Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-11-11
A "SCar' Victory.

WASHINGTON, November l0.-ln the
Criminal Court, this morning, Judge
Cox rendered his decision in the Star
Route cases. Discussing principally
the question as 70 the intamy OF the
crime charged, the conclusion arrived at
was that the crime was infamous, and
the accused should have been proceed
ed against by indictment. HetGeretOre
sustained the motion eXpelling the in
formation from the files OF the Court,
and ordered the discharge OF the de-
PENDANTS.
Col. Cook,
al the conclusion OF Judge Cox's re-
marks, made an explanation OF the
reason why the cases against Brady and
others had not been presented To the
Grand Jury. He then reCited his EN-.
plOyment as special counsel, and that
on the Wednesday prior to the asSassl-
nation OF the President, he had can
yassed the matter with the President,
and that the latter expressed himself
satisfied, and urged that the prosecution
be pushed as rapidly as possible. 1t
was then the intention to place the mat
ter before the Grand Jury in September;
but the murder OF the President, and
the consequent excitement, caused de-
lay IN the preparation OF the case, but
that soon as possible thereafter the
investigation was resumed, with the aid
of Messrs. Bliss and Brewster. and was
returning from Eberon to lay the facts
before the Grand Jury, when he was
informed IL had been adjourned.
This adjournment had been without
his knowledge or that OF his colleagues.
lie had no notice. from any one, OF the
proposed recess, and as this recess eN-
tended until the statue OF limitations
would bar the case, they had filed the
information. The movements of the
Grand Jury, if not concealed from him,
were unknown. From the day OF his
unsolicited employment by the United
States on the lst OF June until the pres
ent hour, he had devoted the most OF
his time to the Star Route cases. The
labors on his part, and on the part OF
his associates, were lar more arduous
than known to any one. There has
been no indecent delay. There would
be none. Sustained by the administra-
ton and its superior officers, the cases,
in whatever form the court might ap-
prove, would be carried on until the
guilt or innocence of the accused parties
should be proved to the jury, governed
bv the rules OF law which might be
announced by the court.
Court then adjourned.
Brady aud Others to be Indicted.
1t is intimated at the Postoffice De-
partment by persons prominently con-
nected with the Star Route investiga-
ton, that the government will now en-
deayor to obtain an indictment against
the parties who were discharged to-
day, upon the basis of alleged similar
offences OF later date than those charged
in the information which has been set
aside. 1t is also argued that the bar of
the statute limitations may be avoided
in case of continuous conspiracy by
making the evidence relate to the pei
formance OF acts long subsequent TO It's
inception; and even allowing for the
delay OF six morths i'll procuring the
indictment, the parties, in this view
NAV still be brought to trial before ex-
piration OF three years from the issuance
OF certain orders, etc during the entire
period OF alleged conspiracy.
lOStQaSlPT OeltIdl y JdLLCo " Ia lSNuAh
from New York Saturday.
Effect ofthe Dismissal.
WASHINGTON, November l0-At the
| Postothce Department the effect OF
| Judge COX's decision is much discussed.
| High officials assert that the effect is
| misunderstood. 1t is claimed that the
! Government is debarred from proceed.
| ing bv indlctmeEt'In the Walsh cases,
but the Postoflice authorities deny this.
| They say that The fact that the proceed
| ings bv information having been COM
menced, satisfies the requirements OF
| the statute of limitations, even though
| the proceeding has been thrown out on
a technicality. In addition, it is alleged,
that there are grounds Cor many indict-
ments without touching the Walsh case.
Public opinion here is, however, almost
unanimous that the failure OF the Gov
| ernment is final "a regards Brady.