Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-11-05
STAR ROUTE FIZZLE.
ARGUMENT ON The MOTION TO
QUASH THE INFORMATION.
Special Attorney Bliss States the Grounds
for the Internationally the Grand
Jury Was Ignored-Was the
Conspiracy an lnfa-
nous Crime?
INGERSOLlS DEFENSE OF Mr.. BROWN,
Validity OF the Information.

Validity OF the Information.
WASHINGTON, November 1.-The argu-
ment on the motion to set aside the
criminal information in the star route
cases was resumed this morning. Geo.
Bliss addressed the court on behalf ol
the government. He gave reasons Tor
seeking to file the information as fol
lows: The grand jury had been ad-
journed till the 3rd OF October, and
what we regarded as some OF the most
important and effective overt acts in
pursuance OF this conspiracy, had taken
place on or before October !, 1878. 1t
was open TO the claim then that
under the three years statute OF
limitations unless proceedings were
commenced in court before the first OF
Octobor 1881, they would be barred UNI
der the statute. We were placed in Il
condition that if we didn't file or seek
to file an information we felt we should
not have done our duty to the Govern
ment. We, therefore, adopted proceed
ing by information subject, OF course, TO
the motion to set aside. think we
NAV claim to be here without being ex-
posed TO the denunciations which We
heard Yesterday OF having made an
attack upon the people, oi having un-
dertaken to violate their dearest rights,
Brady having substituted himself in
place OF the people. We have no de-
sire under ordinary circumstances
10 proceed outside OF the general prac-
tlcp in criminal cases. We have no
desire to avoid the grand jury. We
think that We might Just a well charge
that the other side Is seeking to avoid
the petit Jury, as that they saould
charge that we are seeking TO avoid the
grand Jury. We have no desire to do
it, except where we can show cause why
il should be done. ] agree that, under
ordinary circumstances, and without
good cause being shown, the proper ami
expedient way is to proceed before
grand Jury. Col. Bliss cited various
ac's to show that the prosecution had Il
right to proceed by information IN
criminal cases, and this had been
repeatedly recognized bv Congress by
authorizing criminal proceedings by in.
dictment or information.
The right to file an information in
some criminal cases being clear, both
under the statutes OF the United States
and under decisions OF the courts, the
question remains whether the crime
charged by this information Is one com
inc within the class in which lniorma-
tions are allowable. The only possible
Limitation to the right to file an informa-
ton IS found N the fifth amendment 10
the Constitution, already quoted. That
amendment prevents the nIlng OF All
information "for capital or otherwise
infamous crime The Ofense charged
in this information beiug clearly not
capital, it only remains 10 ascertain
whether it is infamous. Bliss gave
numerous decisions as to
What Crimes are Intamous,
and held that there is no case holding
conspiracy to defraud, or conspiracy
generally to be an infamous crime.
We therefore say broadly that consplrl-
cv to defraud has never been held by
the courts TO be an infamous crime, and
that any passages in the text books
which seem so to hold are not intended
to apply to any coEspiraCles other than
those which affect the administration OF
Justice. or are based on misapprehenSlon
of the cases cited to sustain them. 1t
allows that conspiracy such as ls charged
in the case before this court Is not an IN
famous crime. But il the court should
regard the question as doubtful, sater
and fairar way is to allow this case to
proceed. All the rights Of the accused
will be protected and those OF the gov
ernmpnt saved II there is conviction
the higher court will protest against the
enforcement Of the judgment if its very
basis is adjudged illegal. On the other
hand, i; there is an acquittal, no injury
will be done. The defense will obtain
what they insist is their due. Section
544O Of the Revised Statutes declares:
III two or more persons COnsplre, either
70 commit any oiiense against the
United States or to defraud the United
States in any manner or for any
purpose, and one or more such
parties do any act to affect
the object oi conspiracy, all the parties
% such conspiracy commit crime The
information certainly in terms charges
this crime against the defendants, and
il is submitted that it charges such
crime in
A Legal and Proper Form
The prosecution claimed the right to
come here and ask ior conviction on the
ground that Brady being entrusted with
discretion, did not exercise 1t honestly
and in good faith; that he did not eX-
ercise it in the purpose OF the peopl and
for the good Of the government and that
he knew he did not.
Bliss. in conclusion ComDatted propo-
sitions submitted yesterday by counsel
Tor the defense.
Col Ingerso}l followed for the defense.
He said: | first call attention to the
question OF probable conviction, and in
the examination of this question
not only question the right,
but must necessarily inquire
As to the crime charged in the iniOrma-
ton itself, because the COurt must re
member that the charges IN the lniof-
nation were those OF attidavltS, and the
atiidavits together with tn" information
are all the evidence, all The
probable cause in this case. do not
examine the information for the pur-
pose OF ddmurring to it, or for the pur'
pose OF moving 10 Quash it, but slmpI
Tor the purpose OF showing how much
| il amounts TO as evidence. What does
| it move What is there charged
against my client, Mr.. Brown? He took
up seriatum had not conspired. The
time had passed, ii it had ever existed,
when pleader could desire
the place OF court, when he could oust
Jury, and the time will never come
when IN case like this the pleadef
could oust a grand Jury. lngersoll con-
| cludes his argument 20 morrow.