National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-10
THE STAR ROUTES.
Iconiinned from Firsi Raet.l

ANYTHING like what Is here attributed tohim. and |
now stand ready to say that do not believe that
thencwSpnpcr gentleman who wrote this had any /
authority for using Mr. Cooks name.
THIS PUBLICATION SAYS THAT:
special dispatch from Washington to the New |
York Itene SAYS Those Who have lnopghi ,h sd
dsapponled Certainly The persons who have most most
onIniop III" mans az The Coyernment arc now he.
ginning he Understood The iull in the prosecution
Investigations have been proceeding rs rapidly ms was
Lrscllcable The removals IN the SIKH hndiior's
THEY We're probably arranging with Walsh ut that |
icenot to the present grandJuryt
time Of which has nearly expired There are reasons
poyed by the Government assist In the prosecution
has suggested which make Y inadyisabe TO proceed
S SG been % S SGg more carefully selected grand jury
Now that, Your Homo, was n gross libel upon |
this court, upon the statute laws which prevail IN
this District, upon the officers Of this court and
upon the administration OF justice In this court
The idea that there Is such thincIthnt there |
grand jury" is libel upon every officer connected
with this court II Is n reflection upon the ven |
made by law TO draw the names OF the grand |
Jurors from the box. But this notice publicly
given 10 the world by the authority ofthose gentle
men, who were arranging, for the benefit OF the |
attorneys, the evidence and
OTHER MATTERS AND THINGS
relating to the trial that they did not intend to
June June. W '' s'"'' ''' WV" '''''S v" '"' '''
Mr.. Cook-If Your Honor please, until the
moment when my Brolhet Totten saw ~ TO say
statement which he has read, remained quiet;
but wish to say now that this Is the first time
that have heard OF that statement. 1t was not au
thorized by any one connected with the prosecu
ton. not by my Brother Brewster, nor by my
Brother Bliss, nor by me, nor by the Attorney
Mr.. Potent thought. Your Henor that in my
remarks had acquitted my learned friend. !
certainly did not allude to anybody concerned
professionally In this case.
Mr. Cook-My Brother Brewster says he never
heard OF that publication, and neither did until
Mr. Brewster-what is the date OF the publica-
tionY
Mr.. Totten-Juno a, 1881.
=. Mr.. Brewster-Thai Is the date of the publica-
ton, June 3?
Mr.. Brcwster-I wns not in the case then.
Mr.. Totten--1 know you were not
Mr., Cook-1 was; and this is the first have
Mr.. Toiten-It was not authorized suppose by
either ofthe gentlemen that came later into the
case, and meyer supposed 1t was authorized by
my learned Brother Cook.
Mr. Cook-l never knew that any such publica-
lion existed; and now let me say, once for all that
j have never given any statements of this case 10
any member of the press, directly or indirectly.
My battles, however imperfecily the work may be
done. are fought out OH this Plat form and this
forum. in the presence of Your Honor.
Mr.. Totten-l have referred TO this publication,
Your Honor, made in the general press dispatches
10 show that these gentlemen, although some OF
them have recently come into the case. cannot
shield themselves from the suspicion of the court
that negligence has intcrposed - negligence
such ms the law of England would consider upon
an application forleavc to file criminal informa-
ton. They knew-thc world knew-that there
was a grand jury in session In June. and somebody
connected with this prosecution, or Interested In
II, did publish to the world the fact that they did
not intend to go to the grand Jury with their case
10 that grand jury, at least they wanted what the
persons who dictated thut dispatch supposed, in
Their iEnoI5anee could have an existence iI This
such thing in this court as one grand jury selected
WITH MORE CARE THAN ANoTHERi
So therefore, they purposely allowed the grand jury
TO be discharged without submitting anything for
their consideration Further,tipon the subject ofthe
knowledge of all these gentemcn-and they must
all be charged alike, whether they have come into
the field recently rnnt-it to be remembered TINT
this Is no new business; this Is no fresh scandal
this has been the subject matter Of two or three
congressional investigations. where they are IN tho
habit Of bringing all kinds Of testimony, whether
il be legitimate or not The learned gentlemen II
they got hold of the printed record Of those invest
igations containing great many hundred pages
ofprlntcd matter could have found every syllable
oftcStimony on this subject that could possibly be
found by ranSacking the entire country, and that
was all published and has been public property
since 1879, that there has been no want OF notice
OF all these things.
