The Portland daily press., 1881-11-11
THE STAR ROUTES.
Failure of Prosecution by Infor-
nation.
THE BOTTOM DROPPED OUT OF THE
GOVERNMENT CASE.

WASHINGTON, NOV. lO.--ln the Crlmlnal
Court this morning Judge Cox rendered a de-
cision in the Star route cases, discussing prin-
cipally the question as to the infamy of the
crime charged. His conclusion was that the
crime is infamous and that the accused should
have been proceeded against by Indictment.
He therefore sustained the motion expungng
the information from the files of the court and
ordered the discharge of the defendants. AS
soon as the decision was rendered Col Cook read
a statement, in which he denied the allegations
of Mr. Corkhill that the prosecution had been
informed of the grand jury adjournment. If
the adjournment had not been concealed feom
the Government he said it had certainly had
not been told till too late. He admitted that the
proceeding by information was an afterthought
but said it was believed to be sufficient The
defence, he continued would have ample OPP
portunity to meet the grand jury and petit jury
in other analogous cases.
After the adjournment of the Conrt the &C.
cused were congratulated by their numerous
friends.
This action by the Court brinas the proceed
ings to an end for the present and frees the de-
PENDANTS from any legal liability in this par
tieular charge The full effect of this decision
cannot be judged, but its immediate result is
TO bring the Governments prosecution into
contempt, as it has broken down at the first
legal move in manner to prejudice the whole
case.
The Star route people say, since this decis-
ion, that the Government will not dare to go
to the grand jury with the cases that are not
barred. The Government claims to have in
disputable proof in cases which are not barred
and promises to proceed Immediately.
After the rendering of Judge Coxs decision
Mr. Cook rose and said that it was deemed
proper that he should make statement which
had been purDosely delayed until this time,
with reference to the fact that the case against
Thomas j. Brady and others had not been pre-
sented to the grand jury. His Honor's decision
had been rendered, but it was due to the pub
lie, to himself as special attorney for the
United States, to his colleagues and associates
and to the superior officers of the Government,
to state openly and more fully than had been
done why the more common course had not
been pursued, and why the information had
been fled The assassination of the President
had occurred upon the morning of the I'd of
July. On the Wednesday previous, at the
Presidents request, he had had a conversation
at the White House in regard to the Star route
cases. After full explanation the President
had expressed himself satisfied with what had
been done, but had urged that the cases should
be pushed on as rapidly as possible. 1t had
then been his Cocks intention to complete
the necessary preparations and present the
cases to the grand jury on its meeting in Sep
TENDER. On the Saturday following the ma
ton and the civilized world had been shocked
by the announcement that James A. Garfield
had been assassinated All labor had, as a
consequence, been suspended, weeks of intense
anxiety had followed, the present President
Chester A. Arthur, the Attorney General. the
Postmaster General, in brief, all the Cabinet,
had been overcome with grief, almost para
lyzsd sorrow and trembling had been in all
hearts. The nation, the world, had wept,
feared, hoped, prayed. The employees en-
gagged in the investigation of the records of the
Post Office Department and the procurement
of witnesses had been able to do little effective
work. With what propriety, under the Cir
cumstances could it have been done by any
one? lit had only been when the President
Al.
hopes of recovery that the labors had been
fully resumed The delay had been primarily
and chiefly caused by the assassin's bullet. 1t
had been unavoidable, humane, justifable de-
lay
Resuming actively the investigation, Messrs
Brewster and Bliss mad become connected with
the case Several consultations had been held
at Elberon, from which he Cook had returned
on the 18th Of September, so as to be here at
the reassembling of the Grand Jury. He had
been, however. Immediately recalled to Elber-
on, but on the 18th of September fastened
back TO Washington to proceed with the case.
On the steps of the cars he had been surprised
with the statement that the Grand Jury had
adjourned. The Attorney General was then
at Elberon, and could not have known its pur-
nose. The adjournment had been without his
concurrence, knowledge or desire, as it had
been without his Cooks. Neither from the
District Attorney, nor from the Grand Jury,
nor from anybody else had he Cook any no.
tice of the proposed recess directly or indirectly
He could not have anticipated it. 1t had been
unusual and extraordinary. The recess had
been for sufficient length of time to prevent
an indictment being found in this case on ac-
count of the statute of limitations An emer-
gency had existed, and in order to prevent
possible failure Of the case, the prosecution
had determined to file an information. Though
in some cases an unusual proceeding it had
been regarded as authorized and sanctioned BY
much approved practice. Nothing else could
have been done. 1t had been said that on the
slightest notice the Grand Jury could have been
reassembed. 1t had been adjourned from the
18th of September until the Sd of October, only
remaining in session two days, without any ar
rangement for reassembling. The recess mad
been absolute, for had he at any time received
an intimaton that the grand jury could have
been reassembed he had first heard it in this
court on Monday last. One of the chief mem
bers of the grand jury had been out OF the
District, perhaps others. The Attorney Gen.
eral and the District Attorney did not agree as
to what had passed between them. He lthe
Attorney GeneraD was not in the habit OF
noticing any statements made in reference to
him or authorizing it to be done. He lCook)
was, as regarded the star route cases, the 1mme-
date legal recognized representative OF the
Government and the Attorney General, and in
no manner or by no power had he had been
consulted as to the recess of the Grand Jury
Its movements and intentions, If not concealed
from him, were unknown from the day OF his
uDSOlClb6u eInpiUyLu6ut Ny tuO Ohioou pp@o0o
on the first of June.
Until the present hour he had devoted most
of his time to the Star Route cases. The
Iabors on his part of his associates were far
more arduous than was known to any one.
There had been no indecent delay, there would
be none. Sustained by the administration
aud its superior officers, the cases in whatever
form the court might approve would be carried
on until the guilt or innocence of the accused
parties should be proved to jury of the
country, governed by the rules of law which
might be announced by the court.
The court then adjourned.
1t is understood at the Post Office depart
ment by persons prominently connected with
the star route investigation that the govern
will now endeavor to obtain an Indictment
against the parties who were discharged to-day,
upon the basis of alleged similar offences of
latter date than those charged in the informa-
ton that has been set aside. 1t is also argued
that the bar of statute of limitations may be
avoided in the case of continuous conspiracy
by making the evidence relate to the perform
ance of acts long subsequent to its inception,
and that even allowing for delay OF SIX
months in procuring an indictment the parties
in view may still be brought to trial before the
expiration of three years from the issuance of
certain orders, etc., during the entire period
of the alleged conspiracy.
CTTTmIT