The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-11-04

| crlp6. In OCner WOTuS, lH0 COR
spiracy must be an attempt to do
that which, if done by one, would be
crime as held by the statute. Sup
pose, for the sake Of argument. the
accused had unlawfully expedited
star routes and increased the ser
vice thereon; was that IN offense
against the United States? no. No
statute has said so. Suppose the
accused did everything just as they
were charged to have done;
had any statute stated that it
was fraud? Therefore this
case did not come within the pro-
vision of section $40. He then
proceeded to critieise and ridicule
the courts information, denying
that the prosecution had shown any
OffenSe which had been defined as
such by the statute. The last
reason which he presented i'll sup
port Of the motion to quash was a
constitutional one. Under the con-
stitution no one could be held to
answer for any capital or
other Infamous crime, except
upon presentment or Indictment
by the grand jury. The crime he
charged was infamous, and therefore
could not be prosecuted by any in
formation. He called attention to
the fact that section 1140 of the Re
viSed Statues gave the police court
exclusive Jurisdiction over all
crimes and misdemeanors, not in
famous, thus implicitly defining all
crimes punishable by government in
the penitentiary, as Infamous.
Concluding his argument, Wilson
said: 81 know your honor appre-
ciates the importance Of the ques-
lions presented by this proceeding.
| 1t is not the accused alone who are
interested, the rights and interests
of all the people Of this nation, are
involved in this question. If you
decide that the district attorney can,
without evidence, prosecute citizens
for grave crime fOr that is what
you must do if you sustain this pro-
ceeding); If you decide that party
may be prosecuted for an
offense which has not been
defined by any statute, as
you must do if you sustain this
proceeding; you will have put the
law of thiS,nation back to where
England was 200 years ago.
Wilson spoke for over four hours
He was followed by Bliss, of gov
eminent counsel. He said. ut ap.
peared, from the argument just
made, that the defense had other OBJ
iectiOnS to the information and
that there were other propositions
to be made against it. He inStanced
the remark of Wilson to the effect
| that section 5,440, had been repealed
and that point would be
made upon this subject by one OF
other counsel for the defense. He
said he thought it fair, before the
prosecution should be called upon
to answer, that all the propositions
of the defense should be stated and
Ingprsoll should present the case of
Brown, his client, before the prose
cuti0n be obliged to go on.
IngtrsOll: suppose, as we have
heard from one Of the learned gen.
tlemen on the other side, it may be
in order to say few words in re-
gard to Mr.. Brown; but am free
now to contract that if either of
you gentlemen successfully answer
the argument that has been made [
will say nothing about Brown.
Oaughter).
Bliss said he wished to be per-
fectly fair about the matter. 1t
might happen that some Of the
points which he was to answer
would be presented by Ingersoll,
which would necessitate his Bliss
again addressing the court. He
thought. therefore, that it would be
better for Ingersoll to precede him.
Ingersoll-I may say, for the en-
lightenment of Mr.. Bliss, shall in
sist that the facts set forth in this
information in regard to Brown,
even if all admitted be true, do not
constitute any offense; sec
ondly. 1 shall insist that the
facts set forth in each and
every count are contradictory, alb
surd and impossible Gaughter). 1t
is impossible that any such acts
should be done in any such way.
Now, that it is my general state
ment, that there IS nothing in this
information charging Brown with
anv indictable offense whatever; l
shall insist that it is impossible that
Brown ever conspired witt Brady
to influence Brady, or tina Brady
ever censpired with Brown to get
Brown to influence him Qaughter).
shall insist that Brown never con-
spired with Brady to giVea contract
to McDonough, and that thereupon
McDonough never cousplred with
Brady and Brown to have the con-
tract declared null and void. l
shall insist that McDoneugh never
conspired to cheat himself, and that
he never went to the extent of hir-
ing Brown to help him. Naughter.l
[ Shall also insist that it is not
within the horizon of the probable
that any man ever paid 5000 or
! $4,000 to get one man to consplre
| with another man, as well as him
self, to defraud himself. New, L
think have given a general view
of the course l intend to pursue SO
for as Brown is concerned. 1 snail
also insist that the afndaVIG Oh JanleS