Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-04
THE STAR ROUTE CASES.
Messrs. Brady, Brown, French and Turner Ap-
pear in Court with Their Counsel.
THE PROCEEDINGS TO-DAY.

This morning, in the Criminal Court, Judge
late clerks in the Post Office, who are included
in the star route information filed on Friday
last, appeared. Shortly afterwards Messrs. 7.
J. Brady and s. P. Brown appeared. with Col.
R. G.. Ingersoll Mr.. Chandler, J. Hale sypher,
Hon. Jere Wilson and Enoch TOtten as counsel,
and Mr.. VIM. A. Cook on behalf Of the govern
| ment.
Mr.. Totten said that few days since paper
called an information had been filed against Gen.
Brady and others. and they now desired to file
motion to quash, and that an early day be fixed
for argument.
Mr.. Cook said he would object to the filing of
any motion until the requirements of the law
are complied with. They should first give bail.
Until that is done they have no legal standing
in court that wouli justify the filing of a
motion.
Mr. Totten then said there need not be any
question on that point. The parties are here
and we are ready to ask your honor to fix the
bond.
Mr.. Cook.-"Wen, when that is done the
motion can be fled" He then said 'The eues-
ton has been one of some perpleXty as to what
amount of bail We should ask your Honor to re-
quire The amount. according to the infOrma-
ton. of which the government has been de-
frauded is not less than $3.50. 600. On page 4S4
OF richardson's edition of the laws of Congress
find this provision: That section 4,440 of the
Revised Statutes is amended SO as to read as
follows:
"'1f two or more persons conspire either to
commit any offense against the United States or
to defraud the United States in any manner or
for any purpose. and one or more of such parties
do any act to effect the object Of the conspiracy
all the parties to such conspiracy shall be liable
to penalty of not more than $4,000 or to inn
prlsonment for not more than two years. or to
both fine and imprisonment in the discretion of
the court
at suggests itself to me that as the maximum
pecuniary penalty is fixed by the act of Congress
at $4,000 that the bail should be fixed at that
amount, adding to it sum, perhaps, sufficient
to include possible costs of prosecution. would
suggest to your honor that the bail ought not to
be less probably than $4,000. This is SO much.
however, matter of discretion with the court
that only now suggest that Congress seems to
have placed it's Pecuniary conception of the
character of the crime into the law in fixing the
maximum penalty at $4,000"
Mr.. jeremiah Wilson said:--"I do not propose
If your honor please, to enter into any particular
discussion in regard to this case, so far as this
matter now before the court is concerned. 1
wish, however, to suggeststhat in fixing the
amount of bail the court ought to look into
this information, or this pretended information.
ITSELF in order to get at the character of what is
alleged against these defendants. l will give
you an Illustration. There are fifty printed pages
of this information. Take, for example, the de-
fendant Mr.. Turner. He was simply clerk in
the Post Office department, and had certain
duties to perform there. They aege
in the beginning of the first count that Turner
conspired with the Others. Then, a little fur
ther on, they state what Turner's duties were:
and then, so far as thatcount is concerned. Tur-
ner is dropped out of sight altogether, and is
never seen again at all. Going to the second
count they allege that Turner and these other
people conspred together, or that Turner con-
spred with Brady. Then again they set out
what Turner's duties were as clerk and little
further on they say that Turner made certain
calculations as clerk. and that is all that ap-
pears against Turneri in that count. In the third
count they make the same preliminary remarks,
and again aver that he made some calculations,
having been directed to do SO. and it being part
of his duties as clerk to make calculations in
which certain increase Of service sand eXpedi-
ton of service were involved. That is all that
is charged. If your honor will examine it YOU
will see that this is the general character
OF this information, so far as Turner is con- |
cerned and so far as French is concerned !
Now, when the United States. after having gone
through the laboriOus examinations which have |
been indicated to your honor when this inform !
alton was filed, is not able to present any
thing more against these two defendants than |
they have in these three 1abOred counts it |
seems to me that to ask SIS 900 or $40 900 bail
orS5. 900 bail of these defendantsis asking little
more than the court in the exercise of it's sound
discretion ought to grant. What l have SAID |
applies in full force to every one of the other |
defendants. My friend. Mr.. Ingersoll. who rep |!
resents Mr.. Brown whom do not represent, |
will pardon me for abiding to another thing by |
way of illustration of that of which am speak |
ing. Mr.BrOwn is alleged to be one of these con-
spiratOrs in the first count of this information |
yet his name does not any where else appear in |
that count. In the second count they say that |
Mr.. Brown had an interview with Gen. Brady |
in reference to making these alleged expeditions
and increases of service and compensation |
without even alleging single thing that Brown |
did that any man might not with the utmost |
prOpriety have done.
Then, when they come to Gen. Brady the |
gravamen of the case against him is that he did |
not exercise sound and judicious discretion in |
the discharge of his duties as Second Assistant |
Postmaster General. There is an immense |
amount of verbiage in connection with this |
thing, but when you come to sift it you find that
this is the character of these three counts that
are presented against these gentlemen. There |
is nothing in the information that warrants your |
requiring any higher amount of bail to be en-
tered into by these gentlemen"
The COurt.-"I have not had time to read the |
rect?"
Mr.. Ingersoll.-"1t is printed here, and what
is annaa sad concerning CO.. M can easily be verified
sets forth that he conspired with the rest. That
ls IN the first count. In the next counts it is set
forth that he agreed to use his influence with
one one OF the conspirators to act in pursuance of
the conspiracy-that is, it is alleged that he,
Brady and others conspired and that his part Of
the business afterwards was to use his influence
with Brady Chat is to say, with one of the con-
ssplrators) to carry out the conspiracy. That is
his offence, and that he as an attorney or agent
undertook to get the expedition. That is all
now that Is charged against him. 1t is some
what inconsistent to say that q man agreed to
use his influence with one who had already con-
spired, or that the conspirator would need any
great amount of influence to induce him to go
on with the conspiracy; but that seems to be the
role OF MT Brown; and under these circum-
stances think the court should fix the bail at
an amount great enough to secure the attend
ance OF the defendants That, I understand, is
the only object of bail, and whatever amount
that may be the court, suppose, can fix about
now much an information Of that character
would be likely to frighten man even if he
were dishonest. With whatever amount the
court fixes we shall be satisfied
Mr. Cook.-'I beg leave to suggest that the
information having been filed and the process
issued, the question as to it's character is not.
at present. before the court The charge is one
OF conspiracy, and as such it appears upon the
records of the court. Is is not my purpose at
present to reply to the misconceptions enter
tanned by the learned gentlemen in regard to the
paper itself: There may come proper time for
doing SO, but 1t is not now, nor to-day but
ly,n - -.