The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-11-17

have anticipated it. 1t had been unu-
sual and extraordinary. The recess
had been for a sufficient length
of time to prevent an in
dictment being found in this case,
on account of the statute of limitations.
The emergency had existed, and in order
to prevent the possible failure of the
case the prosecution determined to file
an information. Though in some cases
an unusual proceeding, it had been re-
gardedas authorized and sanctioned by
much approved practice. Nothing else
could have been done. 1t had been said
that on the slightest LOtice the grand
jury could have been Te-assembled. 1t
had been adjourned from the l4th of
September until the Sd of October, only
remaining in session two days, without
any arrangement for Te-assembling.
The recess had been absolute; nor had
he at any time received at any intima-
tlOn that the grand jury could have been
re-assembled He had first heard of il
in this court on Monday last. One of
the chief members of the grand jury
mad been out of the District, perhaps
others. The Attorney General and the
District Attorney did not agree as to what
passed between them. He Ohe District
Attorney was not in the habit of noticing
statements made i'll reference to him, or
authorizing it to be done. He CAIr.
COOK was, as regarded the star route
cases, the immediate legal recognized
representative of the Government and
the Attorney General, and in no manner
or by no person had he been consulted
as to the recess of the grand Jury. Its
movements and intentions, if not con-
cealed from him, were unknown. From
the day of his unsolicited employment
by the United States, on the LIST Of June,
until the present hour he had devoted
M hi @ %
cases. The labOrs on his part. and on
the part of his associates, were far more
arduOus than known to any one. There
had been no indecent delay; there would
be none. Sustained by the administra-
tlOn and his superior officers, the cases.
In whatever form the Court might ap-
prove, would be carried on until the
quit or innocence of the accused parties
should be proved to the jury, governed
by the rules of law which might be an
n0unced by Court. The court then
adjourned.
1t is intimated at the POstoffice De-
partment by persons prominently con-
nected with the Star route investiga-
ton that the Government will now en-
deaVOr to obtain an indictment against
Ine parties who were discharged to-day.
upon the basis of alleged similar Offenses
OF later date than those charged in the
Information which had been set aside
1t is also argued that the bar of the
statute of limitations may be avoided in
a case of continuous conspiracy, by
making the evidence relate to the per
iOrmance OF acts long subsequent to its
inception, and even allowing for the
delay of six months in prOc1oing the
Indictment, the parties in view
may still be brought to trial be-
fore. the expiration of three years from
the Issuance of certain orders, ETC., dur
ing the entire period of the alleged con-
splracy. Postmaster General James will
return from New York on Saturday.
Ihe gentlemen engaged in the prose-
cutiOn OF the Star route cases say the
decision of Judge Cox to-day bars only
the case against Brown; that all others
came inside the statute of limitations.
and that the cases against Brady, French
and the others implicated, except Brown
will be submitted to the grand Jury at
the next opportunity.