Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-14
THE STAR ROUTE CASES.
PROCEEDINGS IN COURT TO-DAY.
TIE TRIAL NoT 10 GO ON UNTIL COL.
INGERSoLL RETURNS = TWO
WEEKS HENCE.

| taken up. There was full attendance Of mam-
berS OF the bar and Others interested. of their
| counsel MeSSrS. Shellabarger T. Wilson. r. e. In
! gerSol, JET Chandler and Enoch Totten were
early In their seats with Colonel Cook representing
| the government.
| On the opening OF the court Col Totten said
MAY II please your honor, we served formal no.
on Tuesday laSt,to the effect that this morning We
would call up the motion liied In the case OF the
| United states against Brady and others; and we
| are now ready u argue that motion. Tive question
arises upon the jurisdiction Of the court 30 proceed
| in such matter; and We ask the court 20 strike
| the information from the files and rrscind the
| order allowing the parties leave to file it.
Col Ccok-if your honor please, received a
| notice OF the thing OF a motion to rGScind and
strike rom the record the information filed by the
| government on the evening or octofer llth IhIt
notice is in alternative ternsfiXeS Friday Il is
a aesignsted .i e day. and then going beyond th9t
| by telegrams Immediately put mysel: in comInu-
| hlcauon with nay learned asSociateS-oue 4 resi-
Gent ot New York. the other OF Philadeiphia-and
from them learned that they could not he present
to-day accordingly. on the 18th, sant this notice
TO each of the attorneys on the ether size cNcept-
| ing the attorney for MIR. Brown. whom | had on
| the day previous. by note through the post Office
informed tnat Mr. Brewster and Bliss could not be
The note from Mr. Cook to Mr. Tctten reads as
| follows
II desire to notify you that hy telegram inst re-
ceived Tuesday or Wednesday Cf next week iii suit
Col. Bliss and Mr.. Brewster 20 enter upon the arg
| nment Of the case Of the United states against
! lhoil.ls j. Brady and others. They cannot be in
| attendance on Friday.
"a letter received yesterday from Mr.. Brewster
states that on account of his health ha cannot be-
here before Wednesday. CO.. Bliss Indicates ia
telegram that that day viii SUIT him better than
any Other have had no Opportunity of consult
lug III relation to the mOtioA tcd With either Of
| my aSS0ctateS ] could not have, and therefore
| must suggest that to-day the Unfred St2tPS could
noCbe prepared 10 enter fnly upon the afgnmenJIt
Is, perhaps, proper ia this connect ton that should
referto soTnc chronological facts The Information
was fled September 30. II was live days aitert was
lleu pefof2 Dad was entered 10 wit, on the 5tb OF
| October. The motion OF the defendants was only
filed on the l1th oi ctober: il was hed therefore,
excluding one day, ten days after the information
was filed. The argument was set down, so Iar as
a day was designated, for Friday, and the notice
served upon the evening Of tie llth SO that 1T
| the utmost. three days notice was given. Your
honor will observe from these chronological facts
| that there has been do delay on the part OF the
| United states. IL required five days for the de-
| GeDdantS 10 file bail. After that necessary act
was done, it appeared 10 have required ten days
! prepare their notice 1t is now proposed unon a
brief notice OF three days, that the United St3tes in
a case OF the magnitude that this Is. shall he
pressed into an argument. and that it shall be in
! the absence OF the two associate counsel
MT Cook asked that the case be postponed until
! "Wednesday next. and said: l DO not, at present,
even so much as know what it may be deemed
proper In consultation TO make as a response TO
! this motion. may barely suggest to your honor,
at present. that entertain very decided doubts as
| to whether the motion can be entartained at all;
whether paper placed upon the files OF the
court can be stricken of, or the order resrnded;
whether in an Information, any more than In an
Indictment, ii does not become necessary TO aSsall
it primarily by motion To guash or by demurrer.
!
paper OF last evening that was II argue this mo-
tion this morning. That was the first that knew
OF it.
| The Court-Let me explain how that was II
was mentioned To me yesterday that it would be
state! here to-day that it would be impossible for
| Colonel Cooks associates to be present. AS you
desrel to leave the city this week stated that you
could be heard to-day. and the further hearing in
the case be postponed until such time could be
| agreed upon by counsel.
