The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-11-07

The defense in the star route prOsecu-
tions are straining every nerve to have the
Information which caused their arrest
quashed, and the accusations left to the
mercy Of Grand Jury. They know full
| well that it is now too late for the Grand
Jury to take cognizance Of their most
overt acts, and if they can only get the at
fair regulated to that body, their acquittal
| is probable. Yesterdays dispatches tell
us that Col. 1ngersoll argued at length to
| this end. They state that: He contend
ed that the same acts of Brady in his Off
cial capacity were absolutely lawful in
| themselves and within bis discretion He
showed that the affidavit on which the in
| formation was based were heresies and not
evidence that could 60 before the Grand
| Petit Jury. In this case ignorance and
malice had united and honest ignorance
had done the swearing. The question is,
Will this court abandon the practice of 160
| years or will it say to all persons wishing
| to indict others for offenses of this gravity,
you must go before the Grand jury"
over this offense until an indictment has
been presented; even if court has jurisdic-
| ton there, it must be for probable cause.
l state that the probable cause must be the
affidavit of some man who knows and
states facts. The practice that all our men
| are to be arrested without oath or aff1rma-
ton is infamous. Any judge of the United
States who does it ought to be impeached.
l insist that the indictment must be reason
able and uncontradictory, as the pleader
must set forth facts"
All of this on its face shows great
reverence for the law, and is intended to
be convincing; but it would please most of
US more if part of that reverence was
reserved for justice.
1t is all well enough to talk about the
grand jury being an institute OF one-hun-
cred and sixty years standing and the
consequent sanctity which is conferred up
on it; but the facts in the case simply are:
will, or will not, the accused be be brought
to trial?
If Dorsey, Brady Jet al, are innocent of
the charges made against, them the trial
can do them no harm; in fact it will be Of
the greatest advantage, for if they escape
on mere technicality no one will ever
believe them innocent. IF they are guilty
then any means of proving that guilt is
admissible. Through the connivance of
Corkhill they were placed in such position
that the Grand Jury was unable to
touch them, unless these other proceedings,
in the shape of an information were taken
innocent or guilty, they could never be
brought to trial. But this trial they are
now protesting against and claiming
because an officer of the law failed to do his
duty that they should be allowed to go scot
free. They are loud in their cries about
innocent men being brought to trial be-
cause one person was malicious; it would
be much worse to have guilty one escape
trial because an officer was criminal or
negligent. They claim that there was not
evidence enough to procure an Indictment
from the grand jury; in that case they are
safe, for it takes more evidence to convict
than it does to indict The matter simply
is; the country demands the trial, and will
view with Impotence any attempt to arrest
it by crawling out of legal loophole.