Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-05
THE STAR ROUTE R0GUES.
BLISS AND INGERSOLL IN THE
LISTS.
Argument on the Motion to Quash
the Informs matiOn.-COmmOn sense
versus Special Pleading.

WASHINGTON, November 4-Argument
on the motion 20 set aside the criminal IL
formation in the star route cases was re-
sumed this morning. George Bliss, special
counsel, addressed the court on be .
half Of the government. He gave as
a reason why the information
was fled that the grand jury had been ad-
iourned until October 81, and what we're
regarded as some Of the most important
and effective overt acts had
taken place on the 1st of October,
and it was likely therefore that
unless proceedings were begun in some form
the plea Of the statute of Limitation woud
have been set up by the defendants. Mr..
Bliss argued at length against the motion to
qussh the information.
Mr.. Bliss admitted that the action of the
government in placing the Information be
fore the court was unusual, but not without
precedent, aud urged that it was the
only direct way by which the gov
ernment could place the facts properly
before the jury. he strengthened
his argument by reading number
of authorities, which he subsequently fled
in the shape OF brief. The main point
made under these authorities was that any
person OF persons guilty of any crime aris-
ing under the reveuu- laws Of the United
S'a'es, or incurrlrg any fine or forfeiture by
breaches of said laws, may be prosecuted.
tried and punished, provided the indict-
ment or information be fcu1d at any time
within five years afrer committing the Of
fense. any Law or provision TO the contrary
notwithstanding.
Some further authorities were cited by
Mr. Bliss with reference to the question of
conspiracy, he maintaining that IN this case
conspiracy could be proved and quite prop
erly sustained. Referring to the position
taken by counsel for the defense yesterday,
that Brady could not as an executive officer
be proceeded against by indictmen'
much less by information, Mr.. B iss
said 1t seemed extraordinary TO
him that these gentlemen should say: "We
are not liable to grand jury inquest; we are
liable only to impeachment, aud being out
of office now impeachments smouut to
no'hing. Any officer of the government
need then, after the most corrupt practi =,
only resign. He referred to the Belknap
case as showing the impracticabiliJY OF the
Impeachment plan. r -ferring to the Tweed
case be said it was not alleged in the iudict-
ment against him that any of the money
ever went into his pocket. Still counsel
come here aud lsugh because they did nor
sltge 20 the information THAT any OF the
money went Into General Brady's pocket. "
He then made a severe arraignment of
General Brady, who, be said, being entrust-
ed with discretion bY the government, did
not exercise that discretion for the good of
the people and of the government, but he
was using It for the good OF a few by
squeezing this man out, putting that man
in. squeezing this contractor or that to pay
cOntrlbu ions. "Perhaps, he urged, before
the defense finish this case they will seek TO
avail themselves Of the principle which
rhey laid down yesterday, that members of
Congress, too, are exempt from such prose
cution."
Mr. Bliss was followed BY RObt. G. IUger-
soil, of counsel for defendants, who first
called attention TO the question of probable
cause. The sffidavits aud Information were
all evidence, all probable cause in the
case. He desired to show how
much It amounted to In evidence.
This information" be said, "sppesrs to
have been presented in this court not by
the Attorney General" and he would ssy
here, "the Attorney General had not stand
ing in this court" The government was
represented here by he District Attorney.
This information was filed by
the District Attorney in partnership
with certain other gentlemen, and he
| doubted whether the District Attorney had
any right to divide his responsibilities. He
read from The first count of the information
az the section, alleging that Brady, Turner,
French, McDouough, Brown, and others,
''corruptly cOuspired 70 defraud the gov
eminent bY procuring unnecessary c0mpen
sstion. and to be paid for carrying mails on
/ certain routes, etc s"
The first objection he made was to the
word unnecessary" 1t was for the Post
| Office Department to say what was unnec-
esssry. 1t was not for the District Attorney
to decide that question. The plesder must
set forth accurately the facts, and not only
| charge that it was unlawful and eXtTava-
| giant, but must hold why it was unlawful
/ and extrsvagant. "DOes the United
| States carry mails simply as q
means Of profit? VIII It now be said that
| it is extrsvagant TO carry mails to some vii
| lage In the Sierras simply because thers
were not letters enough in the bag to psy
| expenses Was that to be the standard for
measuring what was extravsgancep H
| then called attention TO what he termed the
| 'iucOnsistencies" of the Information, but
the court adjourned before Mr.. Iogersoll
had concluded. He will finish the argument
/ to morrow.