Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-05
THE STAR ROUTE CASES.
Further Proceedings To-day.
BAIL GIVEN BY THE DEFENDANTS.

BAIL GIVEN BY THE DEFENDANTS.
There was quite large attendance in the
Criminal Court room this morning, prior to
Judge Cox taking his seat on the bench, in an
ticipation of some interesting proceedings in the
case Of Gen. Thomas j. Brady, J. L..
French, w. H. Turner and s. P. Brown,
charged with conspiracy in connec-
tion with the star route cases, under in
formation filed on Friday last. All the parties
charged were present, except Mr.. McDOnOugh,
who is out west.
Col Cook and Col Corkhill represented the
government and Messrs Shellabarger & Wilson,
EnOch TOtten, and Mr.. Chandler, of Mo-, repre-
senting the accused. Immediately after the
opening of the court, Judge Cox said-"In re-
gard to the question of bail in the star route
cases, in which an information was filed the
other day, have this to say: 1 have only been
able to give cursOry glance at the information,
but under all the circumstances have concluded
that except in the cases of French and Turner,
thetwO clerks, $500 each will be sufficient bail,
and in the cases Of the two gentlemen l have
named. 81 GOO each. While l think that these
amounts are sufficient, l am still open to any
suggestion that counsel may desire to make"
Colonel TOtten said: "If your honor please;
believe the gentlemen are all present and ready
to give ball. but before that is done desire to
invite the attention of the court to one circum-
stance. and that is this: This paper, which be-
lieve is called an information, was filed here
without any notice and without any order
quasi; and. as 1 have been infOrmed-hOw accu-
rate my infOrmatiOnis is ef course / do not know
but was informed that the court stated that it
should be filed under the circumstances stated
by the gentlemen applying to the court at the
tiOns which might be taken to it. Now. we un-
derstand from that that we are to have the same
privilege of making objections now that we
would have had had an order quasi been entered
and we were brought in at the time the applica-
tiOn was made and resisted it. If we are not
right in that we would like to know it, for we
do not wish to waive any right that we may
have in the matter by giving bond here"
The Court:-"The motion you desire to make
is to quash the information?"
Col. Totten-"I will not saw what the motion
is we desire to make. We may move to quash
the information at some time, but before that is
done we may make some preliminary motions
looking to the infrmities inside of the paper
itself. Then there may be great many outside
of it. For this reason we desire to have an Op
portunity of bringing all the objections to this
peculiar and extraordinary practice to the atten-
tion OF the court at the proper time and in the
proper way"
The Court-"You will have that opportunity.
waiver.'
Col. Totten.-"We will give the security Imay
state while am up that we will not be ready to
file the motion this morning or tomorrow
morning; but we will give your honor and the
gentlemen on the other side due notice of it,
Col. COok.-"In order that there may not be
any misapprehensiOn and that the practice may
conform to the strict rules of the court. desire
to say in connection with the suggestion made
by District Attorney COrkhill day or two
since that it would be well to have it understood
that at least two days notice be given to the
counsel representing the government before any
motion in these case is heard
Col. TOtten.-"Let me inquire right here, for
am little blind on this subject. 1 saw it
stated in the papers, and get most of my infor
nation in regard to the star routes from the
newspapers; they are very generous on the sub
ject-that two days notice should be given of
the filing of a motion. l would like to know by
what authority we are required to give two
days notice of the filing of motion? l can come
into this court and file motion any time"
The COurt.-''A written motion does not re-
quire notice.
Col. TOtten.-"Wc are required to give oppos-
ing counsel notice of when and what we intend
to do in the way of arguing motion. so that
but we can file our motion at any time we may
desire. The gentlemen on the other side shall not
have any trouble about notices We will give
them three days notice if necessary"
The COurt.-'COunsel for the defendants are
filed''
Col COOk.-''I desire to have full opportunity
to prepare when it is fled ! desire to be noti-
fed of the fact that paper is filed, and that it
shall be called up for hearing at some period
after it is filed. Is that distinct enough for the
gentleman?"
Col. TOtten.-"H may be to you, but it is not
to me-"
Col. Cook.-"I had been accustomed to think
that you were somewhat cloudy in intellect
Col TOtten.-'l am when you are talking"
Mr.. TOtten.-"lf your honor please, we offer
as security for Mr.. Brady, Messrs. John F.
Nathan w Fitzgerald Lewis Clephane
and A. l.. Roach"
The Court.-'I have no doubt of the respon-
sibity of the gentlemen you have named I do
not know whether the ATTORNEYS for the prose-
cutiOn desire to have them justified or not
Mr.. COok.-'I have not any doubt about the
of the parties named myself, and
yet should prefer that there should be regu-
lar Justification. because property is very
fluctuating in this country"
MI Totten-'My brother Cook is disposed to
be technical about this. l would like to know
where he gets the authority to require the
court to verify its discretion in the taking of
bond by what he calls Justification There is
no such thing known to our practice If your
honor is satisfied that any one of these bonds
men is good for 81, 500 that is all that is neces-
sary. The discretion is lodged in your honor
and not in brother Cook, who represents the
broad United States of America"
Mr.. COOk.-"I have not required the court to
do anything, and would not require my brother
Totten to do anything, because he might not
be competent to obey my commands
Mr. TOtten.-''I would not be willing to-"
Mr. COOk.-'I submit the question to the
court"
The Court.-'T am satisfied with the sureties.
They may be received
MIR. COOk.-''Very well.''
The sureties then came forward and were
sworn by the clerk.
Mr.. Wilson-"We offer as surety for Mr..
Turner. DIR. j. I. johnson and Mr.. Pumphrey
The Court.-"I am not personally acquainted
with these gentlemen, and will have to ask them
to be sworn"
The parties named were then sworn and ex-
amined by the court and accepted as bail.
Mr.. WisOn.-'If your honor please we will
offer Mr.. Brainard H. Warner and W. B. Williams
as sureties ON behalf Of Mr.. French
The COurt.-''They are good enough"
Mr.. Totten.-'I will state that Mr.. Brown is
not in court at the present time, but suppose
that bis bail may be taken at any time during
the day when he may come in"
Mr.. COOk.-"Certainly."
The COurt.-'Yes. that can be DONE"
Mr. Mills Dean afterwards appeared as surety
for Mr.. Brown. and was accepted.
Messrs. Olmstead, Fitzgerald and Clephane,
were then taken as sureties on Mr.. Brady's
bond in 800; DR.. j. Tabor Johnson. on Mr..
Turner's bond in 81 600; Messrs B. H. Warner
and W. b. Williams, on Mr.. French's bond for