The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-11-05
ROBT. G. INGERSOLL.
He Makes His Opening Speech For
the Defense In the Star
Route Trial.
Why His Client Should Not be Held
Upon Information Filed.


Washington, Nov. 4.-The argument
on the motion to set aside the criminal
information in the star route cases was
resumed this morning. Geo. Bliss ad-
dressed the court on behalf Of the gov
ernment, and gave reasons for seeking
to file the Information a follows:
1.-The grand jury had been adjourned
till the third Of October. and what we
regarded as the most important and eff
fective overt acts in pursuance of this
conspiracy, had taken place on the first
Of October 1878. 1t was open to claim,
therefore, that under the three years Of
statute limitations, unless the proceed
ings were commenced in court before
the first of October '8l they would be
barred. Under the statute we were
placed in a condition that II we did not
file or seek to file the Information, we
felt that we should not have done our
duty to the government; we therefore,
adopted the proceedings by inform
alton subject, of course, to a motion
to set aside. 1 think that we
may claim to be here without being ex-
posed to the denunciatons which we
heard yesterday Of having made an nt-
tack upon the people. or Of having un-
dertaken to vitiate their rights. Brady
having substituted himself In place OF
the people, we have no desire under or
dinary circumstances to proceed out
side of the general practice In criminal
cases. We have no desire to avoid the
grand jury and we think we might
as well charge that the other side is
seeking to avoid the petit jury, as for
them to charge that we are seeking
to avoid the grand jury. We have
no desire to do it. except where
we can show a cause why it should be
done. argue that under ordinary cir
cumstances and without a good cause
being shown. the proper and expedient
way is to proceed before the grand jury.
Bliss cited from various acts that the
prosecution had right to proceed by
information in criminal cases, which
have been repeatedly recognized by con-
gress by authorizing the original pro-
ceedings by indictment or information.
The right to file. information in some
criminal cases being clear, both under
the statutes Of the United States and
under the decisions of the court, the
question remains whether the crime
charged In this information is allowa-
BILE. The only possible limitation to
the right to file information is found in
the fifth amendment to the constitu-
tion, already quoted. Tho argument
prevents the filing Of information for
capital or otherwise infamous crimes.
Tho offense charged in this informa-
tion being clearly not capital, it only
remains to ascertain whether it is in
famous.
Bliss gave numerous citations of de-
cisions as to what crimes are infamous,
and held that there was no case hold
ing conspiracy to defraud, or con-
spiracy generally, to be an infamous
crime; and that any passage in the text
books which seem to SO hold, are not
intended to apply to any conspiracies
other than those which affect the ad-
ministration of justice, or are based on
Misrepresentation. The cases cited sus-
tain them. 1t allows that conspiracy,
such as is charged in the case before
the court, is not an infamous crime.
But, IL the court should regard the
question as doubtful, the safer and
fairer way is to allow this case to pro-
coed, as all the rights of the accused
will be protected, and those of the gov
ernment saved If there is conviction,
and the higher court will protest
against its final judgment If its. very
basis is adjudged illegal. On the other
hand, If there is an acquittal, no injury
will be done, and the defendants will
obtain what they insist is their due.
Section $40 Of the revised statutes
declares that II two or more persons
conspire, either to commit any offense
against, or to defraud the United States
in any manner, or for any purpose, and
one or more such persons do an act to
effect the object Of such conspiracy, all
the parties to such conspiracy to COM
nit crime are liable.
The information certainly, in terms,
charges this crime against the defend
ants, and therefore it is submitted. It
charges such crime in legal and IN
proper form: The prosecution claim
the right to come here and ask for con.
vlction, on the ground that Brady being
entrusted with discretion did not exer.
else it honestly and in good faith, that
he did not exercise 1t in the purpose Of
the people and for the good Of the gov.
ernment, and that he knew he did not
Bliss, in conclusion, combated the
proposition submitted yesterday by the
counsel for the defense.
Col. Ingersoll followed for the de-
fense: I first call attention to th,
question Of the probable cause; and Ii
the examination Of this question 1 moi
only have the right. but must necessa
riIy Inquire into whatFis charged In th,
information itself; because. the cour
wiz remember, that the charges in th,
information were made part of tn,
amdavits. and the affidavits, togethe
with the information, are all the evi
aence at all probable to the cause Il
TINS case. I do not wish to examin
the information for the purpose of de