The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-11-11
TELEGRAPHIC
star Rou,es Discharged.


fanny of the crime charged. The con-
clusion arrived at was that the crime
was infamous and the accused should
have been proceeded against by indiet-
ment. He therefore sustained the
motion expelling the. information
from the files of the court, and
ordered the discharge of the defendants.
Few in Washington were surprised at
the decision of Judge Cox. who grants
the motion to strike off the information
against the star route confpira:ors and
discharge the defendants. The court
room was crowded, the audience being
very largely composed OF friends
of the accused. AS soon as the
Judges decision was made, VIM. Z.
Cook, assistant to the attorney
general, read statement which be had
evidently prepared III anticipation of the
result. He denied the statement OF Dis
trict Attorney Corkhill that the attorney
general had been consulted by him in re-
gard to the adjournment of the grand
i jury and claimed tho information had
only been resorted 10 after the govern
ment had been prevented from asking an
Indictment until after the statute Of limi-
tation could have begun to operate on
the part of the prosecution. He prom
iaed that the accused would not long be
able to exult. They would be brought
before the grand jury and bsfore the
petit jury, and they would have all the
opportunity they apparently desired to
defend themselves, and upon proceed
ings against which no technical objection
could be raised. After the adjournment
of the court, the accused were congrat-
ulated by their friends in the p0stOfice
department. The effect of Judge Cox's
decision is much discussed. High
officials assert that the effect is misunder-
stoed; that GOV ernment is debarred from
proceeding by indictment in the Walsh
case, but postoffice authorities deny this.
They say the fact that proceedings by in
formation having been commenced,
satisfied the requirements of the statute
OF limitations, even through the proceed
ings have been thrown out on technical
tiles. In addition, it is alleged there are
grounds for many indictments without
touching the Walsh cases. Public
opinion here is, however, almost unani-
nous that the failure Of government is
final as regards Brady. He said the as
ssssinstion of tie. President occurred on
the morning of the ID Of July. Ga the
Wednesday previous, st the request of
the President, he had a conversation at
the White House in regard to the star
route cases. After full explanation the
President expressed himself fully salts
fed with what had been done, but urged
that the cases be pushed IS rapidly as
possible. 1t then had been his Cooks
intention to complete the necessary pre-
parations and present the cases to the
grand jury on its meeting in September
On the Saturday following,the nation and
civilized world were shocked by the an
nOuncement that James a. Garfield was
assassin ated. All labor as q consequence
had been suspended. A week of anxiety
followed. The present President CAR
thur, the attorney general, postmaster
general, in brief. all the cabinet were
overcome with grief, almost paralyzed:
sorrow and trembling had been in ali
hearts. The nation, the world, had
wept, feared, hoped, prayed; the en-
ployees engaged in the investigation of
the records here and the procurement of
witnesses had been able to do little effec-
iusl work. With what propriety, under
the circumstances, could it have been
done by anyone? It had only bean
when the President and physicians gave
strong hopes of recovery that the
labor had been fully resumed.
The delay had been primarily
and chiefly caused by the sssassin's bull
let. It had been unaVoidably human
justifab BILE delay. Resuming actively the
investigation Messrs. Brewster and Bliss
had become connected with the case.
Several consultations had been held at
Elberon, at which he (Oook) was present.
He returned on the 10Th of September, 50
IS to be here a. the reassem bling of the
grand jury. He had been Immediately
recalled TO Elberon, but on the 18th of
Septem Der, he FASTENED back to Wash
ington to proceed with the case On the
steps Of the cars he was surprised with
the statement that the grand jury had ad-
journed. The attorney general was then
at Elberon, sr could not haVa known
its purpose The adjournment had been
without his concurrence, knowledge or
desire, as il had been without his (Cook's)
notice from the district attorney; Tor
from the grand jury, nor from anybody
aise had he (Cook) any notice of the pro-
posed recess, directly nor indirectly. It
had been unTiSe and extraordinary. The
recess had been for sufficient length of
time to prevent an indictment Of limita-
tons. The emergency had existed and in
order to prevent the positive failure of the
case the prosecution determined to file an
information. Though in some cases an
unusual proceeding, it had been engaged
as authorized and Sanctioned by much
approved practice. Nothing else could
have been done. 1t had been said thst
on the slightest notice the grand jury
could have been reassem bled; 1t had been
from the 18th Of September
until the 3rd Of October, only remaining
IN session two days without any arrange.
ment for reassembling. The recess had
been absolute, nor had he at any time
an intination that the grand Jury
could have been reassem bled. He had
first heard that in this court on Monday
last, Inc attorney general and district
attorney did not agrees as to what PASSED
tetween them. He (the attorney genpraN
was not in the habit OF noticing state
ments made IN reference to him, o.
it to be done. He Cook
was, as regards the star route cases, the
immediate legal recognized representa-
tive OF government, snd in 10 manner or
by no person had he been consulted
as to the recess of the grand jury.
LIS movements and intentions if not
concealed from him, were unknown
from the day of his unsolicited employ
ment by the United States as q iurist on
June 1st, up to this hour, he having de-
voted most of his time to star routa
cases. The labors on his part and on the |
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