Col. Ilgersoll.I happened to see It; but did
not know how il was. MI. Cook was kind enough
IA n nOf no hDr
today. regard this case of great deal of iln
portance not simply TO the defendants, but very
important question OF practice is TO be Seftei by
linS case VIZ; "hetiler the expense ana bother or
grand jurieS can be entirely dispensed with, and
whether the district attorney, with such aSsoci-
ates as it may be the pleasure OF the government
to employ, can be used in the place OF these JureS
| This Is an important question, and think worthy
OF full discussion. would Hike to take part in that
discussion, but the court can that 1I wO ud be
hardly proper for me, representing one OF the de-
PENDANTS OILY, to argue the motion this morning.
and then allow days, and it may be weeks, 10
elapse, because the health OF the disting
sistant from Philadelphia is not entirely secure,
and it may be days. and il may be weeks. SO that
it would hardly be fair to my associates for TO
argue the question this morning and leave it.
We have the right. as understand. 10 close the
discussion when it is closed i wish to be present
| and wish TO take part in the cloSing arguments.
will allow no attorney to beat me in granting
| favoTs They may beat me in a thousand other
ways, but not in that way. Col. Cook wishes
| continuance. l am willing he should have il.
| First Tuesday, second Wednesday, will go fur-
| ther: he may have it for two weeks, and in that
time the gentlemen may not only be able TO recover
their health but to lind some law to support their
| action.
have to go away to-day, and viii be back in
exactly two weeks from to-day. 1t would be
could lose nothing by it, if this could be continued
| for two weeks Col. Cook notified me soon as
he ascertained that Mr. Brewster and Bliss could
not be present, and have no complaint to make
| about that. But wish TO take part in the discus
sion OF this question; and, unless the court sees
some good reason for haste, 90 not think that
any harm could come to the interests OF justice
to the United States by allowing this delay of two
provided it can be closed this morning / am viii,
ing to discuss 1t tomorrow, provided ft can be
closed tomorrow. / can stay one more day, al
though parties are waiting for me now. supposed
that when gentlemen asked the court 10 violate
the practice of thousand years, they had all the
pont OF the tongue and Knew si exacty W. Where ere
they stood ] did not dream that they would ask
the court TO do such thing unless they were pre-
pared.
Col COok.-1t is well to bestOw benedctions upon
the just as well as upon the evil That is Godlike
have suggested a reasonable delay, based upon
the necessary absence and temporary affliction
only OF Mr.. Brewster He Is no more liable to
tain permanent physical injury under the opera
tionS OF the laws OF nature than my esteemed
brother who has Just addressed the court, and he
can be here next week But the suggestion which
Will make viii be simply this: That the time; If
it be not fixed for next week. be left open, because
In the operations OF mechanism and the uncertain
travel OF country my esteemed brother might dis
appear I'm some undiscovered "wreckS OF matter
that crush worlds, that he might not be here to
enlghten us upon the law and the uSageS and the
customs OF ancient and modern society. assume
it will be wiser and better to leave the question
open, and then will consult with my brothers. IL
is presumed that the attorneys for the United
States In charge Of this somewhat familiar
with the law. It is probable that they are, and
they may be able to concentrate it in short time,
when they are present, upon their tongue, even In
ducet strains; but two OF my brothers are absent,
and therefore their voices cannot be heard to-day;
that Is impossible.
Col. 1ngerSOl.-Dull-SeG
Col CoOk-Yes, sir, combination OF natural
sounds. Now, beg leave very kindly 10 assure |
my brother that the law has been examined and
studied by us and it might not be improper for |
me to kindly suggest to him that II he has any /
doubt about the correctness OF the law as II is /
foreshadowed in our information, for him to be /
prepared for an Intellectual or legal surprise. do
not know that 1t is necessary for me TO ADD more,
but think probably my brother VIII concur IN tne
suggestion that we leave the time open unCl ne
returns and then f1X 1t for q Few days alCer dis
return.
Col Ingersoll-That suits me; and that Will
give you Still more time to dx up your law:
Col Cook.-YeS, sir; 80 that 1t can be dispensed
In moderate showers
SENATOR SHERMAN Calls FOR THE TREAsURY IN
vEsTIGATIoN REPoRT.-Senator Sherman to-day
knocked the bottom out OF the charge repeated OF
late In several newspapers that the report OF the
investigation into the Treasury custodian's ring
had been suppressed In his interest He offered
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