Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-10-05
THE STAR ROUTE TRIALS.

y, L.
that counsel for the defendants in the star
route cases would this morning make motion
10 quash the information filed against Gen.
Brady and Others, there was large number Of
lawyers and others present in the criminal
court room. Court having been called to
order, Gen. Brady and Messrs. French, Turner
and Brown entered, accompanied by their
counsel, Robert G. IngersoI, jeremiah Wilson
and Enoch Totten. The government was
represented by District Attorney Corkhlll and
William a. Cook. special assistant Proceed
ings were opened by Totten, who said he had
found that paper called an information had
been recently filed against Gen. Brady and 9TH
ers, and he wished to enter motion to quash
that paper. He asked leave of the court 10
file that motion, and desired that day be
fixed for its argument. Cook objected to
filing motion or presenting one for that pur
pose when the information had been filed,
and been accompanied with the order of the
court for the appearance of the party. Until
they did appear and give security to answer,
they had no legal standing. Totten replied
thai the parties were all present in court and
ready to ask that the bonds should be fixed
THE BAIL.
Judge Cook inquired whether counsel had
any suggestions to offer as to the amount of
bail. Cook said that according to The infor-
nation of amount out of which it was
sumed government had been defrauded was
stated at S250,000. According to an act of
congress, bail in cases of conspiracy to de-
fraud the government was fixed at $4,000.
He would suggest, however, that in order to
cover possible costs the bail should not be
less than $4,000. wilson suggested that in
fixing the amount of bail court ought to ex-
anime the pretended information in order to
learn the character Of the allegation
against the defendants. He in
stanceI averments against Tur-
ner and French, which consisted SIMPLY
of the charge OF conspiracy aud the making of
some calculations, and said that upon such
ayerments a bail of $4,000, or $4,000, or
-. 900 was a little more than the court ought
to grant. What Applied to those two gentle
tlemen applied to all the defendants. The whole
gravamen of the case against Gen. Brady was
that he did not exercise sound and judicial
discretion in the discharge OF his duties as sec
ond assistant postmaster general. There was
nothing in the information, that he could see,
that would warrant the court in fixing . high
amount of bail. Col. Ingersoll, who appears
for Brown, contended that the court should
only fix bail at high enough amount to Sc
cure the attendance of the defendants. Cook
said the question of the character of the in
former was not a new one before the court,
but when it came to q question of evidence
government expected to produce adequate
proof to sustain the information. Judge
Cox did not think this was a case which
would require any very large amount OF bail.
He would examine the information tonight,
and fix bail tomorrow. When the bail was
fixed he would determine upon a day to hear
argument on the motion to quash the inf0r-
nation. It would probably be some time next
week. Totten's motion was then filed, and
the defendants discharged on their personal
re cognisance.
1t is understood a motion viii be entered
tomorrow by counsel for the defendants in
the star route cases to quash the information
proceedings began Friday last. In addition to
the reasons already announced the motion
viii include want of jurisdiction in the court,
and that there is no offensive charges against
the defendants; also that the proceedings in
volve a review by the court in collateral
manner of the alleged abuse of discretion by
the executive and legislative departments of
the government.
TRUE BILL.
The grand jury concluded examination of
the Guiteau case at IL a. IN. having examined
several additional witnesses, and examined
Surgeon General Barnes and Dr.. Lamb. A
true bill was voted unanimously. The jury
did not return it at once to the court but took
up another case. About O'Clock the jury took
a recess, and Foreman Churchman proceeded
to the office of the district attorney and
placed IN Corkhill's hands the presentment
against Charlas Giteau for the murder of JAS
4. Garfield, president of the United States,
by wounding him with a bullet fred from
pistol in the hands of Charles j. Giteau, at
the Baltimore & Patomac depot, on or about
the ID day of July, a. D. 1881.
BANK TAXATION.
WASHINGTON, Oct. 4.-Commissioner Raum
to-day rendered the following decision relative
to the taxation of banks and bankers:
TREASURY DEPARTMENT, Office of Internal
Revenue, Oct. 3.--When deposits are made of
checks or drafts which are Immediately car
red to the credit of depositors, and which are
subject at once to payment by check or draft,
they must be treated as taxable deposits on
the day the same are received, and entered to
the credit of the depositor, but in adjusting
daily balances of deposits, clearing
house statements will be recognized and banks
and bankers will rectify balances appearing
on their books at the close of each days dis
miss by reducing the amount of checks re-
ceived from the clearing house each morning,
treating such checks as though they had been
received and charge up before the close of
business the previous day.
Where a banker has borrowed money upon
pledge of stock or bonds for the pur-
pose of completing payment of
some stocks, or bonds, the money
so received cannot be treated as deposit
within the meaning of the statute. Where 4
banking house receives money for immediate
investment in bonds or stocks, either in par
till or full payment for the same, and such
money is so invested on the day it is received,
or on the following day, it is not deposit,
but when the money is received for future in
vCstment in bonds on stocks, it would be sub
ject to the order of the customer and must be
treated as a deposit subject TO taxation.
Where a broker sells bonds or stocks re-
ceived from or held By him for a customer,
and remits the proceeds on the day the same
are received, or the following day, the amount
is not a deposit; but where such proceeds are
carried to the credit of customer, and held
subject to his check or draft, such money is 4
deposit.
Banks and bankers who negotiate for and
borrow money, to secure the payment of which
notes are given or bonds or stocks pledged,
the money so obtained is not a deposit, and Is
not subject to taxation as such. Deposits
made with bank or banker, mixed with other
funds of the bank, although received for speci-
81 purposes, such as, for instance, to pay
dividends or interest coupons, or to provide
for other payments are subject to taxation.
But special deposit of money held intact, TO
be returned to depositor is not subject to tax
alton as q deposit.
Bluks and bankers when making up their
e Ar.-4% HI,