Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1881-11-11
to avoid the GRAND ;,-v We hove NO

" atOiu TIC SIduQ jury. we U5N6 uO
desire to do it, except where we can
show cause why it should be avoided.
l agree that under ordinary circum-
stances and without good cause being
shown, the proper and expedient way
Is to proceed before the grand jury.
Col. Bliss cited various acts to show
that the prosecution had a right to
proceed by information in criminal
cases, and that it had been repeatedly
recognized by congress by authorizing
criminal proceedings by indictment
and information.
The right to file information in some
criminal cases being clear, both under
statutes of the United States and under
decisions of the courts, the question
arises whether the crime charged IN
this Information is one coming within
the class in which iuformations are al
lowable. The only possible limitation
to the right of bill of information is
found in the fifth amendment to the
constitution, has been already quoted.
That amendment prevents the filing of
information, "for a capital or otherwise
infamous crime" The offense charged
in this information being clearly not
capital, it only remains to ascertain
whether it is Infamous.
Bliss gave numerous citations of de-
cisions as to what crimes are Infamous,
and held that there is no case
holding conspiracy to defraud or
conspiracy generally to be infamous
crime. We therefore say broadly that
conspiracy 10 defraud has never been
held by the court to be an infamous
crime, and that had any passages in the
textbooks which seemed so to hold,
are not intended to apply to any con-
spiracies other than those which are
based on misrepresentation of the cases
cited to sustain them. 1t allows that a
conspiracy such as is charged in the
case before the court is not an infamous
crime, but if the court should regard
the question as doubtful, a safer and
fairer way is TO allow this case to pro-
coed. | ask that the accused be protect
ed and those of the government saved.
If there Is a conviction the higher court
will protest against the enforcement Of
the judgment if its very basis is ad-
judged illegal. On the other hand, if
there is an acquittal, inius tice will be
done and defendants will obtain what
they insist is their due. Section $40
declared. "If two or more persons con-
spire either to commit any offense
against the United States in any man
ner or for any purpose, and one or
more such parties do any act to effect
the object of the conspiracy, all parties
to such conspiracy commit a crime. u
The information certainly charges a
crime against the defendants, and sub
mitted its charges of such crime in a
legal and proper form. The prosecu-
ton claimed the right to come here
and ask for conviction on the ground
that Brady, being intrusted with dis.
erection, did not exercise it honestly
and in good faith; that he did not ex
ercise it in the purpose of the people
and for the good of the government
and that he knew he did not. Bliss, in
conclusion, combatted the propositions
submitted yesterday by counsel for the
defense.
! WASHINGTON, Nov. AT the open.
ing of the criminal court this morning
the district attorney made long per
sonal explanation to the effect that
Cook was appointed by MacVeigh as
| special assistant attorney of the United
States. charged with the prosecution o
the star route cases. He (Corkhill
lad, therefore, not been consulted in
connection with the prosecution, and
Cooks consultations had all been with
the attorney general, whose assistant
he properly claimed to be- He Cork.
hill) could not know anything officially
of the case and was not in the slightest
degree responsible for it. He deemed
that the present proceeding by crimina
J information had been ordered neces-
sary by his adjournment of the granC
jury from the 10Th of September to the
Sd of October. On the 9th of Septembel
he called on Attorney General Mac.
Weigh and informed him that he would
have no business for the grand jury
when it assembled, and if there were
any Of the star route cases ready fol
presentation the grand jury was at hi
service for three weeks, otherwise he
intended to adjourn the grand jury un
til the first Monday in October. The
attorney general then informed him
that since the presidents assassination
he had not given the star routes any
special attention. That he knew moth
lug of them, and that he (Corkhill)
need not bother himself about them
aud that when his services, or those o
the grand jury were re
quired he would be notified
by a person having special charge o.
them. Under these circumstances the
grand jurywas adjourned For two weeks
on the 25th of September, he was in.
formed by Mr.. Cook that the attorney
general wished to see him, and in com
pany with Mr.. Cock he called on the
attorney general and was then request
ed to sign the criminal information
He then protested against the abuse
which he had been published about o.
the adjournment of the grand jury
and he said that if the attorney gener.
al as his superior officer, made a state
ment of the simple facts of it, his abuse
would be at once silenced.