Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-08
THE STAR ROUTE CASES
MIR. W. A. COOKS CLOSING REMARKS.
ARGUMENT OF MIR. BREWSTER.

ARGUMENT OF MR.. BREWSTER.
Mr.. Cook continued to speak yesterday after
THE STARS report closed until quarter past three
o'clock, when the court adjourned until to-day.
He showed that the practice 0 filing information
was not uniform. II the power to file rested with
the government, he held thatlt was not a matter
within the discretion of the court II the defend
ants had been improperly arrested, there was a
remedy, but the order permitting the filing of the
information must be retained as the basis Of a rule
TO show cause He explained the necessity of
filing the Information on the ground OF
the sudden adjournment Of the grand Jury
without his knowledge. The information, he
held, was supported by affdavts Of sworn off,
cials, based upon information, 1nvest1gat ation, be-
lief, and the conduct and acts OF the accused.
Going into the question OF probable cause, Mr..
Cook maintained by quoting many authorities
| that to warrant commitment that proof was
not required which would secure conviction.
He held that the common law OF Maryland, in
herited by the District respecting conspiracy, still
prevailed here, and, moreover, that the Revised
Statutes, under which the accusations had been
made, were clear and explicit The author
tiles quoted, he said, would undoubtedly
have weight with the court They would not
however, with Col. Ingersoll, who seemed to con-
slider 1t sufficient to present his individual rules
without reference to specific authorities He ridi-
culed the notion that no frauds against the United
states, not constituted specific offence, could
be punished; and also that no proceedings could
be had against officers for abuse OF discretionary
power Stih he held that If this position of the
defence could be maintained, it would let Mr..
Brady only escape. He defended the information
at considerable length, as being definite and clear
in its TERMS and held that was not necessary
that Brady should have received any OF the amounts
OF money involved: Speaking OF the charge OF
dol II
that until March last Thos j. Brady stood, with
nam!nt sword at the portals OF the Post Office
t ana IL was not unt ne iet tne qe
referred, In neat figure, to the arguments OF the
defence as fig leaves OF tecsncalities which could
no more defend Brady and his companions from
justice than the fig leaves OF Adam and Eve could
ward of the consequences Of their guilt He closed
with very glowing and eloquent peroration, ex-
pressing the determination OF the government to
ego on" with the work.
MIR. RreWster,s Argument To-day.
AT an early hour this morning the Criminal
Court room was crowded, it having been an
nOunced that Mr.. Brewster Of Philadelphia, was
to speak to-day. The leading members OF the bar
were present. The counsel for the government,
Messrs Brewster, Cook and Corkhill; the counsel
for the defendants, Messrs. Totten and Wilson,
were early in their places. Mr.. Brewster said:
May it please the court: The act of Congress
that authorized the payment OF the money that
was claimed to be due upon these star route con-
tracts contained a reservation almost command
ing the public prosecution, reServing the right to
the sovereign of the United States to proceed by
public prosecution If it was necessary, but that
reservation was hardly required by law; it was
kind OF command from Congress to investigate
these matters of complaint Accordingly, when
Gen. Garfield became the President OF the United
States, acting upon that command, and when the
opportunity first offered Itself for fair investga-
ton and way was opened by the absence OF
those who were accused from the possession of
the documents and the evidences and
proofs, the Investigation was ordered
and begun by the President, to a certain
extent supervised by him, for he was in earnest
upon this subject. That Investigation was pro-
ceeded with, proceeding as rapidly as the circum-
stances of the case would admit Of, when that
and q the a whoie efes people, p
paraiyzed; business itself throughout the com la
munity Was parayzed, and here those proceeding
FOR While paused.
THE PROCEEDING BY INFORMATION NECESSITY.
Just after the death Of the President, or about
the time OF his death, it was discovered that this
complaint which we now present, and which is
the subject of your consideration, was in that con-
dition that If some action were not taken, the
statute of limitations would bar complaint; and
accordingly it became necessity to institute
these proceedings. They were not instituted from
any desire upon the part Of counsel who were re-
taned in the case or those who are engaged at
the command OF the government in prosecuting
them; they were not instituted for the purpose of
avoiding the ordinary methods OF orderly litiga-
tion In such proceedings; they were instituted
from necessity. The opportunity to know in
to na
of1cers- opportunity, / say, was not given
to the government and its officers
for those who were in possession Of the offices and
the documents t and the M papers that helped to re-
VVprQ
essential for the proper of any OF these
proceedings was not within the possible reach
for my colleagues and those represent and those
who instruct me,-we w0lld. have preferred to
e te sas a ny
ments, and OF these unnecessary reproaches II
In your opinion this proceeanf IS positively irreg;
work bad result by establishing a dangerous
precedent,nif en- IN your oplnioa , as Judge, such
e be ee declared we our d
you will have done yours and the law wih have
been malnt lined. We wish to strain nothing, to
ef @ M the law to protect the p pubic. "''' WV S '
= At this Juncture was called into this case.
Down to that time had no connection with 1t.
When was first invited 1t was doubtful whether
could accept the offer so handsomely made to
me. thought that my other professional duties
would me acsptng it mould take me
into this case. This information and this method
OF proceeding had been agreed upon as the neces,
examined 1t with care, ans came to the cOnclu-
tlon That that which was proposed to be done and
the manner In which it was presented by the
papers that were prepared was well done, was
done according to the forms and precedentS OF the
law, and stand here to maintain them.
NOW, Knew that have very difficult task to
perform have to conclude an argument upon
tnese questions that are before the court in case
That has been as fully argued as any case that I
ever neard or l can do but little else than sup
plemenC what has been said and summarize in
way wnat mas been presented. The object of
counSel Is not merely to assist the litigant in
case like this-it is to aid the court; and the coun-
sc! Is wanting In his duty If he does not aid the
court L, He must aid the court not by idle and by
ana Dy remarks, but as nearly as his ability and
learning will permit him by carefully considered re-
uecClOnS, ana say now before l enter into
the BODY OF the argument that shall briefly pre-
Sent Dr1ef from necessity and brief from inclfna-
ton, that We do not desire to urge this court to
strain the law. Said he, '.your honor remembers,
my Drethren remember, and remember that famous
remark OF Lord EldOn, that lawyer is lacking In
MS duty who endeavOrs to strain the practice of
tne court and the principles OfEhe law" He said
InaC II ne were to consult the impulses of his own
CONVICTIONS he would sit dorm and not say one
Word further; because he was perfectly conscious
ana every lawyer must be sstk1at all that can be
preSente9 10 this court upon this subject has been
presented" Said he, ss1de BY side with gentle
men, though not together, these who are Tor the