The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-11-10
The Star Route Cases.

WASHINGTON, November SIN the star
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 conspired to have contracts
awarded, as it was finally, to Walsh. He
knew of no law to prevent conspiracy
against hinkelf, as McDonough, the origi-
nal CONTRACTOR on route &C, 10l, is represent
ed to have done. The result of the con-
from McDonough and to &C it to
Walsh. Passing to the. third count which
charges Brown and Baily with deliberation
and consultation improperly and corruptly
to have the service increased and expedited
to the amount of 81 445, he asked who was
to Judge of the necessity of the change. The
law gave the right to judge oft |. to the
the facts should be clearly and
accurately alleged. Facts, ''not conclu-
sions, should be stated. How could il be
shown that any act charged was done in
furtherance Of the conspiracy unless the
W0Ole SCnpIQe was NOioCIuObtg
all facts should be set forth in the informa-
ton. After dissecting the information he
he took up the law on the question Of a
probable cause. He said that no man can
be taken from his homo root, by
the constitution, simply because malice and
ignorance united, and honest Ignorance does
the swearing The gentleman who spoke
Yesterday said he, referring to Bliss said
| That this thing could be done in the south
ern district of New York. If that is true,
the Judge who allows it ought not to be
permitted to sit on the bench which
| he disgraces by his presence. His
ermine should be taken from him because
he robs the citizen of his liberty without
any lust cause, without an oath orafiirma-
ton. If the Judge does, it is infamous.
Rut true or not il does not change the law.
Strange ideas they have of justice in New
York. (Laughter). A man can be arrested
and imprisoned without any offense
or ANYBODY in the world swear
ing that he had violated any
la1. lie can be imprisoned Oh
guess of the district attorney. | have no
doubt that this information was the child
of New York practice, suggested by. the
gentleman who is in the habit of.practieing
In courts where men are deprived OF their
liberty by their accusers resorting TO that
formality. 1t may be that an oath in the
state Of New York is not so regarded,
that it is only a matter Of form
and that is practice in New York. laugh
ter.l After eulogizing the grand jury he
said that here in the District of Columbia,
above all other places, should the grand
and time-honored institutions of the grand
Jury be maintained and be allowed TO stand
between the humble citizen and the man
who can hold office. Said he, "My.cl
is arrested on official Ignorance" He
explained that, by. saying thai
TO the information on what others had told
him, In closing he said: When my ellen,
is held up TO the public scorn and indignity
il Is about time that if there are any doubts
they should be resolved in his favor, bur
instead of that, not satisfied with
harm already done, not satisfied
when they were afraid TO present the case
to the grand lury-"afraid'' I use the word
knowing what / mean''-wben they were
afraid to present it TO the grand Jury. They
come to this court, having awaited them
selves, for the expiration Of the statute Of
limitation, nearly having then, by afiidavid,
illegal and void, accomplished the arrest
and maligning of this man. They now say
if you have any doubt, resolve that doubt
resolve the doubt against the defendant.
say that III the court has doubt as 20 wbeth-
er this il or is not an Infamous crime, stop.
1.-THE court has doubts as TO whether these
afiidavits amount &c probable cause, stop.
No court can 20 on I'LL undl IuoEIutntf
Judgment that takes from mHn bis liberty
OF his property, without being as clear AZ
daylight sc TO his Jurisdiction and power.
Absolute knowledge that you have jurisdic-
ton makes you clear in your high
Office and 80 / say not only, but the Law
says it, If you have the slightest doubt,
'stOp.n'
Al the conclusion Of Ingersolls argument
the court took recess. Amer the. recess
Jeff. Chandler, Of counsel for Brady, al
7irezsed the court. He wished, be said. 20
call attention TO two or three principles
which he thoueht controlled the casa CON-
rlefr1r- The case stood nov where IL WIS
In With the discretion Of the court
10 dispose Of H. II their infel-
~,-rtafi0n Of the law l. currec there
rrs nothing 20 end 10 the grand jury.
The ncfs alleged did not constitute any
r;-nrudence which ~ cfurt ndI..snist p
~ different ia6ny fespecis from Ne
-. -lirh 1917. A common, lof
ZINE did - rs . ie dearly dez1sd,,
- 49, - <,,inrfion between common
80 - law respecting crimes. h.
- Ehnrtors Criminal La
ri cruron fau rs In ID.
afri11strrtor a j. whc
ernant determined Via
siderf statnarr furis1ic- /
pr Tzs ednirlsiering- f.