Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-11-04
THE STAR REUTERS.
ARGUING A MOTION TO QUASH The
INFORMATION,
The Defense Of Brady Ably Set Forth
Wilson's Four Hour Speech-Tactics
Of Bliss and Cook-Bob lager
SOILS Mit-Some Sar-
castle Remarks.
BLISS TO OPEN FOR THE GOVERNMENT
THE STAR REUTERS.

/ The Motion TO Set Aside the Information.
/ WASHINGTON, November 3.-Argu-
ment on the motion to set aside the
! criminal information in the Star Route
case was begun this morning. The
| Government was represented by Distrit t
Attorney Corkhill and Brewster CT
Philadelphia, Bliss OF New York. and
Cook OF Washington, and the defenC Q
by Totten, Wilson, Sheilaberger, Robert
q. Ingersoll, Sypher and jefferson
Chandler of st. Louis. The argument
was opened by Jeremiah NJ. Wilson.
He rerited the steps already taken
in the case and said there could be no
authority found in any statute Tor filing
4 criminal information. He challenges
the counsel on the other side to point
! To any such statute. II it could be flied
| at all it could only be filed because of it's
being authorized by common law.
! There had never been in tins country a
prosecution by information except in
! the case of minor offences, such as vlO-
| lations oi revenue laws, where that
mode oI proceedings has been expressly
authorized by statute. The Grand Jury
was the only recognized authority for
the prosecution OF parties for crime
| cut ii this proceeding should prevail
grand juries might AZ well be dispensed
with in the future; but il the prcseCu-
! ton relied on the common law, then
they must be bound by its rules.
In this case the court was asked TO
| allow this Information to he filed and
warrants issued on attdavits OF the
| Postmaster General and Woodward.
/ lie read those aiiidaylts, and argued
! that not single TACT was sworn to IN
them. There was nothing in them but
| information and belief from begin
/ ming u end. There was nothing but
hearsay in them, and he had never
heard OF anybody being indicted simply
/ on belief
Verbiage Of the Information.
Wilson proceeded to rriticise the in
| formation for its verbiage, Contending
that adyerbs did not constitute a case,
! and chdracteriZing the gentlemen who
/ drew the information Us champion 90
/ as.you please "adverb' and adjective
/ SINGERS. IL was a matter ol public
history that as much As two years ago
/ Congress deliberately Investigated this
identical matter, and appropriated
! money to carry out this very contract,
/ which it was said was SO very corrupt.
I The facts had been notorious more than
/ two years. What excuse IS given for
delay None whatever. True, the
. Court was asked 10 allow the infor-
/ nation to be filed because three years
I had about elapsed which the proseCu-
ton said would work bar under the
statute OF limitations. That was no ex-
cuse. 1t was the fault OF the prosecu-
ton. They had delayed. As long
ago as June last in this very
court the defense had asked for action
B in these cases, but the Government re-
fused TO act. The prosecution avoided
the Grand Jury. Why Because II
they had gone before the Grand Jury
the papers tha. James spoke o!
would have 10 be produced. James
say SO as TO their contents would not
have been accepted, nor his statement as
10 what had been told him by somebody
received. They kept away from the
Grand Jury because it was necessary to
suppress the truth in the matter. In
order to get standing in the court there
has been the grOssest misrepresentation
in this case, and the crosses; suppression
OF the truth.
He then proceeded to argue that il
the law called upon an executive officer
to make a decision the law which re-
Vuired him to 10 so protected him IN
his decision. and he Contended that
the judicial branch OF the government
could not in such case infringe upon
the executive prosecution. He said the
law gave General Brady authority tC
make decision, but that he did it cor
ruptIy any inquiry as TO that should not
be conducted in this court but in an
other tribunal, high court OF impeach
ment. Ii the contrary were maintained
the prosecution could come in with au
information ami arraign the Legislative
branch OF the government Tor votes
given in discharge OF official duties
They could arraign every member who
voted for the appropriation out OF which
.he contract complained OF was paid.
Government Had Three Coordinate
Branches
each the equal OF and independent o
the others, and this court had no more
rls hit 10 try an executive officer or sena
tor or representative FOR acts done by
them in the discharge of official duties
than il had to try the Chief Justice o
this distinguished court. 1t was a
preposterous as TO say that some maj
through malice or on account Ot puoIl'
clamor could come and file an informa
ton IN tins court against the Preslden
| uf the | nltrd States charging him Will
= / corruption in the di.charge OF tn,
1 / duties dtvllviug upon him. "li yOu
. can do this he said addressing directly
. Judge Cox, You can do that. Ii yol
. | allow this, aud some man comes in ant
> offers YOU that, YOU cannot deny It.
r He tnen proceeded to enunclate an
other proposition which he regarded a
| fatal to the prosecution, namely, tina
= in order 10 constitute an otiense agalns
= / the United States under section ofiO o
the Revised Statutes the fraud Consplre
20 be performed must be SUCH an on
as has been defined by the STATUTE an
made a crime. In other words, Tia
? conspiracy must be To do that which,
done by one, would be = crime define,
! by the statute. suppose, Tor the SAX
! of argument, the accused had uulaw
fully expedited the Star Routes and in
creased the service thereon, WAS that a
otense against the United States? No
no statute hat said SO suppose III
: accused had done everything Just a
: they were charged To have done. HSC
anv statute stated that Was fraud
Therefore, this case did not come within
the provision OF section 1++0.
, He then proceeded to rrltlcise an,
: ridiruie the various counts II The intpr
nation, denying that the prosecution
hal shown any oirnSr winch had beer
defined rs SUCh 10y the statutes.
1 The last reason which nr presented II
: support OF the motion tn Iiash MAS
= constitutional one. uder the Consti
, tUtlun no person couli be held to An
> SArr Tor any capital og other lnIamOu
!. crime, exc 'Pt upon preSentment or
indictment oy Grand Jury.
tie argued that the crime here charge,
= was Infamous, and that therefore i
r could not be prO-trIted Oy Information
l. ,,1kal Al ,uD,h.r pi aptbtr.