The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1881-11-10
BEFORE THE BAR.

BEFORE THE BAR.
The star ROuters are Brought BefOr
the bar OF Justice ana Their Tria
Commenced.
WASHINGTON, Nov. 3.-Argument Oh
the motion to set aside criminal inform
alton in the star route cases began thi
morning. The last and principal argu
ment used by counsel in favor of quasn
ing the indictment against the accused
was q constitutional one Under tn
constitution, no enc could be held Il
answer for any capital or infamou
crime, except on presentment or in
dictment by the grand jury. He ar
gued that the crime here charged wa
infamous, and it therefore could not b,
prosecuted by information. He quoted
number Of authorities in support O
his proposition, and called attention
to the fact that section 1910 of the re
vised statutes gave the police court ex
elusive jurisdiction over all crimes ant
misdemeanors not Infamous, thus i'm
pliedly defining all crimes pun
ishable by imprisonment IN thu
penitentiary as Infamous. In con
Guiding his argument, Wilson
said, ~ know that your honor appre
ciates the Importance of the question
presented by this proceeding. 1t il
not the accused alone who are interest
ed. The rights and interests of all the
people of this nation are involved ir
this question. If you decide it the
district attorney can without evidence
present the citizen for a grave crime
for that is what you must do if you
sustain this proceeding. If you decide
that the party be prosecuted for an Of
Tense which has not been defined by
any statute, as you must do if you
sustain this proceeding, you will have
put the law of this nation back where
England was 200 years ago."
Wilson spoke for over four hours
He was followed by Bliss, of the gov
eminent counsel. He said that it ap-
peared from the argument just made
that the defense had other objections to
the information, and that there were
other propositions to be made against
it. He instanced remark of Wilson
to the effect that section $40 had been
repealed, and that a point would be
made upon that by one of the other
counsel for the defense" He thought
1t fair before the prosecution should be
called upon to answer all the PROPOSE
tions that the defence should be stated.
Cook also commended that Ingersoll
should present the case of Brown, his
client, before the prosecution should
be obliged to 60 on.
Ingersoll.-I suppose that after we
shall have heard from one of the learned
gentlemen on the other side, it may be
in order to say few words in regard
to Mr.. Brown, but l am free now to
contract that if either OF you gentle
men successfully answer the argum ent
that has been made, I will say nothing
about Brown. (Laughter.)
Bliss said he wished to be perfectly
fair about the matter. 1t might hap
pen that some of the points which he
was to answer would be presented by
Ingersoll, which would necessitate his
Bliss, again addressing the court.
He thought, therefore, it would be bet
ter for Ingersoll to proceed him.
Ingersoll-I may say for the en-
lightenmen. of Mr.. Bliss, that l
shall insist that the facts set
forth in this information in regard to
Brown, even if all be admitted to be
true, do not Constitute any offense;
secondly, l shall insist that the facts
set forth in each and every count are
contradictory, absurd and impossible.
daughter. 1t is impossible that any
such acts should be done in any such
way. Now that is my general state
ment-that there is nothing in this in
formation charging Brown with any
lndlctable oftense. Whether an infor-
nation needs facts is another question.
| shall insist that it is impossible
that Brown ever conspired with
Brady to influence Brady, and that
Brady ever conspired with Brown
to get Brown to influence him (laugh-
teri. shall insist that Brown never
conspired with Brady to give the con-
tract to McDonough, and that thereup-
on McDonough never conspired with
Brady and Brown to have the con-
tract declared null and void. l shall
insist that McDonough never conspired
to cheat himself, and that h, never
went to the extent of hiring Brown to
help him (laughter). 1 shall also in
sist that it is not within the horizon OF
the probable that any man ever paid
eight or sixteen hundred dollars to get
another to conspire with another man
as we'll as himself. to defraud himself.
Now think l have given the general
view of the course I intend to pursue,
SO far as Brown is concerned. I shall
also insist that the affidavit of James
to the effect that certain contracts
are on file in his office does not tend
to- show that Brown went to New York
with an illegal object. / shall also in.
sist when James states in his affidavit
he has had conversation with certain
persons, that these persons shall be
brought into court. l shall insist when
he speaks Of contracts that those con.
tracts shall be brought into court.
shall insist the same in regard to the
affidavit Of Woodward; and finally,
shall insist land here Ingersoll dropped
his bantering tone and spoke seriously
emphasizing his remarks with blows Of
his hand on the table) that in this
country or any other country Saxon
blood gives evidence of liberty and
manhood. The grand jury stands be-
tween the citizen and his caluminator,
no matter if that caluminator is an
officer Of the cabinet or the president Of
the United States.
This sentiment was loudly applauded
by the spectators, and it was some time
before order WAS so far restored as to
permit lngersol to proceed, which he
finally did as follows: II shall also in
sist, before ! get through with the case
OF Brown, that the grand jury is placed
between citizen and his reputation to
provide for precisely a case like this.
shall insist that when a high official