New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-09
AT THE NATIONAL CAPITAL.
TWO IMPORTANT CASES IN COURT.


PAPERS. -,
Tn the Criminal Court IN Washington YESTERDAY
Mr. Brewster of counsel for the Government III '.o
Star Route cases. delivered powerful arguio"s -
opposition TO the motion to SET aside INC 80
ings against the alleged conspirators III WV -
Conrt Mr. Scoyille of counsel for uui'e""'
the motion previously made by MS aSs"1i"'o' -
The priyate papers taken from bis chen' 20 P--''
nv an order of the Court, where they WOMB W g.,
cessble to him, claiming that they "o",N " ~.
IN rrenarinc his defence. The report OF the firS'
Controller of the treasury was S0ii' " WV
of the Treasury yesterday.
APcIrMENT IN THE STAR ROUTE CASES.
arm BREWSTER IN DEFENCE or THE PROCEEDINGS
ny ACKNOWLEDGEMENTS ARRANGEMENT OF
yIOLAToRs OF PUBLIC TRUsT-EsIiMAiE of
PERSONAL HONOR IN THE ARMY
WASHINGTON, Nov. S.-The argument in the
Gar Route cases was resumed in the District Supreme
Court this morning Mr. Brewster Of Pennsylvania on
tbe mart OF the Government proceeded TO ADDRESS 'e
Court in defense Of the form OF criminal llioiil'
He gave an epitome Of the period OF Enshsh hi'oiy
when this writ had been most commonly usou' w
argued that when the Court of Star Chamoer was et
ov in the civil revolution the forms of law were leit
uutorched For himself he would have preleneu
70 have had this case presented 10 tno "i"H
Jury: but circumstances prevented IL anu
made that remedy impossible. If In the OPINION
n
torhidden and nadnissble If il would work ba1 re-
anti nv establishing dangerous precedent it should be
So declared Counsel for the Government Woulu nave
done their duty; the Court would nave uoHe
its duty; and the law would DC hdlht"l"ou'
Counsel for the Government wished to strain nothing
70 press nothinennd3 but they wanted the Judgment
of the law for the protection of the public He man
tanned that what had been done in the matter aa 0eeh
well done ard done according 20 the forms ana pIeoe
dents of the law could do little else thap supple
1nent what had been said, and summarize "na' n"u
been presented.
feIer there was case which had to stand upon adj
Indicated authority it this Counsel had to
stand lpon the authorities that surround the PROPOSE
itions submitted All eXtraneous rehecllOns on the sun
ieet were irrelevant understood that proceeding by
information dnstead of being entirely exceptional as
represented by counsel for the defencc was very COM
mon in the District Columbia All the proceedings IN
the Police Court of the district were under an act Oh
Congress) by information And there were other cases
where this method although not the common method
OF prcedure had adopted He asserted that there
was not a law book not a law authority, which
did not recognize emphaticaly that this was remedy
proper to be adopted and that 1t In no way IN dero
cation of private right or public duty IN inns cue trg
was no suppression of the Grand Jury NO such tng
was intended 1t had been used Just as u was lntended
that such process should be used IN snch an extremity
and il was to the official discretion of the Court that
counsel for the Government had appealed isS ntH
authority learned in law They had done it for the
good Of the public to yndicate p3Pnc dIy 10 P %
aoSed nv the highest legislative authority Of the land
statsmept to be made up from the reports OF District
Attorneys all over the country showing the NUMBER OF
had been resorted to- and he found from the report of
Department that there was wilderness 81 sucn
cases. all sorts of criminal proceedings snort OF felony
and capital offences and approaching 70 tne very veso
as an effort to sink and sneak out Of observation an e
fort made on the part OF man whose honor was I'M |
The pnbic robbery attempt TO trampe down the
law and evade responsibility which every man OF honor
n1ieifa nd
Ge took no and replied to the objection that the lnfor
marion was moi based on sufficient testimony and he
f 4eien t"'' '-' "'' ''' ''' - - 49,
A SHORT RECESS.
At this point Of argument tAr. Brewster pleading
,ieh fatigue) recess was taken. After the Mr.
Brewster resumed his argument, contending that the |
Information was sufficiently sustained by the aidays &C
eompanvng it, Passing 10 the question as TO whether
the crime charged infamous, he declared that no
other proposition could be sustained by authority from
the than that what was supposed TO be an na-
nous offence by law %aS ta bIt TO the cRacep
Of the crime aud he maintained thae tho character OF
Was not book that DID lay down the rule that those
offences which connected with conspiracy 10 take
life or TO q of law by false accusation |
alone the offences included within the category OF
Much had been said by the defence which had rather
startled him 1t had been said that the offence OF CON
law lie should ike to the authorities for that Was
the Court be told here that the law OF the United
States Imperfect that man could not be indicted
conspiracy 10 do an act jointly unless there wac
would justly Indictment against mln
fi1gy The wit OF could not conceive OF any protec-
tio Tor society such doctrine prevailed Should be
%ere 50 dsfeucesss as ha We're they bound hand
aud foot to this deyitry OF robbery ana pecuation
the respect he bore for the counsel for the defence he
would say, Reject y with contemptu9us aohorrence
into the law" That would emasculate public justice and
fipuet when that day comes that law then
this Government then ends the liberty OF this people
The honor of the Civil Service was as sacred 10
4OO0O000 of people as was that OF the Amy or the
sb"wy thai there was the slightest touch
S TAN, S az s4Hmned ana de scd BY his eth en- hs
Jaw would with him, but there higher law,
mai better be dead lie related feeling aud dramatic
the story Of the Prdss an Field Marshal whose
ys ht W the father the monej, TOOK ton INTO
having down a pistol said You your duty" and
leaving Informed by the report Of the ps
tinued Mr. Brewster, military honor; in the name
OF God LET have i in the Civil Service" Applause
had mad great trust GondeG to hs and any
ton. Their own honor demanded it. The honor of the
Civil Service demanded II, SO that should they be
fnat were they Innocent should removed
from the service BY an honorable aeqGlttaL /, .,,
son, wish your honor 10 strain the law We wish on
Ss Of the @ 1S 70 10 Se e Ser
after and hind:anee to the fair administration Of pub
Is declared 20 us the law as i is given 70 by
sau;e to be maintained main W. We s.,, wish to force
complaints II you should now in your wisdom respect
ing the aud nothing else, disregardng all emotional
and sympathetic appeals, determine that this nforma
tion any whatever that apparent 10 yon,
manifest improperly presented set II aside. We
have done duty-al we can do IN this respect But
this end of this business There other and
grave offences of greater magnitude than this that
piled up "Pelicn on ossa" which we will present ac-
cordng to those OF litigation and by those methods
OF proceeding which the defence seems 30 s0eitous 10
geek In time and in due way all that will be done;
but that which have DONE We do assert land stand
here 10 maintain to hat been done legally according
60 the due form of orderly litigation known 10 comm on
law, sanctioned by the Constitution, authorized by
statute and maintained by adjudication