National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09

cnse In 100 U. s." to cheat the United States" It
men proceeds. not to make additional charges,
au, .o 20 the court overt acts which II IL
assumed VIII sustain tho charge Of corrupt comb.
nation and conspiracy to defraud This consplr-
aSy so M Is associated IN the information with route
D,lVl, win the carrying of the mail upon that
route' SO that II Is distinct and clear
THE SECOND COUNT
In Its phrasoology differs only non, the first In that
~ uSclares tnat the same parties did unlawfuly,
Irnudniently maliciously, and corruptly conspire
combine, confederate, aud agree together. be,
tween and among Themselves and with certain
other persons unknown, unlawfuiiy TO deffaud tho
united states Of America out Of large sums Of
money-namely $3.50. .OO0--in connection with the
carrying OF the United States mail and tbe com
pensatiun therefor from the LIST day OF July, A. ID.
1873 10 the Both Of June, 1882 from Prescott in tho
Territory OF Arizona, to Santa Fe, In the Territory
o. New MeNlco, on route f0,10i. II then proceeds
70 set forth the characters of the various
In their official aud individual relations. II then
charges conspiracy and combination between
consequenceof
THE RxPEDuIEe OF rHE ROUTE
from $1,000 to $4,000. II charges distinctly in
harmony with section $40. which says that 1t may
be conspiracy to defrnud in any manner for any
Bradynd he proof rSeSsry w deyeon sna abs, a9o% a
act viii enlghen that point--it was not necessary
that Thomas J, Brady receive any portion ofthfs
McDonough aud others to have thc amount in.
creased, by which Brown could make ffom si2OOo
under he law ss saS BrSay ds wsli @ Brown
Court. That Is not all Other acts OF fraud and
is vert acsare set forth IN support q
same. Is this sunicent2
ACCORDING TO THE CASE
OF the United sates Va Cruikshank II H. That case
~ sguires not that the means be all set out because
y not all ~ there was not sufficient setting out
o. o. the narticuarsI need not cite authorities. a.
they exist IN Bishop and Wharton 10 iour Houor
TO establish this proposition that bills or particu-
lars may be demanded IN cases or oonsplracy IL
the law OF conspiracy bills Of particulars may be
demanded and all the darkness be removed. but
that Is not all hold In my hand the case Of the
united states VS.. Deumoc ct al, Woods:
An Indictment for conspiracyto To do an unlawful NO
nesd no, aver The agreed on whereby he con:
tor con Tracy under section 5 which ayers the con-
spirhcy and the overt acts done carry Into effect
accomplish ihe purpose ,e .as consprssy ON :"
Woods delivered the opinion. He now graces
the higher court He says:
out aud aver the In which the means whereby
'he object Of the conspiracy charged shall be carried
supply this defect.
WHAT WAS THE CHARGE,
IN part, In that Indictment Let mo give Il to
riet A. Mills aud Others late of the said district OF
Louisiana. did, on the LIST day Of March, A. D.
1874 at and within the said Stale OF Louisiana and
in the district OF Louisiana aforesaid, aud within
tho Jurisdiction of said court with force and arms,
unlawfully and wickedy conspire, combine con.
iederate, and agree together among themselves,
aud with Martha L. knight, Joseph =. Murphy
and divers other evil disposed persons whose
lawfully and fraudulentiy to defraud the United
States OF America OF large sums OF money--to Wit
$4,000 lawful money Of the United States Of the
property aud moneys Of the United States" And
then 1t sets out the overt acts
THIS INFORMATION
In the second and third counts Is more definite for
it designates the transaction In connection with
which II N IN hava haa
trated-to-wit: the carrying of the United States
mails on o particular route within designated
| period and this is more definite and more clear
| than the indictment have read from. The court
| proceeds;
There is much conflict in the adJudged cases on the
Cheat and deiraud Il Is necessary to aver Tie means @
sG sa n'G pus @ Ss Ss
words uniaWtally, ireuc uleniy md decefnly did
cheat and deaud one Of his goods and chateis con.
| talns u sufficient allegation Of conspiracy without
A somewhat rcful consideration OF the antnoritlo;
convinccs me that the better reasoning with thosa
who deny the necessity OF settling out the means by
which the SonsprsSy shall @ be carried into effect u
the conspiracy and then ses out the overt acts dons
to carry II into effect IL sufficient and II is not necss.
