Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-11-05
THE STAR ROUTE CASES.
Contin uance u the Arguments on the
Criminal Information.

WASHINGTON. Nov. 4. The argument OF
| the motion to set aside the criminal informal
ton in the Star Route cases was resumed
this forenoon, before Judge Cox. George
Bliss of New York, addressed the court on
behalf of the government, giving the reasons
that led the counsel for the government to
take what they admit to be somewhat unusual
proceeding of filing or seeking to file his. in
formation.
Mr.. Bliss cited several acts of the revised
| statutes to show that the prosecution had a
right to proceed by information in criminal
cases. and that it had been repeatedly recog-
nized by Congress by authorizing criminal
proceedings by .'indictmen. on information,
| and cited cases where the right TO flle infor-
nation had been sanctioned by the courts
The question remains whether the crime
charged in this information is~one coming
within class in which informations are al
low able; viz, for capital or otherwise In
famou. crime" This information being
clearly not capital, it only remains now
to ascertain whether it Is infamous
There is no decision that the conspiracy to
defraud, or and conspiracy, which does not
concern the administration of justice is an
infamous crime. We, therefore, broadly say
that conspiracy to defraud has never been
held by the courts to be an infamous crime.
II follows that conspiracy, such as IS
charged in the case before the court. is hot
an infamous crime. But, if the court should
regard the question as doubtful. safer and
fairer way is to allow the case 70 proceed. II
there is a conviction, a higher court will pro-
tect against the enforcement OF the Judge
ment, if its very basis is adjudged Illegal. II
there is an an acquittal, no injury will be
done and the defendants will obtain what
they insist is their due.
lie maintained that under Section $40, X.
S. the information certainly did charge the
defendants with the crime Of conspiracy, and
in legal and proper shape, and insisted that
the alleged conspiracy was not only possible
for the defendants to execute, but that they
did in fact execute it to the injury OF the
government and their own enrichment. The
objection that information is not filed BY any
officer authorized TO file the same, is directly
in the face of the decision in L. s. VS..
Black, which holds that it may be filed by
the l.. S Attorney. In this case, moreover
for greater precautions, the information is
filed BY direct representative of the Atty
General, and by express authority of the
Attorney General. Mr.. Bliss attacked the
position taken yesterday, that Brady could
not be proceeded against, even by indictment,
much less by information. An officer said Bliss
might commit all sorts of crimes, and might
then resign. lie could then go scot free,
because the only remedy was by impeach-
ment, and impeaci ment did not lie against
a person out of office. That was the doc
trine the court was asked to establish here;
that an officer might defraud the government
and having resigned, might snap his fingers
and say in the words of Tweed, ''What are
you going to do about it,
Bliss replied in detail to the criticism adj
vanced yesterday, upon the form of informa-
ton, and in conclusion, said the last objec-
ton seeks in effect to try the guilt of the ac-
cused on affdavits. In such mode of trial
the defendant, if guilty, as we believe, could
doubtless outswear the government. We
prefer to try them where the constitution and
laws give us the right to try them before
jury of twelve men, and with witnesses facing
the court, jury and subject to cross exami-
nation.
Mr.. Bliss having rested his case, Ingersoll
commenced his argument. Continuing. he
took up the seriatim counts in information,
criticising and ridiculing them as he pro-
ceeded He then proceeded to call the atten-
ton of the court to what he termed uncon-
sistencies apparent upon the face of the in
formation, asserting that it charged Melon
ough with a conspiracy to defraud himself.
That it charged Brady and McDonough with
paying his client, Brown, Sl2, 800 for intlu-
encing Brady to conspire. Was it possible
that he asked that one of the conspirators
would apply to an outsider to use his intlu
ence to get co conspirator to conspire? If
it should turn out to be true that McDonough
paid Brown to influence Brady to conspire,
that allegation would be the evidence that
Brady had not conspired. The court ad-
jOurned until tomorrow morning, when Mr..
Ingersoll concludes his argument.