River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-11-10


sustain this proceeding. If you decide
that the party be prosecuted for an of
Tense which has not been defined by
any statute, as you must do if you
srstain this proceeding, you will have
put the law of this nation back where
England was 200 years ago."
Wilson spoke for over four hours
He was followed by Bliss, of the gov
eminent counsel. He said that it APP
peared from the argument just made
that the defense had other objections to
the information, and that there we're
other propositions to be made against
it. He instanced remark of Wilson
to the effect that section $40 had been
repealed, and that point would be
made upon that by one of the other
counsel for the Defense" He thought
1t fair before the prosecution should be
called upon to answer all the PROPOSE
tons that the defence should be stated.
Cook also contended that Ingersoll
should present the case of Brown, his
client, before the prosecution should
be obliged to go on.
Ingersoll.-I suppose that after we
shall have heard from one of the learned
gentlemen on the other side, it may be
in order to say a few words in regard
to Mr.. Brown, but | am free now to
contract that if either of you gentle
men successfully answer the argument
that has been made, / will say nothing
about Brown. daughter
Bliss said he wished to be perfectly
fair about the matter. 1t might hap
pen that some of the points which he
was to answer would be presented by
Ingersoll, which would necessitate his
Bliss, again addressing the court.
He thought, therefore, it would be bet
ter for Ingersoll to proceed him.
Ingersoll-I may say for the en-
lightenment Of Mr.. Bliss, that l
shall insist that the facts set
forth in this information in regard to
Brown, even if all be admitted to be
true, do not constitute any offense;
secondly, | shall insist that the facts
set forth in each and every count are
contradictory, absurd and impossible.
(Laughter.) 1t is impossible that any
such acts should be done in any such
way. Now that is my general state
ment-that there is nothing in this in
formation charging Brown with any
indictable offense. Whether an infor-
nation needs facts is another question
shall insist that it is impossible
that Brown ever conspired with
Brady 20 influence Brady, and that
Brady ever conspired with Brown
to get Brown to influence him (laugh-
ter). / shall insist that Brown never
conspired with Brady to give the con-
tract to McDonough, and that thereup-
on McDonough never conspired with
Brady and Brown to have the con-
tract declared null and void. / shall
insist that McDonough never coaspired
to cheat himself, and that he never
went to the extent of hiring Brown to
help him (laughter). / shall also in
sist that it is not within the horizon of
the probable that any man ever paid
eight or sixteen hundred dollars to get
another to conspire with another man
as well as himself. to defraud himself.
Now think | have given the general
view Of the course | intend to pursue,
so far as Brown is concerned. | shall
also insist that the affidavit of James
to the effect that certain contracts
are on file in his office does not tend
to show that Brown went to New York
with an illegal object. shall also in
sist when James states in his affidavit
he has had conversation with certain
persons, that these persons shall be
brought into court. | shall insist when
he speaks of contracts that those con-
tracts shall be brought into court. /
shall insist the same in regard to the
affidavit of Woodward and finally, /
shall insist land here Ingersoll dropped
his bantering tone and spoke seriously,
emphasizing his remarks with blows of
his hand on the table) that in this
country or any other country Saxon
blood gives evidence of liberty and
manhood. The grand jury stands be-
tween the citizen and his caluminator,
no matter if that caluminator is an
officer of the cabinet or the president of
the United States.
This sentiment was loudly applauded
by the spectators, and it was some time
before order was so far restored as to
permit Ingersoll to proceed, which he
finally did as follows: 81 shall also in
sist, before ! get through with the case
of Brown, that the grand jury is placed
between citizen and his reputation to
provide for precisely a case like this.
| shall insist that when high official
of this nation states, though he has not
yet convicted him he has branded him,
| shall insist that the grand jury stand
between that official and citizen and
preven5 him using that brand. shall
insist that the information has been
found improperly, illegally and con-
trary to the spirit of American liberty.
Now ] have given you a general view
of the course | intend to pursue"
daughter, which was increased by the
serious manner in which Cook inquired
of Ingersoll the authorities upon which
he relied. After some sarcastic re-
marks between the counsel it was
finally agreed that Bliss should open
for the government tomorrow morn
ing, and that he should be followed by
Ingersoll But if the latter should adj
vance a proposition to which Bliss
might desire 10 reply to he would be
permitted to do SO. The court then
adjourned.
WASHINGTON, Nov. 1.-THE argument
on a motion to set aside the criminal
in the star route cases was
resumed this morning. Bliss addressed
the court in behalf of the government.
He gave the reason for seeking to file
the information as follows: The grand
Jury had adjourned till October Sd,
and what we regarded as the most i'm
portant and effective overt acts in1pur-
suance of this conspiracy, had taken
place on the first; Oct. 7th it was open;
to claim, therefore, that under the
three years statute of limitations, I'M
less proceedings were commenced in
the court before the list of October,
1881, they would be barred under the
statute. We were placed in the condi-
ton that if we did not file or seek to
file an information, we felt We should
not have done our duty to the govern
ment. We therefore adopted pro-
ceeding by information, subject, of
course, to a motion to set aside.
think we may claim to be here without
being exposed to the denunciations
which we heard yesterday, of having
made an attack upon The people; of
having undertaken to violate their
dearest rights; Brady having substi-
tuted himself in place of the people.
We have no desire under ordinary cir
to proceed outside Of the
general practice in criminal cases. We
have no desire to avoid the grand jury.
and ,re think we MIGHT inst as well