Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1881-11-10
ON TRIAL.
The star Route Cases Opened On Mo-
ton 10 0uash the Indictment

| w AShiNe1oN, NOV. o.-ArEument or
the motion to set aside criminal inform.
ton in the star route cases begun this
morning. The last and principal aryu-
ment used by counsel in favor oil
lquenching the indictment against the
accused, was constitutional one. Tn.
der the constitution. no one could be
held to answer for any capital or infam-
Gus CRIME, except on presentme nt or in
dictment by the grand jury. He arsued
that the crime here charged was in.
famous, and 1t therefore could not be
prosecuted by information. He quoted
a number of authorities in support OF
his proposition, and called attention to
the fact that section 1910 of the revised
statutes gave the police court exclusive
jurisdiction over all crimes and misde-
meanors not infamous, thus impiedlv
defining all crimes punishable by inn
prlsonment IN the penitenGary AS in
famous. In concluding his argument,
Wilson SAID: II know that your honor
appreciates the importance of the oues-
ton presented by this proceeding. 1t
is no.'the accused alone who are inter
ested. The right and interests of all
the people of this natior are involved
in this question If you decide it the
district attorney can without evidence
present the citizen for grave CRIME,
for that is what you must do il you sus-
this proceeding. If you decide that the
party be prosecuted for an otiense which
has not been defined 10y any statute, as
you must do If You sustain this proceed
ing, you will have put the law OF this
nation back where England was 200
years ago"
Wilson spoke for over four hours.
lie was followed by Bliss of the gov
eminent counsel. He said that il ap-
peared from the argument Just made
that the defense had other objections to
the information, and that there were
other propositions to be made against
1t. He instanced a remark Of Wilson
to the effect that section $40 had been
repealed, and that point would be
made upon that by one of the other
counsel for the defense. He thought
1t fair before the prosecution should be
called upon to answer all the PROPOSE
tons that the defence should be stated
Cook also commended that Iugersoll
should present the case of Brown, his
client, before the prosecution should
be obliged to go on.
Ingersoll.-I suppose that after we
shall have heard from one of the learned
gentlemen on the other side, it may be
in order to say few words in regard
to Mr.. Brown; but | am free now to
contract that if either of you gentle
men successfully answer the argument
that has been made, | will say nothing
about Brown. Laughter.
Bliss said he wished to be perfectly
fair about the matter. 1t might hap
pen that some of the points which he
was to answer would be presented by
Ingersoll which would necessitate his
| Bliss, again addressing the court
He thought, therefore, it would be bet
ter for Ingersoll to precede him.
Ingersoll.-I may say for the en-.
lightenment of Mr.. Bliss, that | shall
insist that the facts set forth in this in
formation, in regard to Brown, even il
it all be admitted to be true, do not
constitute any oiiense; secondly, shall
insist that the facts set forth in each
and every count are contradictory, alb
surd and impossible. (Laughter) 1t
is impossible that any such acts should
be done in any such way Now that is
my general statement-that there is
nothing in this information charging
Brown with any indictable otIense.
Whether an information needs facts is
another question. | shall insist that it il
impossible that Brown ever conspired
with Brady to influence Brady, and
that Brady ever conspired with Brown
to get Brown to influence him. laugh
ter). | shall insist that Brown never
conspired with Brady to give the con
tract to McDonough and that tbereup.
on McDonough never conspired with
| Brady and Brown to have the con
tract declared null and void. / shall
insist that McDonougb never conspired
to cheat himself, aud that he never
went to the extent of hiring Brown to
help him. Laughter | shall also in
sist that it is not within the horizon of
the probable that any man ever paid
| eight or sixteen hundred dollars TO get
another to conspire with another man
as well as himself to defraud himse If
4
Now | think l have given the general
view of the course | intend to pursue,
so far as Brown is concerned. ! shall
also insist that the affidavit Of James
to the effect that certain contracts
are on file in his Office does not tend
| to show that Brown went to New York
with an illegal object. shall also in
sist when James states II ms affidavit
| he has had conversation with certain
persons, that these persons shall be
brought into court. ! shall insist when
he speaks of contracts that those con
tracts shall be brought into court.
shall insist the same in regard TO the
affidavit of Woodward and finally, !
shall insist land here Ingersoll dropped
his bartering tone and spoke seriously,
emphasizing his remarks with blows Of
his hand on the table, that in this
country or any other country Saxon
blood gives evidence Of liberty and
manhood. The grand jury stands be-
tween the citizen and his calumniator,
no matter if that calumniator is an
officer of the cabinet or the president
the United States