New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-08
THE STAR ROUTE CASES.
PRELIMINARY ARGUMENT CONTINUED.

WASHINGTON, Nov. TAT the opening OF the
Criminal Court this morning, personal explanation was
made by Mr. COrkhil, the District-Attorney de said
that the public business connected with bis once mao
not within the last ten years. been In good condition
it to-day During the two years that he had held
the Office conviction had failed in any important case,
and guilty person had escaped punishment for his
crime And yet he had been, time and again, charged
publicly with want of interest in the Star Route prose-
cution, and that he had been lax, neglectful and
inattentive to his duty in that respect.
on the LIST OF June, 183l-now five months ago-Mr.
MacVeagh had sent for him and informed him that GER
tain investigation in progress in the Post Office De-
partment in connection with the Star Route cases. that
the persons engaged in the investigation desired the ap
polntment OF Mr.. Cook, and that he had thought IL
proper TO notify him (COrkhD Of Cooks appointment
He had long conversation with Mr. MacVeaghin which
he said that the appointment Of Mr. Cook was satisfac
tory and agreeable to him. but that he desired to have
his own position properly and plainly defined; that he
ready and willing to perform any service required
OF him, but that the delay in the appointment or Mar
shall had given him all the business that he could at
tend to. The AttorneyGeneral not only assented to
that but SAID that officer situated could give tho
necessary care and attention demanded by the star
Route investigation. In order, however to put himself
tCorhilD record, he had asked permission OF tho
AttomeyGeneral to make his statement In WRIT
ing, which he had done. His letter was
published the time bat seemed TO be overlooked
formally appointed He had never given himself out
his COrkhs assistant, but claimed and properly,
to be special Assistant Attorney Of the United States,
charged with the prosecution OF the Star Route cases.
lie CorkhD had therefore been consulted in connec-
ton with the prosecution Mr. Cooks consultations had
been NIL with the AttorneyGencfa whose assistant he
properly claimed to be. II wOud be seen from this
statement that he (CorkhiD could not know anything
officially Of the case or be in the slightest degree respon
on the 9Th OF September he called upon Attorney-Gen
cral MacVeagh, aud Informed him that he would have
no business for the Grand Jury when assembled and
that IL there any the Star Route ready for
presentation the Grand Jury was at his service for three
weeks. Otherwise he intended TO adjourn the Grand
Jury till the first Monday in October. The Attorney
General then informed him that suce the Presidents
saAsnaon he had not given the star Route cases any
special attention; that he knew nothing of them and
that he COrkhlD need not bother himself about them
and That when MS services or those OF me Grand Jury
were required nc would be informed by the person hay
ing special charge OF them Under such clIcuns tanees
the Grand Jiry was resplted Tor Two weeks. On me
18th OF september he was informed by Mr.. Cook that
the Attorney General wished to see Inn, ana IN company
win MT COOK ne called on the AitOfney-Gectil anu
then requested 10 siRn the criminal Information
lie then protested against the abuse Wucn ne haI 1eeh
frGelSihk anu AGAINST ule In5ilga"Is tnat htu Dceh
published about the adjournment OF the Grand jury and
superior oiTicer-madc statement Of the
simple facts this abuse would be at once sileneed
called upon him and informed him Of the proposed adj
Ournmcnt OF the Grand Jury but that he under the
COrkhi assured him that il not and there the
conversation ended. II had been known to everyone
had adjourned. the day OF its Adjournment, and II
equally wei known that on ala ntmaton 10 himself or to
and in its room without one days delay. He desired
therefore. 10 state plainly and publicly:
First that ne and had been ignorant OF every
fact connected with the star Route second, that
the adjournment o the Grand Jury TIL the first Monday
IN October decided upon ami directed tho l9tu OK
July without any reference 20 the star Route cases;
third That the Grand Jury would have been recalled i'm
mciaey II hat been desiIed fourth that before the
Grand jury udI"UTupd h." called Attorney General
and iu'ordcd hiu OF The proposed Adjournment and
II ~
Route cases ready, aud that tho Attorney
reply that he GorkuiD had nothing; 20 do with
Jury were needed he would b. notified
Judge cox remarked that. 20 far a- the facts stated by
M CorsH had come within his personal experience,
the statement concerned substantially TO his r.coec
ton.
