The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-11
ON A TECHNICALlTY.
DECISION IN THE STAR ROUTE CASES.
JudEs Cox Ordsu the "InfOrnatIpn" EzpSRgsd
Frsn the COurt Records, and Discharges the
Ds6ndantI-Ths GTAnd JuEy VIII Now
Have . WhAek At the Thieves

The conclusion arrived at was that thu
crime was infamous, and the accused
should have been proceeded against by in
dictment He therefore sustained the mo
ton expelling the information from the filel
Of the Court, and ordered the discharge o.
the defendants.
After the rendering Of Judge Cox's dc,
clsion, Mr.. Cook said 1t was deemed proper
that he should make a statement which
had been purposely delayed till this time,
with reference to the fact that the case
against Thomas j. Brady and others had
not been presented to the grand jury. His
Honor's decision having been rendered
it was due to the public, TO himself us
special attorney for the United States, Ia
his colleagues and associates, and TO the
superior officers Of the Government, to
state openly and more fully than has been
done, why the more common course had
been pursued, and why information had
been filed The assassination OF the Pres
ident occurred on the morning OF the I'd OF
July. On the Monday previous, at the
| lGAuCdbt Alp lluu u
at the White House in regard to the Star
Route case. Alter full explanation, the
Presidentrexpressed himself Us fully salts
fed with what had been done, but urged
that the cases be pushed as rapidly rs pos
sible 1t was then his Cooks Intention
to complete the necessary preparations and
present the cases to the grand jury at its
meeting in September.
On the Saturday following the Nation
and civilized world was shocked by the an.
nouncement that Jas. A. Garfield was as
sassinated. All labor Us u consequence had
been suspended. Weeks OF intense anx-
iety followed. The present President, Ar
thur, Attorney General, Postmaster Gener-
al, in brief all the Cabinet had been over.
come with grief, almost paralyzed. Sorrow
and trembling had been In all hearts. The
Nation, the world had wept, feared, hoped
and prayed. The employees engaged in the
investigation OF the records OF the postofiiCe
and the procurement OF witnesses, had
been able to do little effective work. With
what propriety under the circumstances
could Il have been done by any one? II
had only been whenthe President fingered
and the physicians gave strong hopes OF his
recovery that labor had been fully resumed.
The delay has been primarily and chiefly
caused BY the assassin's bullet. II has been
an unavoidable delay of the investigation.
Several consultations had been held ut El-
beron, from which he Cook returned
on the eleventh OF September, so Us to be
here at the reassembling OF the grand
Jury. He had been Immediately recalled
10 Elberon, but on the 18th OF September
he hastened back to Washington TO pro-
coed with the case. On tho steps OF the
cars he had been surprised with the state
ment that the grand Jury had adjourned.
The Attorney.G GenGral was then at Elberon,
and could not have known Of It's purpose.
The nd journmcnt had been without thiscon.
currenCe, knowledge or desire, as II had
been without his [Cook's.] Neither from
the District Attorney, nor from the grand
Jury, nor from any body else had he
| tCook1 any notice OF the recess directly or
Indirectly. lie could not have anticipated
It, and II had been unusual and extraordi-
nary. The recess had been for q sufficient
length Of time to prevent an indictment
being found in this case. On account OF the
statute OF Limitation the emergency had ex.
listed, and in order to prevent q possible
failure OF the case the prosecution deter
mined to file the information, Though in
some cases 1t was an unusual proceeding,
Il had been regarded as authorized and
sanctioned by much approved practice.
Nothing else could have been done. II
had been said that on heslightest notice the
grand Jury could have been reassembled.
It had been adjourned from the 18th Of
September until the 3rd ot October. II
only remained in session two days,
"omhI;nc The recess hSd been ahso.
inin Wbcn ihc had SIheorJ h
'v ~ III. Can't IN Ntondov lasi net ane of the
cb;oi momhers nf The brand jrrv had
boon omt oi tbe dis,r;ctNnerbons 9,hsrs
MI A t,o.na,, GorsrSi nj ,ba Ti;S,r;ct A. =
toss,a,, v iii Ioi aaros as TO ~ shat nossSd ie.
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~ sa ne ,,,e,,sos "ud i. ~ ,,o.sor h"j bn hoan
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Su' ',,oo0iaJ 5 Iso,,, L;,,, ,.,osn ,rInn,,,,
H. oS ,Se Joy ~ h;s mn.oI;c;toj o,nn,ov.
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vms fman TrtiI III tbs % nressnt % SoTr u bs I Jovotsd 20 ii
sbn % ,,osI % ~ his timc to ihs Star Ro,,te
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