The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-10-05
BEFORE THE COURT.
Brady, French, Brown and Tnrner,
With Their Counsel, Appear.
Discussion Over the Amount of Bail
to be Furnished by Them.

rumOr LnaL the counsel IOr lle QelenSe
in the star route cases would this
morning make a motion to quash the
information filed against Brady and
others, there was large number of
lawyers and others present in the crimi-
nal court room. The court having been
called to order, Brady, French, Turner
and Brown entered, accompanied by
their counsel, Robert G. Ingersoll, Jere-
miah Wilson and Enoch lotion. The
government was represented by Cork
hill, and William A. Cook as special as
sistant. The proceedings were opened
by Totten, who said he had found pa
per had been recently filed against
Brady and others. and wished to enter
a motion to quash that paper. He
asked leave of the court to file that
motion, and that day be fixed for its
argument. Cook objected to filing the
motion at present, for when the infor-
nation had been filed it had been ac-
companied with an order Of the court
for an appearance of the parties, and
until they did appear and give security
to answer, they had no legal standing.
Totten replied that the parties were all
present in court. and ready to ask that
their bonds should be fixed.
Judge Cox inquired whether the
counsel had any suggestions to offer as
to the amount of bail.
Cook said according to the informa-
tion, the amount of which it was as
sumed the government had been de-
frauded was $3.50, 900, and according to
an act Of congress, the bail in cases of
conspiracy to defraud the government
was fixed at $4,000. He would sug-
gest, however, that in order to cover all
possible costs, the Lails should not be
less than $4,000.
Wilson suggested that in fixing the
amonnt Of bail, the court ought to ex-
anime the pretended information in
order to learn the character OF the allie
cation against the defendants. He in
stanced the averments against Turner
and French, which consisted simply Of
the charge Of conspiracy and making
some calculations, and said that upon
such averments bail of $4,000, or
$40, 900, or 5000 was little more than
the court ought to grant. What ap-
piled to those two gentlemen applied to
all the defendants. The whole argA
ment against Brady was that he did
not exercise sound and judicial discre-
tion in the discharge of his duty as
second assistant postmaster general;
there was nothing In the information
that he could see that would warrant
the court in fixing high amount of
bail.
Ingersoll, who appears for Brown,
contended that the court should only
fix bail at a high enough amount to in
sure the attendance of the defendants.
The court said the question of the
character of the information was not
now before the court, but when it
came to the question of evidence the
government expected to produce ade-
quate proof to sustain the information.
Judge Cox did not think this was
case which would require any large
bail. He would examine the ;nforma-
tion tonight and fix the bail to-mor-
row. When the bench was fixed he
would determine upon the day to hear
on the motion to quash the
information; it would probably be some
time next week.
Totten's motion was then filed and the
defendants discharged on their personal
recognizance.