Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-05
THE STAR ROUTE CASES.
MIR. IN GERsOLL'S SHARP POINTS.
"THE YOUNG GIANT OF THE WEST" BEGINS

"THE YOUNG GIANT OF THE WEST" BEGINS.
By quarter to ten O'Clock this morning every
available seat in the Criminal Court room was oc-
cupied, 1t being generally understood that Mr. In
gersOll was to continue his argument. The usual
number OF ancient and modern volumes, contain
ing the authorities against proceeding by informa-
tion, were on hand. BY ten O'clock counsel were
In their places-Messrs. Cook, Bliss, Brewster and
Corkhill representing the government; Messrs
Totten, Ingersoll, Chandler, Wilson and Shellabar-
ger representing the defendants
Mr.. Ingersoll resuming where he left OF yester-
day, said: "May it please the court, the second
count charges that Sin pursuance OF the conspiracy
Brady issued an order declaring George L. Nc
enough a falling contractor, and thereupon
awarded the finishing of the contract of carrying
the mails to Kirk & Gleason, who were the sureties
of McDonough,' &C.; and then that, Sin pursuance
OF the same conspiracy, the contract was awarded
to Walsh
MR.. INGERsOLL CHARGES INCONSISTENCY IN THE IN
FORMATION.
And here let me remark that, in my Judgment,
ment, they have sought to put two offences in the
same information, simply because, as they declare,
they happen In reference to the route-40 101.
1t Is perfectly consistent to say that Brady, Tur-
ner, French, McDonough and Brown conspired to
give contract to McDOnough, ,conSpired to increase
that contract, and to expedite and to increase it
greater than they had a right by law. That, 1
say, is perfectly consistent. Then it would be
perfectly consistent to say that afterwards
Brady, Turner, French and Walsh conspired
to take the contract from McDonough and gave 1T
to Walsh. But insist that it is absolutely incOn-
SlStent TO say that McDOnOugh cOnSpred to get a
contract for himself, and then conspired to have
himself declared a failing contractor: absolutely
absurd. So would be consistent to say that Brown
consplred to get a contract for MMcDonough, Nc as he
was to receive from $1,000 to $4,000; but it is abso
lutey inconsistent to say that he conspired to take
that contract from McDonough. That, in my
the first and second count, but with the
third count, where two ofcnces have been
least as to one. The first is inconsistent as to
McDonough and Brown. The first count the
second, the third the sane; but the first charge in
the first count is consistent as to Brown and Nc
Donough; but the second that they conSpired
against themselves is inconsistent; and so far as
am concerned, know OF no law to prevent man
cOnspiring against himself. There may be some
Statue to that effect but have never heard OF it,
After citing that we conspired together to take
the contract from ourselves, that we cOnSpired to
prevent our suretieS from fulfilling it, the next
charge is that Brady collected
MONEY FROM CONTRACTORS TO CORRUPT CONGRESS-
That does not seem to be the main charge in this
case. I presume that it is brought in simply to
prejudice the case. Surely We are not upon trial
for having raised money to corrupt Con-
gress The information is filed because we con-
spired to defraud the United States, not that we
were endeavoring to impeach the legislative de-
mrha inst seems Well to nane that HEAT that
@ one department sanaerns paDpE aDptheT
There is no particular propriety in putting in an
information Of this kind general charge that
money was raised to corrupt Congress- 1t has
nothing to do with the matter, and had much
better have been LETT out In this second count not
another word is said in regard to Brown. And now,
when we come to boil it down it this: Brown used
his influence with Brady in favor Of McDonough.
ing to the second count, one year before. Accord
ing to the second count this conspiracy entered
conspiracy consists in the fact that they agreed
tosether consequently, after Brady had agreed
with McDonough, McDonough one year afterwards
went and employed Brown, so that he might In
fluence Brady to carry out The conspiracy. And
you must recOllect that Brown himself had con-
spired one year before. He was a co-consprator.
In spite, however, OF his influence with Brady; in
spite OF the fact that Brady had conspired with
MSponoIgh; + in SPITE OF the fact that Brown had
clared McDOnOugh to be failing contractor, and
declared his surettes failing contractors took the
contract from him and them, and let it to another
That was the result Of
BROWNS INFLUENCE WITH BRADY
as eliminated then. There is no allegation that
Brown ever acted for Walsh; there IS no allega-
tion that Brown was interested directly or indi-
rectly with the contract given to Walsh; not the
slightest information that he did anything legally
or illegally, either for or against Walsh There is
no charge that Brown made or intended to make
any corrupt use OF money that he received There
Is no charge that he divided this money with
OF this money to French, or Turner; not one; not
tne slightest 1ntimation, not a suspicion that he
was was TO divide the money; not SUSPICION that he
itself would be entirely inconsistent with the
charge that Brady had already conspired. He said
~ 90 not know but l am wasting time on this
count meaning the second eount, as am also
gong 10 waste little on the third; because, as
understand. Col. Bliss substantially
ADMITTED THAT THE SECOND AND THIRD COUNTS
WERE NOT GOOD.
Mr.. Cook.-You were mslead. It is to be ex-
pected that there would be Othdr counts as good as
the first Col Bliss said, or attempted to say, that
the vindication of those counts before you being
precedent would be left to others
Mr. Ingersoll.-Then, as I understand it, COL
Bliss fathered the first count, and explained that
they were relatives.
THE QUESTION OF PROBABLE CAUSE
Having disSected the information he then took
up the law on the question OF probable cause. He
Said that no man can be taken from his home
rooted by the Constitution, simply because malice
and ignorance united and honest ignorance does
the swearing. "The gentleman who spoke yester-
day." said he, (referring to Mr. Bliss 'said that
this thing could be done in the southern district of
New York" Ii that is true the judge who allows it
ought not to be permitted to sit on the bench
which he dfsgraces by his presence His ermine
should be taken from him, because he robs the
citizen OF his liberty without any probable cause,
WlCnOuC an oath or affirmation.
STRANGE IDEAS OF JUSTICE IN NEW YORK.
If judge does it, 1t is infamous; but time or not
1t does not change the law. Strange ideas they
have OF justice in New York. [Laughter.] A man
can be arrested and imprisoned without anybody
in the world having sworn that he committed any
offence, or anybody in the world swearing that he
had violated any law He can be imprisoned on
the guess OF the district attorney! have no
doubt that this information was the child of New
York practice, suggested by gentleman who is in
the habit OF practlcing in the courts where men
are deprived OF their liberty by their accusers
reSorting to that fOrmality-it may be that an
oath in the state of New York is so regarded that
it is only matter OF form. And that Is the prac-
tice In New York; [Laughter]
Going further In his criticism OF such proceed
ings, he said that the court wlAch was known as
THE STAR CHAMHER
could not pass sentence OF death, but could i'm
prison men, put them in the pllory, cut off their
limbs. "Those things" he said, "were within the
province OF that court; and the reason that that
court became SO infamous was because informa-
ions were filed without oath or animation They
Old Jhen as they do now in the state OF New York
He SAID that the Star chamber met its death in
1911; that until that time there was no liberty
until that year. He said you may say that that was
the birthday OF English manh0ud and libertyn The
star chamber Was stricken down. said he because
4 r1T OFPhI hIIaCf fl,1-