National Republican. (Washington City (D.C.)) 1872-1888, 1881-10-12
THOMAS j. brady
j. II. FRENCH.
w. L. TURNER
subscribed aud sworn TO before me this 10th day OF
october, n. ID. 1881. W.T.. s, CURTIS,
NDtury publip. ID
In the Supreme Court of the District of Columbia,
holding criminal term. June term, 1881.
UNITED STATES ! Information for n con-
pS SpiraCy to leirAul the

In the supreme Court Of the District of Columbia,
holding criminal term. June term, 1881.
UNITED STATES / Inflammation for a CON
THOMAS j. BRADY ct aJ T nfSSGy s ia sSr''d the
And now come the said defendants (except the dc.
PENDANT George L, McDonough), aud move the Court
10 rcsclnd the order made September "a, ISL tho
William a. Cook special assistant, whereby the in.
formation In the above entitled cause was permitted
s Of Ills court for Tie oow % Sase o WIN the
FirstaNo notice Of the application for leaye TO file
ants and NO opportunity to resist such application
COURT Is wit n SSf 81 TO take
c2gnlzpnce Of me matters and things set forth and
TRird"The matters and things charged as an of.
Tense In said information appear by the face thereof
cation for leave to file was made AMI no excuse for or
explanation Of such delay was given or attempted,
and I IL support there # , are insqilisient
torzcd by law and is contrary the practice OF this
court
PENDANTS against any law OF the Unlel states.
Information as having been conspircd To be done
were Impossible of execution by the defendants or
Elshths;; because the said information is not flied
by my officer of the law authorized to bring forward
because at the time of the alleged acts there
had been IN force regulation ofthe said
Department In lhe words following, TO wit;
allowing thcie.or pro rata Increase on
pntures and arrivals in aIl eases and parenlarly 10
make them conform TO connections with railroads
without increase Of pay provided the running time be
not abridged lie may also order increase OF speed
GGwng within me Restrictions 0rtne law pro rdt
any which regulation was made long before the said
and continued in force without change until July l.
lsg ana prior TO the tlne the said Brady became Sec
paTtment to require Of The eontTn lsi% Ia
statement, under oath, setting forth the ad,
form the service the increase ofspecd and TO make
the calculation for the increase of pay account OF
for IN the original contract, If the number Urtrps
mad been increased then upon the number of trips
o. rnS In pursuant 70 SAD regulation and rule Of
the additional stock ami carriers required 10 perform
the service rs expedited, as set forth in said norma
his compensation in strict accordance with the rule
aforesaid that on the LIST day ofJuy 1879 the follow
ing regulation was adopted, Wis
"When i becomes necessary to increase the speed
any route the contractor win lie required TO state
under oath the number of horses and men required
perform the service according TO contract schedule
Sns AZ number TO shr sI WITH the pro
tlnued in force unt the said Brady tscd 10 be Sec
in iorce aud he said rule of compniaticn or cale leu,
latlon hereinbeore set forth continued In operation
time said Brady ceased to be second Asssnnt 70 a ND
pursuant to last quoted regulation tlesaid Walsh made
perform the service according to contract schedule
and the number required 20 perform II with the pro.
70 and set forth In said Information having relation
the oxped on under the contract Of said Walsh was
made N strict conformity 20 the said rule and to the
lOng-establshed and settled construction of law In
that behalf which rule and construction had pre-.
vailed In said Department long before the said Brady
became Second Assistant Postmaster.General and
before any Increase or expedition of service
was made with reference 20 said route ,4OOl,
lion, the same had been pelOned for and urged upon
The Department by officers of the United States dis
charging their duties IN the said of rizuna
ANA New Mexico, by Governors and cN.GOYeTnOTS of
said Territories, by mel chants, BANKERS and other
business men aud citizens of sad TerrltOr familiar
with the Interests aud needs OF the public In the mat
ter of mail transportation In said Territories and
tween santa Fe and Pre- colt by letters, teclgrams,
and petitions, many OF which were on file In the ne.
partment before said expeditions and increase were
made, and before October /, 1878, and had continued
file In said Department, aud were stlli on lille when
the said Information was presented TO the court and
said Brady and French had ceased to have any OH.
cal relations to said Department was paid of
money on account Of service rendered ON said route
Ia the quarter ending March 81 1884, aggregating w.
1905, being the amount of the contract price that
would be due him under said contract for expedition
and Increase II he had fully performed the service.
SHELLABARGER Il WILSON,
Attorneys of Brady, FienCh, and Turner.
JEFF. CHANDLER, for brady,
ENOCH TOTrEN, for Brady,
r. q. INGERSOLL,
Attorney for Brown