National Republican. (Washington City (D.C.)) 1872-1888, 1881-10-06
SATISFACTORY BAIL.
The star.Route Uases-Rev. RiIly Geek
IL Satisfied.


In the Criminal Court yesterday morn
ing there was large attendance Of spectators and
members Of the bar, who had evidently assembled
10 hear tie decision Of Justice Cox in the matter OF
the motion TO quash the information against the
alleged star.routc conspirators. OF the accused
there were present General Thomas J. Brady, Mr.
J. L. French, and Mr.. W. II. Turner. or counsel
Messrs. Shellabarger 4 Wilson, Colonel Enoch
Totten, and Mr. Chandler, OF Missouri in behalf OF
defendants, while William A. Cook and Colonel
George H. Corkhill represented the Government.
Among the spectators were Messrs. Lewis Clephane,
Wash b. Williams, b. II. Warner. Hallet Kilbourn,
DIR. J. T. Johnson, J. r. Olmstead, NJ W. Fitzgerald,
and others, Amer the court had been duly opened
JUSTICE cox SAID:
"1 will state in regard 10 the question of fixing
the amount Of bail Of the parties against whom
charges are made In the information filed that
have only been able thus far TO take cursory
glance az the paper, referred TO. In considering
the relations which II 10 claimed the different par.
ties bore to the alleged conspiracy described in the
paper, and the peculiar circumstances surround
ing each, have concluded that In the case of ALL
excepting two of the parties, namely, Messrs.
French and Turner, who were clerks In the De.
partment, reasonable amount OF bail would be
5000. and In the case Of the two, whose names
be happy to listen to any suggestions that tho
counsel may see proper to make"
READY TO GIVE BAIL.
Mr.. Totten-'1f Your Honor please, Ibeleve that
i me gentlemen are all present, ready to give
invite the attention of the court to one circum-
stance, and that Is this: This paper, called an IN
formation was filed here without any notice to
US, without any order nisi, aud, as have been in.
formed (how accurate my information Is of course
do not know, the Court stated II might be filed
under the circumstances which were stated by the
gentlemen applying to the Court at the time, sub
ject to all the exceptions and objections which
might be taken to II hereafter. Now, understand
from that remark of Your Honor that we are to
have the same privilege ofmaking objections now
that we would have had had an order
SLsi been entered, And had Two been
cation to resist e. II I am incorrect In this i'm.
preston should like TO be so informed by Your
Honor, We do not desire 70 waive any privilege
tice by giving bonds here"
The Court" No; the giving OF bonds will not
quash the information, 1 understand aud on mo.
tiOn-"
Mr.. Tottcn-"No; will not say that we propose
70 do that will not say what we propose to do.
We will doubtless move to quash the Information
at some time or other; but we may make pre-
liminary motion prior to that. The Information
may be quashcd for sundry and divers reasons.
There are q great many infrmites inside Of the
paper ITSELF and there are great many outside of
it. For this reason, among others, we desire to
and In the proper way to all of the obligations that
exist to this peculiar and
EXTRAORDINARY PRACTICE"
The Court=.,"You can have that opportunity.
The giving Of bond will not amount TO q waver on
your nari, or anything OF that kind"
Mr.. Toten-"Vc vol we aro ready to give
the bonds now; Then Your Honor, ] may as well
state mere, while am on my feet. that we Will not
DO able TO file the motion to quash or any other
motion to-day, but may tomorrow morning. We
NE onoS S we get ire ready We T gye
give the other gentlemen also due notice of It,"
Mr.. Cook" In order that there may be no mis-
apprehension, and that the practice may conform
/ desire N
with the suggestion made by District-Attorney
Corkhill aday or two since. to have II distinctly
motion proceeding In this case, after the giving
of the bail shall be given to me-"
Mr.. Totem" Let me make an inquiry. The
statement of Colonel Cook, MS made the other day.
ms gather II from the newspapers Is little blind,
rs comprehend. will state here that get most
Of my information about the star-route cases from
the newspapers: they arc very generous oil that
subject / should like
TO KNOW ny WHAT AUTHORITY
I am required TO give anybody notice that am
going 70 make motion; / can come to the rec.
