Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-08

WASHINGTON, Nov. 7.-At the opening of
the criminal court this morning District At
torney Corkhill made long personal explana-
tion to the effect that Cook was appointed by
MacVeagh as special assistant attorney gen.
eral charged, with the prosecution of the star
route cases. He (CorkhilD had therefore not
been consulted in connection with the prose-
cation. Cooks consultations had been all
with the attorney general, whose assistant he
properly claimed to be. He (CorkhilD could
not know anything officially of the case, or be
in the slightest degree responsible for it. He
denied that the present proceeding by criminal
information had been rendered necess sry by his
adjournment of the grand jury from the 10th of
September to the Sd of October. On the 5th
of September he called upon Attorney General
MacVeagh and informed him that he would
have no business for the grand jury when it
assembled, and that if there were any of the
star route cases ready for presentation, the
grand jury was at his service for three weeks,
otherwise he intended to adjourn the grand
jury till the first Monday in October. The
attorney general then informed him that since
the presidents assassination he had not given
the star route cases any special attention;
that he knew nothing of them, and that he
(Corkhill need not bother himself about
or those of the grand jury were required, he
would be notified by the person having charge
of them. Under these circumstances the
grand jury was adjourned for two weeks. On
the 23d of September he was informed by
Cook that the attorney general wanted to see
him, and in company with Cook he called on
the attorney general, and was then requested to
sign a criminal information. He then pro-
tested against the abuse which he had been re-
ceiving, and against the insinuations that had
been published about the adjournment of the
grand jury.
In the star route cases this morning argu-
ment was resumed on the motion to auash
the information, Cook opposing the motion.
He said the motion did not come into court by
authority OF the prosecuting officer, but at
the request and direction of the department of
justice, and of the postoffice department where
the frauds are alledged to have taken place.
The prosecution of cases by criminal informa-
ton had prevailed in the district for two
years.
an argument against the motion to quash the
criminal information, prefacing his argument
by saying it might be supposed he would re-
ply to the vituperation which the defense had,
through hired scribblers and through the
press, bestowed upon the attorney general,
the postmaster general and himself, but it
could not be done. This was not the proper
other qualities, should invariably possess
those of gentleman, and this consideration
would restrain him from any
reply which might otherwise be
justified, in regard to those
personal assaults. In these cases Cook said
the statute of limitation required the filing of
information. How that happened 1t was not
for him to say. The fact would appear in the
annals OF the court that the grand jury did
take recess of ten days. and that 1t was,
therefore, imposs ible to bring the star route
cases before It. Within those ten days he had
no notice directly or indirectly of the recess
of the grand jury. He had been called by
telegraph to Long Branch to consult with the
attorney general, postmaster general ana Mr..
Bliss, and when he reached the city
on his return learned that the
grand jury had adjourned. There
was but one pathway open, and with labOrlous
effort, with constant work far through the
hours of the night, the information was pre-
pared and filed. He had no censure to pass
on any one. He had living, breathing facts to
present. Therefore the necessity for filing the
information, Otherwise the statute of limit
ations would be an effectual bar to the prose-
cution.
Cook then proce eded to argue that eonvic-
ton in this case would not render the accused
infamous, and therefore the position of
the defense on that ground could
nection he quoted from a decision of the
supreme court of the District of Columbia
that TO make crime Infamous the penalty
must pronounce against the offender depriva-
tioa OF his civil rights, not his privileges,
such as sitting upon q jury; and, in absence of
such forfeiture, crime was notsinfamous un-
less expressly pronounced such. Brewster
on the same side, will make argument to-
morrow.
THANKsGIrINe PROCLAMATION.
The following proclamation was issued from
the department of state to-day: By the president
of the United States of America, proclama-
tion-It has long been the pous custom of
our people. with the closing of the year. to
look back upon the blessings brought to them
in the changing course of the seasons and to
source from whom they flow; and
although at this period, when
the falling leaf admonishes US that the time
of our sacred duty is at hand, our nation
still lie in the shadow OF great bereave-
ment, and the mourning which has filled our
hearts still finds sorrowful expression toward
the God before whom they lately bowed in
grief and supplication, yet the countless bene-
fits which have been showered upon the
United States during the past twelve months
call for fervent gratitude, and makes 1t fitting
that we should rejoice with thankfulness that
the Lord, in his infinite mercy, has most sig
nally favored our country and our people.
Peace without and prosperity within have
been vouchsafed to US. No pesti-
lenee has visited our shores. The
abundant privileges of freedom which our
fathers left US in their wisdom, are still our
increasing heritage, and if in parts of our vast
domain some affiiction has visited our breth-
ren in their forest homes, yet even this cal
amity has been tempered, and in a manner
sanctifed, by the generous compassion for
the sufferers which has been called forth
throughout our land. For all these things,
it is meet that the voice of the nation should
go up to God in devout homage. Wherefore,
l, Chester A. Arthur, president of the United
States, do recommend that all the people OBJ
serve Thursday, the oath day of November.
instant, as a day of national thanksgiving and
prayer, by ceasing, so far as may be, from
their secular labors and meeting in their sew
eral places of worship, there to join
in ascribing honor and praise to almighty
God, whose goodness has been so manifest in
our history and in our lives, and offering
earnest prayers that his bounties may con.
tinue to us and to our children.
In witness whereof, have hereunto set my
hand and caused the seal of the United States
to be affixed. Done at the city Of Washing.
ton this fourth day of November, in the yeal