ARGCaI Sr FOR THE GOVERNMENT.
The argument ia the star Route cases was then re-
sumed William \ Cook OF counsel for Tie Government,
proceeded 90 ar-I" a,a.ust the motion to quash the
criminal Information he began by ing that II might
be supposed that hc would reply TO the vituperaton
which tho defence had through hired acdbbl,rs and
through the press bestowed upon the AttoeyG
The Posmag'erCgncrH ard himself; but It could not
nc done. This not the prupnr place 30 d IT, Tho
lawyer In addition to bis other qutge. shonId inylr
would res;ru hm from any reply which might other
wise Doe Justified IN ne ard 10 these personal ~s lie
then proceeded to ar IN support ot She right OF the
prosecution - procD ed hy % criminal Information
TN. case came mo I3rt no. shiny 10y inc authority
of the Department Of Justice aud of the Post Office Depart
place II cImc therefore. with high and Official sane
ton How could the departments OF the Government |
CDrJaure with the authorized and siEctol practice OF
tire ancestors ~ thc American people, 10 prosecute
He declared that for upward II ten years the prosecu-
ton Of cascs by criminal information Lad been In
they now engaged lie held in his hand a list OF /
such cases. and found that the list contained of assaults
and batteries, lf1 the maintenance OF nuisanccs 10;
liquor cases, 30 riot and aray, - violation OF the in
tcrnei reVcnue iaw k'cp,ng disouicry houses, 30
iyi ~ 1ru
ina information had been express Ally authorized the
District OF Columbia. In the supplement- 20 the Revised
Statutes, page 50. this provision was found:
THAT the criminal court of the District OF Columbia
shall have Jurisdiction of all crimes and misdcmcanors
i'm said District not lawfully triahIc i'm any
other Court and which required by law TO be prose
what could h, conclusive han that Congress had
declared mat thcCum'nn Cont OF the Dis rc should not
confined 10 indictments but II saw at might ADOPT
information. The power was eEprcss tiTeci, Affirmative
mru! There was ~" Zee SriVtl. which no elAqucnco.
no ardor uHilsm on the part OF those gentlemen
could ohlitcratc. IL must endure impCrishablc or M
least nu the hand OF Congress itself should it
frou the statute book
ing OF an Information. How that happened ii was not
for him to say The fact would live In the annals Of the
and that IL therefore impossible 10 bring the Star
Route before it within those ten days lie had
o. U n rn i}Ta9cb ~ copsnIt with tbe Rttr Uy
General the Pc tinastcr-Gcnera and Mr. Bliss; and
when hc reached Tho city his return he learned that
tine Grand Jury bad adjourned. There was only one
pathway left open and with aborous effort with con
stant work far ug the hours OF the night the in
formation was prepared and filed He had no censure
pass any one he had the living breathing facts
10 present There WAS therefore, necessity for the
filing he information otherwise the statute OF lmitn
tons would have been eGoctua bar to the prosecu
ton.
Mr. Cook then proceeded to argue that q conviction in
this ease would not render the accused infamous and
therefore the position OF defence that ground
vi the Supreme Court OF the District Of Columbia that
to max crime infamous, the penalty must pronounce
against the offender deprivation OF his civil rights mot
lis privileges such sitting upon jury In the
absence OF such forfeiture the crime was not in. |
famous, unless expressly pronounced ia such |
According Chttys criminal law the practice In Eng
and had been permit rule 10 show cause only In one
,asc, namely when tho information was flied al the
Instance of private citizen. There example in |