The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-11-04
THE TILT BEGUN.
The Famous Star Route Cases are
Brought Into Court
For the Purpose of Qlasaiag Informs-
tion Upon Which Action is Based.


w kt0ar -<VHs - = iAC al u -44Cn y
on the motion to set aside the criminal
information in the star route cases was
begun this morning.
The government was represented by
District Attorney Corkhill, and Drews-
ter Of Philadelphia, Bliss of New York,
and Cook of Washington; the defense
by lotion, Wilson, Shellabarger, r. G.
Ingersoll, Sypher and Jefferson Chand-
Ter, of st. Louis. The argument was
opened by Jeramiah M. Wilson.
In this case the court was asked to
allow this information to be fled and
warrants issued on the affidavits of the
postmaster general and Woodward.
He held that In those affidavits not a
single fact was sworn to In them. that
there was nothing in them but infor-
nation and belief, from the beginning
to the end; that there was nothing but
heresay in them, and he had never vet
heard of anybody being convicted sim
ply on belief. He recited that steps
had already been taken In the case, and
said there could be no authority found
in any statute for filing criminal infor-
nation. He challenged the counsel on
the other side to point to any such stat
ute. II it could be filed at all, it could
only be fled because of its being author
lied by the common law. There had
never been prosecution in this coun-
try by information, except in cases of
minor offenses, such as violations of
revenue laws, where that mode Of pro-
cedure has been expressly authorized
by statute. The grand jury was the
only recognized authority for the prose-
cution of parties for crime, but If this
proceeding should prevail, grand juries
might as well be dispensed with in the
future; but If the prosecution relied on
the common law then they must be
bound by its rules.
Wilson proceeded to crlticise the in
formation for its verbage, contending
that adverbs did not constitute the
case, and characterizing the gentleman
who drew the information as cham
pion ''go as you please adverb, and ad-
jective Singer" 1t was matter Of
public history as much as two years
ago, that congress elaborately investi-
gated this Identical matter, and appro-
priated money to carry out this very
contract, which, it was said, was SO
very corrupt. These facts bad been
notorious more than two yeays, and
what excuse had been given fofdelayp
None, whatever. True, the cout was
asked to allow information to be ned,
because the three years had abo,t
elapsed which the prosecution sais
would work bar under the statute OF
limitation; but that was no excuse, II
was the fault of the prosecution, they
had delayed. AS long ago as June last
in this same court, the defense asked
for action in these cases, but the gov
ernment refused to act. The prosecu
tion avoided the grand jury, because !
they had gone before the grand jury tn
documents and papers that James spok
Of would have been produced; jaime
says SO. As to their contents, the
would not have been accepted, nor hi
statement as to what had been told hir
by somebody who received them. The
kept away from the grand jury becaus
it was necessary to suppress the trut
in the matter in order to get standin
in this court and there had been tn
grossest suppression Of the truth.
the law called upon the executive of
Ger to make a decision, the law whic
required him to do 90 protected him
his decision, and he contended that Il
judicial branch Of the governmel
could not in such case infringe upt
the executive.
The prosecution said that the Ia
gave Gen. Brady authority to make Il
decision, but that he did corruptly, al
any inquiry as TO that should noHbe co
Quoted In this court; bnt in anoth
tribunal of high court impeachment.
the contrary were maintained, the pr
ecution could come in with informati
and arraign the legislative branch
the government for votes given in t
discharge Of official duties. They col
arrign every member who voted for
appropriation out Of which the contri
complained Of was paid. The COVE
ment had three coordinate branch
each equal to, and independent Of
other, and this court has no more Ri
to try an executive officer or senator
= Representative for acts done by them
the discharge Of their official dutl
than 1t has to try the chief justice
this distinguished court. 1t ,
preposterous. Some man, thror
malice or on account of public clan
could come and file information in
court against the president Of
United States, charging him with
ruption in the discharge Of the du
devolving upon him. aIf you can
this" he said, addressing Judge {
you can do that" II you allow t
and some man comes In and offers
mat, you cannot deny 1t. In orde
constitute an offense against the Un
states, under section $40 Of the.rev
Statutes, fraud conspired to be peri,
ca, must be such one as has beer
nned by the statute and made CT