Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-11
The Star Route Cases.
PROCEEDINGS II THE CRIMINAL. COURT TO-DA
TWO NOTIONS OF COUNSEL FOR DEFENSE.

PROCEED1N0e II THE CRIMINAL COURT TO-DAY
TWO NOTIONS OF COUNSEL FOR DEFENSE.
This morning, on the convening of the Criminal
Court (Judge Cox, the Hon. Jere Wilson, Col.
R. G. Ingersoll, Mr.. JEFF Chandler, Col. Enoch
Totten and others Of counsel for T. j. Brady, J.
L. French, w. H. Turner and S. p Brown, ap-
peared in court.
Col. Totten said: eff your honor please. in the
| case Of the United States against Brady and
others, we have to submit this morning. for the
purpose Of fling, motion to rescind the order
made some days ago authorizing the informa-
| tion in this case to be filed. We have also
another motion, asking your honor to make an
order upon the District attorney to bring the
records and files relating to this particular route
that are now in the Post Office department to
some place where we can see them and have an
opportunity to examine them. We have made
| three applications to the Postmaster General to
give us permission to look at these papers and
documents and we have been refused. We have
also an affidavit to 60 with these motions Ihave
| note from Col. Cook saying that he is other
wise engaged.
IN, The Court have similar note.
COL TOtten.-In view of that fact hope that
we may be able to set day this morning when
we can nave a hearing on these motions. Of
course those gentlemen want some time I'm
which to read our motions and prepare to resist
them.
The Court.-You can see Col Cook and ar
range with him. He told me that he would not
be able to appear in court and argue the motion
until the beginning of next week, as his asso-
clates are counsel residing in another city and
Will require some little time to give them notice
and secure their presence here
Col. TOtten.-May | ask your honor as to your
convenience in this matter? Can your honor
hear these motions at any time we may agree
upon?
The Court will be ready to hear YOU at any
time that will be convenient to counsel.
Coi. Ingersoll.-I would like to have this
motion set for hearing during the present
week; either Thursday or Friday next-this is
Iuesday-as wish to go away, to be absent
about two weeks. want to leave the city on
Thursday night, if can; but if not Thursday
night, must be able to leave on Friday night.
For that reason, it would be great convenience
| to me If this motion could be argued this week.
me COur.-YOu can perhaps effect an ar
| rangement with counsel representing the gov
ernment, under which these motions can be ar
gued on Thursday
Col. Ingersol-K we cannot. would like
your honor to set day.
The Court.-We cannot do that without con-
sultlng counsel for the government.
Col. Ingerson-We will endeavor to confer
with them.
The Court.-An arrangement you may make
Will be acceptable to ME.
THE MOTION IN RELATION To THE INFORMATION
| Is as follows: And now comes the said defend
ants Except the defendant George L. McDon-
Ough) and move the court to rescind the order
made September 80 1881 on the motion of Geo.
B. Corkhill, district attorney, and VIM A. Cook,
sPeclal assistant, whereby the information in the
% ao9ve enti1led cause was permitted to be filed.
and to strike said information from the files of
TINS court, for following causes, to wit: l. No
notice of the applicant for leave to file said in
| formation was given to either of said defend
ants, and no opportunity to resist such applica-
| tion was afforded the defendants. or either of
them. 2. This court is without Jurisdiction TO
take cognlZance of the matters and things set
forth and alleged in and by said information. 3.
Ihe matters and things charged as an offense in
SAID information appear, by the face there
OF, 10 nave been done about three wears be-
fore the application for leave to file was
made, and no excuse for or explana-
tlOn OF such delay was given, or attempted.
f. me af1ldavits annexed to said information
anu IN support thereof are insufficient s. Said
proceeding by information is not authorized by
law and is contrary to the practice of this court
O. The said information does not nor does any
count thereof charge any Offence as to the said de-
PENDANTS against any law of the United States
T. me matters and things alleged in said infor-
were impossible Of execution by the defendants.
or any of them 8. Because the said
information is not filed by any officer of the
law authorized to bring forward and file the same
Because at the time ofthe alleged acts there
was, ,andfor long time prior thereto continuously
had been in force regulation of the said Post
once department, in the words following. to
wit: 'The Postmaster General NAV order an in
crease or extentiOn Of service of route by allow
ing therefor pro rata increase on the contract
pay he may change schedules of defendants
and arrivals in all cases and particularly to make
them conform to connections with railroads
without increase of pay, provided the running
time be not abridged. He may also order an in
crease ofspeed, allowing either the restrictions
OF the law pro rata increase of pay for the ad-
ditional stock or carriers, if any" which regula-
tiOn was made long before the said Brady be-
came Second Assistant Postmaster General and
continued in force without change until july l
lo79 and prior to the time the said Brady be-
came second assistant and the rule had been
adopted in said department to require of the
contractor statement under oath, setting forth
the add1tlOnal stock and carriers required to
perform the service on the increase of speed
ana 10 make the calculation for the increase OF
pay on account of increase of speed un0n the
numbers of trips provided for in the original
contract, or OF the number of trips per week re-
qulred to be performed after such increase of
trips; that pursuant to said regulation and rule
OF tue department the said McDOnough made
oatn 10 the additional stock and carriers required
to perform the service as expedited as set
fOrth IN said information. and the calculation
was made to fix the rate of his compensation in
strict accordance with the rule aforesaid; that
ing regulation was adopted, viz: "When it
becomes necessary to increase the speed on
any route. the contractors will be required
to state under oath the number of horses and
WenTcqulreQ 70 perform the service according to
contract schedule, and the number required to
perform it with the proposed increase of speed, /"
which said regulations continued in force until
the said Brady ceased to be second assistant and
so far as they are advised is still in force: and
the said rule Of computation or calculation here
in before set forth continued in operation and
was the practice OF said department up to the
time said Brady ceased to be second assist ant.
and pursuant to last quoted regulation, the
said Walsh made oath to the number of horses
and men required to perform the service according
to contract schedule and the number required to
perform it with the proposed increase Of speed
and the calculation referred to and set forth in
said Information having relation to the expedi-
ton under the contract of said Walsh was made
in strict conformity to the said rule and to the
long established and settled construction of the
law in that behalf, which rule and construction
had prevailed in said department long before the
said Brady became Second Assistant Postmaster
General; and before any increase or expedition
Of service was made with reference to said route
40. 1O1 and charged In the several counts of said
information, the same had been petitioned for
and urged upon the department by officers of
the United States; the changing their duties in
said Territories of Arizona and New Mexico by
governors and ex-governors Of said Territories.
by merchants. bankers and other business men