WAS HIGHLY ENTERTAINED
few days ago ut the broad statement made here
in the presence Of Your Honor, that Brady had the
keys and the locks in his possession. and kept all
these things secret and that thereby his successors
in Office were unable to ascertain the facts. Take
that statement in connection with the fnct that all
this matter has been printed and published 70 the
world more than year, and Your Honor will sec
the extent and depth Of the excuse these gentle.
men offer for not going to the grand jury, We arc
told now by the learned gentleman who closed the
argument for the prosecution that there are
other charges That the testimony comes in like
"Pelion upon ossa and That they are going before
they will, Your Honor and that they will save ils
the trouble of asking Your Honor to exclude such
papers ns this information from the files of thiS
court Now, the question whether this informa'
ton shall be filed or no, is one which rests in thI
English rule, Conccding for the sake OF the argu,
ment that there are cases where nh Information
may be filed in case like this, still. 1t is matter
that rests in the sound discretion of the Cour
whether IL may be filed or not and these gentle
mon conceded that iact and that principle wheI
they, In the first place. applied to Your Honor TO
leave To file. There nre sundry and divers re
quircments aiierwArd In the English law,
AsITIs ADMINISTERED
in relation 10 criminal lnformatlons. One o
them is, that there shall have been no delay II
presenting the matter A second is that gooC
case shall be prcsenlcd-that b, that there shall b.
no doubt IN the mind o. Iht Ioqrl That II all the
there is criminal pfense, in the hands o
the Court, which has been committed by some.
other thing made necessary, aud that ls that Their
shall be no suppression of facts; that the person
who apply TO the Court forleave TO file an informa
for the consideration Of the Court in MAXIM
up It's Judgment -d and in the eSer
and practice there are insuperable obstacle
created by the Constitution of the United States, Il
the way of filing information without probabl
cause having been first shown. Idesire to put my
self in correct position before the Court us !,
what we do admit and what we do not admit j
understood the argument of the gentleman VIII
last spoke against our motion (Mr Brcwstcr), III
enterlans the view that we deny that 9ny IN
aug case In the District of Columbia, That, You
Honor, is not our position: We admit, Of course
thorizes the filing OF an information, or proceed
ing against man who is charged with crime
CRIMINAL INFORMATION,
this Court may entertain that proceeding. II
conceded ON all hands that the Police Court OF tn
District can proceed in no other way. But
maintain, and IL shall DO my duty, II possible, I
convince Your Honor that criminal proceedin
OF this kind 10 investigate charges of the nature
those found in this information cannot be enter
tanned by this Court; that this kind of proCeedin
is not authorized by law, aud IS contrary TO lh
practice of many years not only IN this Distric
shall now proceed IN the first place to invit
the attention Of the Court 70 several laws 9
baga So ssHs s9r gR b this to subject sSSa yS
Honor that at The time OF the cessio
of this District TO the United States there was n
such proceeding known at common law in III
State of Maryland as u criminal information Pr,
llninary however, to going into that subject,
Crown, more for the purpose of refreshing IoI
HonOrs memory upon what has been said tina
with the idea Of giving Your Honor any new II
formation, Hale, At page l5l, says
by the statute Of II H., Cap. B., there was pow
given 10 proceed upon MI penal slatutes by nform
u0n before justices Ofus-Le and peace, hut there Ii
exception OF all cases of treason. murder and ielOn
III use was made Of this statute by EmpsOn aud Du
10y, and great inconvenience and trouble to the pc
pie did arise BY 1t, ana therefore by H. soap II wi
repealed and the iniornutiOns are praclced Ontim
In the Crown Office In cases criminal, and by man
penal statutes the prosecution upon them Us by III
acts themselves limited to be byLH, paint, inform,
lion, on hdiciHisrti yet thus much II Obseryablei
That the method OF prosecution Of capital oiIenses
still 10 be by Indictment except the cases above me-
Toned. That In all criminal causes the most reg
lar and safe way and most cOnsOnant 10 the statut