Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-11-04

Arguments to Set Aside
Criminal information.
Robert G. IngersOIl Takes Prominent
Part in the Counsel for the Defense.

wAsHrxersx. Nov. 3. Arguments on the
motion to set aside the criminal information
taking the place of an indictment in the star
route cases began Thursday morning before
the Supreme Court of the District holding
a criminal term.
The government was represented by Dis
trict Attorney Corkhil. and by Brewster OF
Philadelphia. Bliss of New York and Cook
of Washington; the defence by Messrs. Trot-
ten, Wilson, Shellaberger, Robert G.. In
gersoll, Sy2her. xReprestentive from
Louisiana. and Jefferson Chandler OF ST.
Louis.
The argument was opened by Jeremiah NJ
Wilson He recited the steps already taken
in the case. and said there could not be
authority found in any statute for hllng
criminal information: he challenged the
counsel of the other side TO point out any
such statute He argued at great length In
support of the statement.
Wilson continued his argument at great
length. critized and ridiculed various courts
in the information denying that the prosecu-
ton had shown any offence, which had been
defined as such by the statute. The last rea-
son presented in support OF the motion 10
auash was constitutional. nder the con-
stitution no person could be held TO answer
for apy capital or other infamous crime ex-
grand iury He argued that the crime here
charged was infamous and therefore could
not he prosecuted by information. He quot
ed a number of authorities in support OF MS
proposition Wilson spoke over four hours
Bliss one of the government counsel, ad-
dress ed the court. 1t appeared that the de-
Tense had other objections to information,
and that there were other propositions to be
made against it. He thought IT but falr that
before the prosecution should be called TO
answer, all propositions OF the defense
should be stated. Cook also commended that
Ingersoll should be present in the case OF
Brown, his client, before the prosecution
be obliged to COON
Mr.. Ingersoll-Suppose that after we shall
have heard from one of the learned gentle
men?
On the other side, it may be in order to
saw few words in regard to Mr.. Brown. but
| am free now to contract that if either OF
YOU gentlemen successfully answer the arg
ument that has been made. | will say moth
ing about Brown. daughter
Mr. Bliss said he wished to be perfectly
fair about the matter. 1t might happen that
some of the points he was to answer would
be presented by Ingersoll. which would ne
cessitate his Bliss again addressing the
court. He thought, therefore, it would be
best Tor lngersOll 10 preceue MIN.
Mr.. Ingersoll--I may say for enlighten-
ment of Mr.. Bliss, that shall not insist that
the facts set forth in this information in re-
gard to Brown, even if all are admitted to
be true, do not constitute any offense.
Secondly. | shall insist that the facts set
forth in each and every court are contradic-
tory, absurd, and impossible. daughter
1t is impossible that any such acts should be
done in any such way That is my general
statement; that there is nothing in this in
formation charging Mr.. Brown with any in
dictable otfense. Whether an information
needs facts is another question. shall in
sist that 1t is impossible that Brown ever
conspired with Brady to influence him.
Haughter.) | shall insist that Brown never
conspired with Brady to give
contract to McDonough, and that, thereupon,
McDonough never conspired with Brady and
Brown to have the contract declared null and
void shall insist that McDonough never
conspired to cheat himself and that he never
went to the extent of hiring Brown to help
him. CLanghter) l shall also insist that
it is within the bounds OF the improbable that
any man ever paid IS 900 or SIG, 900, to get
that other to conspire with another man, as
himself, to defraud himself. Now | think |
have given a general view of the course
shall pursue. so far as Mr.. Brown is con-
cerned. | shall also insist that the affidavit
of Mr.. James. to the effect that certain con-
tracts are on file in his office. does not tend
to show that Brown went to New York with
an illegal object. | shall also insist that
when Mr.. James states in his affidavit that he
has conversations with certain persons, that
those persons shall be brought into court.
shall insist when he speaks of contracts. that
those contracts shall be brought into court
I shall insist the same in regard to the aft
davit of Woodward, and finally, shall in
sist land here Mr.. Ingersoll dropped his
bantering tone and spoke seriously, empha-
sizing his remark with blows of his hand
upon the table, that in this country, or any
country where Saxon blood gives evidence Of
liberty and manhood, grand jury stands be-
tween citizen and his calumniator, no
matter if that caumniator is an officer of the
Cabinet, or the President himself This
sentiment was loudly applauded
Ingersoll proceeded shall also insist
before | get through with the case of Brown.
that the grand jury is placed between the
citizen and his reputation to provide for pre-
ciselv a case like this. shall insist that
when a high official of this nation states that
thought he has not yet convicted my client he
has branded him. | shall insist that the
grand jury stand between that official of cit
zen and prevent him from using that brand
| shall insist that this information has been
found improperly. illegally and contrary to
the spirit of American liberty. Now | have
given you, it may be, general view of the
course intend to pursue, (laughter,) which
was increased by the serious manner in which
Mr.. Cook inquired of 1ngersoll what author
tiles upon which he relied. After some sar-
castle remarks between the counsel it was
finally agreed that Bliss should open for the
government tomorrow morning and that he
should be followed by Ingersoll, but if the
latter advance the propositions to which Bliss
might desire to reply to he would be per-
mitted to do The court at 245 adj
journed until tomorrow at 10 o'clock