The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1881-06-23
THE FIRST MOVE
In the Star Route Trials
Made by Brady's Counsel.
Application for an Immediate In
vestigation
Resisted by the Government
and Denied by the Court.
THE FIRST MOVE
No official Investigation Until
September.
The Proceedings i'm Court To-day.

The Proceedings i'm Court To-day.
When the Criminal Court convened this
doubtless scenting that some UNI
usual occurrence was to happen, there was
n large attendance Of prominent members of
the bar and others. After the formal OPEN
ing of the court the jurors had been called.
Col. TOtten's Remarks and Motion.
Col. Enoch j. Totten arose and said that
before other matters had been attended
to, as one of the counsel of Gen. Thomas j.
Brady he had occasion to bring to the notice
of the court that the grand jury is soon
to take Il recess, and that there are pressing
matters of public concern which demand
their immediate attention. 1t has been
given out in the public press and otherwise
that Gen. Thomas j. Brady and others were
to be brought before this grand jury on u
criminal charge connected with
Alleged Frauds in the Postal Ser
vice.
He now made application to the Court in
view of these rumors and charges that the
grand jury be instructed to Immediately
take notice of this public rumor and proceed
to the investigation Of these charges against
his client. We want said he, this jury to
take charge of these cases now. We do not
wish any delay while our client is suffering
under abuse and SANDER. If the testimony
is ready, as has been alleged, there is
No Reason or Excuse for Delay.
We have been told by the press, said he,
that the whole case Is prepared and that
this man Brady is guilty beyond perad-
venture. We therefore ask that this mat
ter be examined by the jury now We
ask ii as u right for him whom we claim to
be malignod citizen. We have heard it
stated ais, nat Col. Cook has said that he
did not deem 1t advisable that the case
should be presented to the last grand jury
for consideration. The press so reports him.
What! Do Col. Cook and the prosecuting
authorities mean TO say that one grand jury
is more honest. more trustworthy than an
other? Or is it that the prosecution were
i'll search Of
A Grand Jury TO Fit Their Case.
Even if this were the object he did not
think they had succeeded. Gen. Brady
for months has been subjected to torrent
of abuse on all sides. He has his rights as
citizen and he should be permitted to meet
at once these calumnics before the courts.
His right to justice should not be delayed Il
single day. Let all the testimony be brought
before the grand jury at once, and If a true
bill is found against
Brady, his Counsel arc Ready for
Trial.
Let this villification stop. Let this tor
rent of abuse be put an end to. This
matter was presented to the court as ofpubic
notOriety. 1t is true that Brady is not
named except by public rumor, but it is
nevertheless true that it is known through
out the country that he is the principal OBJ
ject aimed at in the prosecution of what is
named as the star-route frauds. He asked
in the name of common justice, and in the
name of that constitutional right for u
speedy trial which every citizen holds, that
the grand jury at once proceed to investi-
the matters charged against him by COM
mon rumOr.
MIR. Cook opposes the Motion.
Col. William A. Cook, for the Govern
ment, said that in his opinion this applica-
tion had no precedent to sanction 1t, and he
was called upon to combat il without due
notice. He thought it difficult to under
stand the restlessncss of Mr.. Brady and his
counsel when no direct charges had been
made against him. Up to this time this
court has no notice that Gen. Brady is ac-
cuscd of crime, postal or otherwise. This
court can take no judicial cognizance of
The vapOrinSs OF the Press.
1t is an awful position to hold that what is
said in the public press can be taken judicial
notice of by the Criminal Court. He
claimed that Gen. Brady had bought and
now controlled an evening paper in this Dis
trict for the express purpose of countcracting
the attacks made upon him by the morning
press. HonOrs were easy about the press
abuse of him. Ifthe press rumOrs amounted
to anything it was war of newspaper
against newspaper. These press rumors are
unparalleled and show that there is dis
position to fight this
Fight by ycMsDaDer
This application of Col. Tottcn means
simply to ask the court to take upon itself
the functions of the Attorney General of the
United States and his associates in this case.
What action of law has called these gentle
men into court in behalf of Gen. Brady :?
There is none. They have no standing in
court.
Col. Cook Claims to speak for the
President.
Speaking in behalf of the President and
his advisers, he would say land it might be
deemed officially spoken) that the President
has taken the position that the investiga-
charges must be made except after the most
thorough investigation; that no rumor must
be accepted, and that all prosecutions must
be based on tho cold facts. No fear favor
or affection will dominate the prosecution.
If, after such an examination, it becomes
necessary to indict the highest in the land
he Will be indicted and prosecuted with the
same vigor as hc humblcst. There is
There il Now No Case Against ThOs.
j. Brady
or any one else in connection with the star
routes, As to the delay in presenting the
cases to the grand jury, he would say that
as that body was to be adjourned in the first
week of July, in conformity to the annual
custom, he was not prepared to present the
charges against the star-route defrauders. 1t
could not be done until September Vast
masses of record evidence, extending over
three years, and extending their ramifica-
tions over the whole country were to be
examined. Such work cannot be done in
moment. Witnesses, some of them re-
luctant, cannot be brought here from
thousands Of miles at moments
notice. Noinjury can be possibly sustained
by any citizen by the postponemcnt for the
present of these cases. While it may be out
in the press that Gen. Brady is suspected, it
is not out here that he has been judicially
suspected. Gen. Brady, as soon us the oral
and documentary evidence can be presented,
will have the full benefit of that presenta-
ton under the superintendence of the court.
The remaining portion of the term of this
court will be occupied with the trial of
parties incarcerated and unable to obtain
bail, and he called upon District Attorney
C0rkhill to corroborate him.
A Letter from. Brady's Counsel.
Col. Corkhijl said that he had received
the fullnNinu ca,n,,un