National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09

ney, aud he prepares the Indictment No notice
precedts y whatever. II an Information be slini-
the official hands of the district attorney, without
tnc intervention of the grand Jury, why
should there be notice Of It's filing The
analogy, If tn were so, would be
noiaed that i. % has been filed by a
bb,TGpeT b,p proee,S in the court The practice rth oi
nlng intormations, IL Il true, Is not uniform. rue
English practice required no notice, required; N
iact, no leave Of court The leave of court which
ply under the English practice, which Is inherited
by THIS country from our ancestors, ana the
practice OF filing an indictment itself marx OIL
respect TO the court An Indictment, unless re-
ported to Your Honor, could no, be nled. An In.
formation, unless Your Honor should be notified
OF the filing, would be
IRREGULAR AND IMPROPER.
SO II Is in regard to informations. The District
attorney would act unwiscly, aud without proper
professional etiquette, If he filed an Information
without notice to the court, but with that notice
the preliminary act Of filing the information Is the
nct on an authorized officer. .ltwould appear from
the books In California aud esewherc u Is not the
practice TO file upon notice. lt seems that N
nme , OF the districts, as Is stated In Abbott and
tl9n 60 be fled only upon discretion OF the Court,
WHICH Is the better practice that Il most closely
coSsSrneS cSse1 far vs as the nn,lcs mere ming cob
not well admit OF any doubt II the
power to file res ides in the representative OF the
SsPyySernnent s yer requires no discretionary exercise
Tue sanction and knowledge Of the Court as mat
ter OF course. Subsequent orders are required to
tlon OF the Court Hence i was that stated in
tno outset that IL was important to consider what
th9 true question was before the Court. Because
~ does not follow. even II the oaths were insuni-
clent to Justify the holding 10 bail Of tho defend
ants, that the Hing OF the informationshou be
STRICKEN PROM THE RECORDS
OF the court Far from II. The information should
Iemail filed properly but If the defendants have
Deeii IN any respect Improperly arrested In the
preliminary hearing, II further aildayits are re.
guired, they eau be had. The basis for that lies
In the filed information. 1t is asking too much to
require that 1t be stricken fro the files. IL one
solitary improper act has occurred, II the warrant
was was improperly issued ifthc parties were improp.
eery Drought Into court that can be corrected
but that is essentially different from
wiping u out, as they seek TO do, so that
these parties may escape tho penalty consequent
wo ~ ne % Sss Se tbs g '1s
representing the Government upon his official oath
and official solemniiy Of action to file information
qucnt acts belong exclusively to the court, aud
beg leave to say that not only my Brother Corkhil
acted, in lling this, under his oath. but
the es he'd ,bs pec'a; couT M,S @H OS
oath recorded and answered In the same manner.
IL follows therefore that the information has been
IN EVERY RESPECT PROPERLY FILED.
Ifso the order permitting It to be filed cannot be
resclnded. II cannot be stricken from the dies; 1t
must remain apart from any consideration of the
warrant or of the afidayit OH which II was based.
IL must be tained a. the basis Of rule. IL neces-
sary to show cause or other proceedings III they
are required. The defendants cannot escape. aS
they appear anxious to do by striking out the In
formation itself.
The court then took recess for twenty minutes.
Amer recess Colonel Cook continued his argu-
ment as follows:
II Your Houor please, while the motion, as
confined to the information, does not in.
cludo part OF the order in relation to tho arrest
Of the defendants, Il Is undoubtedly true that u
proper reasons existed for IT, ifh appeared TO the
Court that the Indictment was properly filed, en
mere plota, the order allowing 1t 70 DO filed could
perhaps be rescinded. The sutIiclency therefore
of the aidavits TO Justify the warrants ssued for
sidered. And hrst what are they? What are their
terms? What are their statomentsG This can be
best determined by reading them calmly and
TRANQUILITY. The first Is the affidavit of Mr.. Jhmes
the Postmaster. General lIU states that he is the
Postmaster. General ofthe United states thus lin
Ing himself ont of the rcn'n, "i ordinary indt-
viduals, and presenting his AFFIDAVIT
As A DlGSIFIrD OFFICIAL.
That as such he Is the head Of the P0st.Ofiico De
partment Of the united States aud has been such @
foregoing Information, and knows the contents
thereof that he sans Is true as ne states nponi In
and belief Is derived frOuI an examination Of the
pspsrs rSiatng to the various set forth in said
information including increase Of service and exped
the changing af routes, tho position and aciion ol
Brady French anI ner and also from tho rnnoris
and and oSsr esers naF % Sc whc
nave by deponents direction besn ells,S.u LOT lnaJ
months IN c9rein and minute ,s aa IN IN
partment, Its officers and agents. soar tSates To
during The period from ihe 6ssnnHg Of the year is7
10 the month OF March In the year 1881. Subscribed
and sworn to before me this 10th day OF septen'
YOUR HONOR WILL OBSERVE,
in the first place. that this Is the oath Of one who is
made the custodian, BY, virtue of the act OF Con-
gress of the records aud papers In the Post-Ohlco
Department. II is not the statement of an indi-
yt..,al disconnected with ihom and having no OIL
cial know,Sdge of them. The law places che Gus
tody of these In. ners under the control or in the
hands of The Postmasre, General. What does he
dO2 He states that as the heauv. me Department,
as the officer Of the Uulted states, entrusted with
carefully and fully, aud from that personal examI.
nation of the records In his possession, and having
read the statements made In relation TO them In
the information, they are true. Then, In addition
10 that, he says that his acknowledgements simply his
information, but
HIS KNOWLEDGE, INFORMATION, AND BELIEF
ais derived from an examination of the records of
said Department, including the orders and papers
relating 10 the various matters set forth IN said
information. including the increase of service and
of expedition" Then, In addition to that. he
makes this definite statement That in addition to
this, his knowledge Information, and belief arises
from what2 From his direct reference TO the pO-
stion and action of Brady, French, and Turner.
tis therefore, manfestly erroneous to assert that
this statement Is made simply aud only upon in
, ~ n 10y y te,i 10 ~ ~ uses tme
!. SS hiiaSi, VA q" a. .nt ", ~ WIN
tions OF Brady as set forth in the Information, Us
being within tho knowledge of tho Postmaster
general. 1t is not, therefore,
,,oIa a., r' ~, IT, ,,,.i-.,., % isl,'
ssiciGS "r nnS, mp ~ y, sll9py VIA
snapaeion NV "u W ,, ~ ~ " Naisler uiuer
" Se ~ I i oi ~ oa 70 Nie epepartnlentIhrst
hird se ~ ,bn haiIo sod & VI @ e kioWedHe:
aud that knowledge of the Post mister Genera
ahto n.s ,io,S VU'u NJ w ~ asneu mt iofe coulu pe
p, m01 , m ~ ~ a,so % nil queer . oI the M
rghi.O'o ni' thht ~ seI ioIth IN Ms
% Nv, oc o se,s lo,s tna ny Is Is M ispeotor OF
sne I'M ~ I'M w ~ nnu ia, pSSn @ suc IN
speG'pJr p Saov Wy f @ y. narvn a; ~ lool thal az
h , ~ u % i,s '", u'uoi so ureeuOn oi
, ae ,, uJ.e,, vnsv .. ~ eAIenaed