The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-11-05

| w ALUMINIUM, November 9.-AIHulutilt
oil motion TO set aside the criminal infor-
nation in the star-route cases was resumed
this morning. Gerge Bliss, special coun-
gel, addressed the Court OH behalf Of the
Government. lie gave as a reason why
the Information was fled was that the grand
jury had been adjourned until October Sd,
and what were regarded as some OF the
most important and effective overt acts had
taken place on the LIST Of October, and IL
WAS likely, therefore, that unless the pro-
ceedings were begun in the same form the
] plea OF statute Of limitation would have
been set up by the defendants. Mr.. Bliss
argued at length against the motion to
quash the indictment.
| Mr.. Bliss in opening admitted that the
action OF the Government in placing the
/ information before the court was unusual,
| but not without precedent, and said il
was the only direct way by which the Gov
eTnmsnt could place the facts properly be-
/ fore Jury. lie sustained his argument
by reading 3 number Of authorities, which
ne subsequently fled in the shape Of
/ brief. The main point made under these
authorities was that any person or persons
guilty Of any crime arising under the rove
nue. laws Of the United States, or mourning
any fine or forfeiture by breaches OF
said laws, may he prosecuted, tried,
and punished: provided the indictment or
information be found at any time within
five years after committing the offence,
any law OF provision to the contrary not
withstanding. Some further authorities
were cited by Mr.. Bliss with reference to
the question Of conspiracy, he maintaining
that in this case conspiracy could be proven
and quite properly sustained. Referring
60 the position taken by the counsel for the
defence yesterday, that Brady could not as
an executive officer be proceeded against
by Indictment, much less by information,
Mr.. Bliss said II seemed extraordinary To
him that these gentlemen should say, " We
are not liable TO grand jury inquest. We
are liable only 10 impeachment, and beng
ont Of Office now, impeachment amounts to
nothing" Any officer Of the Government
could then. after the most corrupt practices,
ONLY resign. lie referred to the Belknap case
A. 10 the impractcability Of the impeach-
ment Dlan. Referring 20 the Tweed case,
he said il was not alleged in the indictment
against him that Gny OF the money ever
went into his pocket. Still the counsel
came here and Saughcd because they did
not allege in the Information that any OF
the money went into General Brady's
pocket. lie then made severe arraign-
mcnt Of General Brady, who he said,
heinz entrusted with discretion by the
Government, did not exercise that discre-
ton for the good OF the people OF the Gov
eminent, but was using il for the good OF
few by squeezing this man oat and put
ting that man in, and squeezing this con-
tractor or that to pay a contribution. Per-
hans. he ursed, before the defence finish
his case they will seek to avail themselves
OF the principle which they laid down yes
terday, that members OF Congress, too,
are exempt from such prosecution or eX-
emption.
MIR. Bliss was followed by Robert G. In
gersoll, Of counsel for the defence, VINO
/ first called attention to the question OF the
probable cause. Ailidayits and intorma-
/ tion. he said. were all evidence-all proba-
/ bic cause In the case. He desired 10 show
/ how much itamomted tOas evidence. This
/ information. he said, appears to have been
presented i'm this court not by the Attorney
/ General, and he would say here the Attor-
ney-Goneral had no standing in this court.
I Tie Government was represented here by
the District Attorney. This informs
I ton was filed by the District At
torncv in partnership with certain
other gentlemen. and he doubted whether
/ the District Attorney had any right to
divide his responsibilities. He read from
/ the first count Of the information the sec
| ton alleging that Brady, TLncr, French,
McDonoueh, Brown, and others corruptly
conspircd to defraud the Government by
procuring unnecessary compensation, and
to be paid for carrying the mails on GER
tain routes, &c. The first objection he
made was to the word unnecessary"
II was for the POst-Oflicc Depart
/ ment to say what was unnecessary. 1t
Wa not for the District Attorney 10 decide
that question. The pleader must set forth
accurately facts, and not only charge that
Il was unlawful and cXtrayagant, but must
also show why it was unlawful and eX-
/ trsysgsnt. Hero the United States carry
the mails simply as a means Of profit.
| VIII il now be said that it was eX-
traysgant TO csrry the mail TO some
cottage in the Sicrrss simply because there
were not letters enough in the bag TO
paV expenses? Was that TO be the stand
ard for measuring what was extravaganza?
I He then called attention to what he termed
| the inconsistencies OF the Information, but
the court adjourned before Mr.. Ingersoll
had concluded. lie will finish bis argu-
ment tomorrow.