Isb4[Ss, i
province of that court and the reason why ~ became so
odons was that information filed without odth ana
without affirmation They did exactly then as they do
now in the Southern District OF New-lOrk.
ronTt There was not lawyer in the world who did not
know IL; lawyer who did not know that the ptac
tce of filing infOrmatOns without oath was the cuDl
the hands OF the TudOrs which struck doWnhe h9trnes
OF o Great fba srta was nsed by the uars until finally
blood Of king readened sesGd vas En sSoabsd IN
the year 16i1-the brthyear, almost oil Ehghsh Hull
hood and liberty.
AN ORIGINAL ARGUMENT
Referring again TO Mr. Bliss argument he quoted the
following paragraph: But the Court should regard
the question rs doubtful that is, the question whether
the offence infamous mott, the safer and fairer way
is to allow the case to proceed"
I hazard (he said) the declaration that that is an
original remark aughterl by prosecutor in criminal
proceeding do not believe that can be found In the
renort Of any speech or in any brief The Court told
that if any doubt about its jurisdiction me saer
WSyi Because all the rights Of the accused will he
protected and those of the Government saved There
X no law on the subject which does not when the
Court has any doubt to its Jurisdiction, stop when
court has any doubt as TO or the g e dnd nn man
To barbarsm u VIII be the law. IA WHISPER:
southern District OF Yew-York: aughterl The Grand
Jury stands wall between the citizens and cominGn
neighb0rs goes 10 the District Attorney ana
tells him what he knows, and then the District
Attorney can introduce him Grand Jury there he
tells his story, and II the Grand Jury fal 10 DeLeNe
OF woman is made white with shame and grief, no chill
dren hang their heads because their father has been
mahciously assailed No Que knows OF IT, Bnt II I'VE, we
leave the Grand Jury out and allow men 20 come mo
Court when the information IS ned IL becomes dL1f
reputation be substantially destroyed by the malice
The question is will the Court abandon the practice Of
100 years, will TO all persons wishing to ndct
the Grand jury" That is the question state that the
law that this Court has no jurisdiction OF this
state that even If the Court has
Jurisdiction, there must be probable cause. state
that that probable cause must he the a1daVlt OF
some VINO knows and states the facts state that
the practice OF allowing TO be arrested without oath
or affirmation is simply Infamous and that any Judge OF
the United States who does ought 10 be npeachedand
in Il Is done the Southern District OF New YORK II IL
disgrace To that district And another thing tha INSIST
moon is that the indictment itself must be reasonable
aud not contradictory, and that the peader must set
forth the facts. go, IN, -
THE Court here at the conclusion of Mr. Ingersos ar
eument took recess for half an hour.
THE DEFENCE Mr.. BRADY.