ords Of this court and file motion whenever l
The Court written motion does not require
notice TO be given OF its filing"
Mr. Tottcn-"No. am In duty bound, however,
not only by the rules OF our prnctlce, but by the
common rules OF fairncsst TO give the opposing Coun
sci notice ofwhat We intend do In the way OF ar
gumcnt, In order that they may have an oppor-
tunity to appear and resist us. But we may file
our motion wheneyerwe see ht
ne GSasTRSTo is mo doubt about that at, h,
troubled about not having notice. They shall have
all the notice they desire. They shall have three
The Court-"You cannot undertake the argu.
ment of any motion, Of course. without notice."
Mr.. Cook-"That Is all j arose to say"
The CouTt-"It Is not necessary, however, to
give notice of your intention to ile paper"
WHAT Mr.. COOK WANTS.
Mr. CoOk-"I do not desire that at nll, but when
the motion is filed would like to have the ordi.
nary notice of the time of hearing"
Mr.. Totem" OF the hearingf'
Mr.. Cook" OF the fact that q paper has been
filed which VIII DO called up for hearing nj somo
period subsequent to its filing Is that distinct. Mr..
Mr. Tottcn--" Not very to me; II NAV be to you.
Mr. Cook-"1 have been accustomed to think that
you are somewhat clouded In intellect"
Mr. Totten-"I am when You are talking. usually.
Il Your Honor please. we present Messrs. John
+. Omstead Nathan W. Fitzgerald, Lewis Gle
Brady" '''''''' O'''''' ''' -'' -
RESPONSIBLE GENTLEMEN.
The Court-"I have no doubt aboutthe RESPONSE
bility of the parties you have named. ] do not
know whether the attorneys for the prosecution
desire to have them sworn and examined or not"
Mr.. Cook-"l have not myself any doubt about
would prefer that there should be regular justin.
cation because property In estate Is very huctuat-
Mr.. Totem" NJ brother Cook Is disposed to be
technical about this. won Id like to Know where
he gets the authority to require the Court to forty
It's discretion III the taxing OF q BOND by what lie
calls Justification. There Is no such thing known
to our practice II Your Honor Is satisfied that any
one of these bondsmen Is good for $500 that Is all
that Is necessary. The discretion is lodged In Your
Honor, and not In my brother who represents the
broad United States Of America"
Mr.. Cook-"1 have not required the court to do
anything, and would not require my brother Tot
ten to do anything, because he might not be COM
petent TO obey my commands"
Mr.; ,Iotten !sotto roce)-" Certainly. Iwould not
be willing to-"
Mr. Cook-"I submit the question TO the Courtr
The Court-'I am satisfied with the suretlcs;
they may be received"
Mr.. COOK SATISFIED.
Mr. Cook Very we'll"
The snreties named came forward and were
Mr. Wilson-"we will offer as surety for Mr..
William H. Turner Joseph I. Johnson and James
DR.: Johnson is present"
The Court will examine him. IL he will step
forward to the clerks desk"
DIR johnson was then questioned by the Court,
and the Court announced that II was satisfied re-
gardinR Dr. .Johnsons responsibility, and he was
then qualified as surety.
Mr.. Humphrey was not present.
Mr.. WILSON" IL Your Honor please, on behalf of
Mr.; French, offer Mr.. b. II. Warner and Mr. W. b,
Williams"
The Court-"They are good enough let them
step forward and be qualified"
Mr., Totten-" will state that Mr.. s. p. Brown IL
not In court at the present time. but suppose that
his bail may be taken at any time during thc'day,
when he may appear His surety Mr.. Mills Dean,
is present"
Mr. Cook" oh, certainly"
The Court" Yes OF course"
Subsequently Mr.. 3. u. Brown arrived with Mr.
Mills Dean, and the latter gentleman was accepted
rs his surety.
Professor Donch's silver Wedding.
Professor Henry DoDch, the well-known