The OF he aSs % done e,sst S e e c8 fs
object Of the eonspracy, and which must be proven
ofan ayerment of means agreed on TO carry i into
effect The objection TO the Indictment is not well
ONE OTHER AUTHORITY
| on that subject, In the form of precedent which
Jersey Il is In Precedents and indictments" lin In
! the last volume OF Wharton Inst edition. II "a
| stated there that ]. W. and Others wore commits
| sioners 10 make an estimate Of the damages TO be
sustained II sets forth theirseveral puit Hons and
then charges conspiracy In these terms; l'Sa
The ssd Jurors aioresad geon Their osths afos:
there one orthe eSmmssieners for the opening o!s.d
said @ Seas s1qn them and t6STs an aasra sSP os &
CITY aoresaid being eyildsposed and dishonest per
ISs. and EnoSlnslys eorrspiiy, and aniawfaiiy o
council on ihe day q and within The JarlsdIs.
eonspre combine confedsrsie and agree tcssiber q
|, !, cheat and delEaud The SAID ingyor and cpmm9u
S s sa IA q s Saaes aSa Ss
ofthe ofih e ely 81 ~, ana o.her valuable things.
THIS INFoRMAriS2S CHARGES
lsaEy ANA and sasasy as In rhSmss
ner, French, Brown, and McDOnough cpssssDlreq
to defraud aud cheat the United States out ~
large sums of money In connection with carry
Ing the United States mails and the compensA-
ton therefor from Prescott TO Santa Fe, on route
change and presents the overt acts which 1t is OK
charge, That brings me, 4 Your Honor please,
present TO the consideration Of the Court.
will not dwell longer upon this in
Trajectory, and ridiculous. But when the eye Of
pure, enlightened criticism is applied TO H. 1t wiz
be found tlat IL IL clear, OlhtincL ana pam
statement of the crime embraced in It, and one that
will justify by ample proof the conviction Of tho
defendants unless they can vindicate themselves
not BY extraordinary and peculiar legal positions,
but BY an accumulation of facts from the accuss-
tions
CONTAINED IN THE INFORMATION.
II Is said that there has been delay. Why, Your
Honor Thomas J. Brady, until March last, and for
years prior. stood as with flaming sword at tho
entrance portals of the Post. Once Department.
lie spake and IL was done. He commanded and
the command was obeyed. Let me not misrepre-
sent him. Let me do him no injustice. In paper
lled before the Congress of the United States In
1880, he says:
While done, OF course, by authority and In thQ
name OF the Postmaster,jener yet All increase Of
proyisIon for incressed ceerty has been made under
my personal supervision and by my express direo-
1t was only when Thomas J. Brady was re-
quested TO disappear from the Post ONCE De-
partment that an opportunity was afforded 70 ex.
as they were among mass OF documents and nngi-
tive pieces OF paper Aud how, with what pro-
iondanis to chide the United States for delayY IL
was no easy task TO ascertain the accumulations
q filth and % wrong in hS ;ne A1seqn S stables tho
I'm the possession of Thomas J. Brady and IL hah
| required almost herculean power to let in the
petrated while he presided over that Department.
II was inevitable delay. There may be moro. But,
II Your Honor please there are truths n the world.
ferring 10 tho copies Of the New Testament used
In the administration OF oaths TO witnesses).
"YouR sins WILL FIND YOU OUT"
II may require time. II may have been sown
amid the sunshine of prosperity and tranquility.
but tile rending storm of Investigation will come,
when all iniquity win be exposed.
The mills OF the Coda grind slow
hut grind exceeding small.
II requires time for the avenging Gods to put
their grinding mills in operation. but II Wilt be
aSns Says 70 y
AUeTnf; sed Tetocdre 0rdduR snperosQHe aqddc