Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-07
THE NATIONAL CAPITAL.
THE STAR REUTERS CLUTCHING
AT STRAWS.
Third Day OF the Forensic Tourney
A Cabinet Curtain Lecture-Msc-
Veagh and Gufteau-The President
Frees His Mind on the Duty of
the Attorney General.

W WAGhAN0IONg 4NOtOhAbCA buC olhl
route cases to-day Mr.. Ingersoll proceeded
with the argument which he commenced |
yesterday, taking up the second count of |
the information, which charges conspiracy |
between Brady, French, McDonough and |
Brown. He showed the absolute absurdity |
of the allegation that these men had con-
spired to have the contract awarded, as it |
was finally, to Walsh. He knew of no law |
to prevent man conspiring against himself, |
as McDonough (the original contractor on |
route 40, ,101) is represented to have done. |
The result Of the conspiracy was to take the
contract from McDonough and to give it to
Walsh.
Passing to the third count, which charges |
Brown and Brady with deliberation and |
consultation, improperly and corruptly, to
have the service increased and expedited to |
the amount of $74, 450, Ingersoll asked who
was to judge OF the necessity of the change.
The law gave the right to judge of it to the
Postmaster General, and If the court was
the Judge Of it the facts should be clearly
and accurately alleged Facts, not conclu-
sons, should be stated. How could 1t be
shown that any act, as charged, was
done in furtherance of the con-
was divulged? Consequently, all the facts
should be set forth In the information.
After dissecting the information, Inger-
soil took up the law on the question of
probable cause. He said that no man can
be taken from his home roof by the Consti-
tuition simply because malice and ignorance
united and honest ignorance does the swear
ing. "The gentleman who spoke yester-
day." sald he, referring to Bliss, "said that
this thing could be done in the Southern
district Of New York. If that is true, the
Judge who allows 1t ought not to be per-
mitted to sit on the bench, which
he disgraces by his presence. His
him. because he robs the citizen Of his
liberty without any probable cause, with
out an oath or affirmation. If the Judge
does it, 1t is Infamous But true or not, it
does not change the law. Strange ideas
they had Of Justice in New York. Laugh
ter A man can be arrested and impris-
oned without anybody in the world
having sworn that he committed any
offense, or anybody in the world
swearing that he had violated
any law. He can be imprisoned on the
guess of the District Attorney. l have no
doubt that this information was the child of
New York practice, suggested by the gen
tleman, who is in the habit of practicing in
courts where men are deprived of their lib
formahty. 1t may be that an oath in the
State OF New York is so regarded that
it is only matter of form. And that is the
practice in New York" Laughter
After eulogizing the grand jury system,
he said that here in the District of Colum
bia, above all other places, should that
grand aud time hOnored institution, the
grand jury, be maintained and be allowed
to stand between the humble citizen and
the man who can hold Office. Said he: "My
client is arrested upon official ignorance"
He explained that by saying that the Post
master General had sworn to the informA-
tion upon what others had told him.
In closing lngersoll said: "When my
client is held up to public scorn and indig-
nation, 1t is about time that If there are any
doubts they should be resolved in his favor.
But instead of that, not satisfied with the
harm already done-not satisfied with vio |
lating the custom of one hundred and sixty |
years-not satisfied, when they were afraid
to present this case to the grand jury
afraid, afraiG--I use the word knowing
what it means-when they were afraid to
present 1t to the grand jury, they came to |
this court, having waited themselves for |
the expiration of the statute of limitations
nearly having then by affidavit, Illegal |
and void, accomplished the arrest and ma
ligning of this man, they now say, II you
have any doubt resolve the doubt against |
defendant. say, If the court has |
any doubt as to whether this is
or is rot an infamous crime, |
stop II the court has any doubt as to |
whether these stiidavits amount to prob |
able cause, stop. The court cannot go on |
TO the final Judgment judgment that |
takes from a man his liberty or his prop |
erty-without being as clear as daylight as
to its jurisdiction aud power. The absolute |
knowledge that you have Jurisdiction makes |
you clear in your high office, and so l say |
not only | but the law says tiff you |
nave the slightest doubt, stop.n
At the conclusion of lngersoll's argument |
the court took recess. After the recess, |
jeff Chandler, of counsel for Brady, ad- |
dressed the court. He wished, he said, to |
call attention to two of three principles |
which he thought controlled the case com
pletely. The case stood now where it was |
left, with the discretion of the court to dis
pose of 1t. If their Interpretation of the |
law was correct there was nothing to send |
to the grand jury. The acts alleged did
not constitute any crime under the
statutes. The type of jurisprudence
which this court administered was different |
in many respects from the type which pre-
ceded the common law. In common law
the crime did not have to be clearly defined
To show the distinction between the com
mon and statutory law respecting crimes he
read from ;'Whestnn's Criminal eW" The
origin Of common law was in the discretion
OF the administrator Of it, who defined at
his judgment what was and what was not
criminal. II that principle was not a resi-
dent statutory jurisdiction WHICH the court
was administering, then 1t could
not be invoked to aid the uncertainties of
the statute. II the acts could not be con-
strued into an offense condemned by this
statute, then the court would not, of course,
weary itself with the matter.
Mr.. Chandler quoted extensively to sus-
tain the principle which he had advanced to
show that the court could not give an egui
table or liberal construction to q penal
statute. lie condemned in strong terms
the attempts which had been made by the
government to blast the reputation Of the
accused before giving them hearing, and
charged that the information had been
given TO the Associated Press before It had
been filed In court.
Mr.. Cook interrupted With denial of
what he characterized palpable and un-
founded misstatement of the fact.
Mr.. Chandler said If the gentleman de-
pied it was so, he would accept the denial
and say he was mistaken; but whether the
fact or not. there was not man un-
der the American Dag that does not
know that he read in substance
every charge IN that information
months before it found its way into court
l. may not have been the same in arrange
ment, but 1t went out months ago with the
brutal adjectives that characterize It now.
1t has infected every corner of the United
States and the gentleman Bliss said yes
terday that its effect was to
render those men Infamous in
every district of the United States Not
one opportunity have they had to speak in
their own behalf, not 8 single syllable of
testimony had dropped from any living
witness against them, but the Government OF
the United States has so manipulated these
facts to their disadvantage that cloud of
infamy rests upon their homes, 1t is said, In
every district Of the United States, and for
that alone the court should exercise its dis
cretion in expelling from its recsrds this
polluted thing. At the conclusion of his.
argument the court adjourned to Monday,
when Mr.. Cook will argue In opposition to
the motion to set aside the information.
CABINET LECTURE.
The Star publishes a statement that
Cabinet meeting was held at the Presl-
dents parlors directly after his return
from Yorktown, at which all the mem
bers OF the Cabinet were present. The
President said he had called them
together to consider the question of the
prosecution of Guiteau; that from the
facts which came to his knowledge he be-
lieved the government entirely unprepared
for the case; that he would consider Ii pre-
eminently disgraceful to the government IL
in Guiteau's case, as in the star route cases,
it should confess itself unprepared to 60 on
and be compelled to ask a continuance.