Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-04
POSTAL CONSTELLATION.
CI3ES OF THE STIR ROUTE RING
STERS IN COURT 4GAIN.
Argument On the Motion to 0uash the In
formation Against Them-An Imposing
Array of Legal Talent-Remarksb by Jere-
miah Wilson, Bob Ingersoli and Others
The Court Room Packed With
Clacquers of the Gang.

motion to set aside the criminal information
in the star route cases began this morning
The government was represented by Distric
Attorney Corkhill, and Brewster of Phila
delphia, Bliss of New York, and Cook o
Washington, and the defense by Cotton, Viii
son, Shellabarger, r. G. Ingersoll, Sypher
and Jefferson Chandler of st. Louis. Tht
argument was opened by jeremiah Wilson.
Wilson recited steps already taken in the
case, and SAID there could be no authority fol
filing this criminal information. He chal-
lenged counsel on the other side to point tc
any such statute. Ii it could be tilet at all 1t
could only be filed because of its being au-
thorized by common law. There had never
been in this country a prosecution by
information except in case OF minor offenses,
such as violation of revenue tax, where that
mode of proceeding has been expressly for
bidden by statute. The grand jury was the
only recognized authority for the prosecution
should prevail, grand juries might as well be
of parties for crime; but if this proceeding
dispensed with in future; but if the proceeding
relied on common law, they must be bound by
its rules. In this case The court was asked to
allow this information to be filed and war
rants issued or affidavits of the postmaster
general and Mr.. Woodward. He read those
affidavits and argued that not a single fact
was sworn in them. There was nothing in
them but information and belief. From be-
ginning to end there was nothing but hearsay
in them and he had never heard OF anybody
being indicted simply on belief
Tne last reason which he presented IN sup
port of the motion to quash was eonstltu-
tional one. Under the constitution no one
could be held to answer for any capital or in
famous crime, except on presentment or
indictment by the grand jury. He
argued that the crime here charged
was infamous, and it therefore could
not be prosecuted by information. He
quoted number of authorities in support of
his proposition, and called attention to the
fact that Section 1040 of the revised statutes
gave the police court exclusive jurisdiction
over all crimes and misdemeanors not infa-
all such crimes as ale punishable
by Imprisonment in the penitentiary as in
famous.
In closing his argume Mt, Wilson said: 81
know that your honor appreciates the i'm
portance of the question presented by this
proceeding. 1t is not the accused alone who
are interested. The rights and interests OF
all the people of this nation are
involved in the question. If
YOU decide that the district attorney can,
without evidence, present a citizen for grave
CGlInt-lOI llldb 10 W lluL 1Ot hibSO wv IL JOe'
sustain this proceeding-if you decide that
party may be presented for an offense which
has not been determined by any statute, ,as you
must do if you sustain this proceed
ing-you will have put the laws
of this nation back TO where England was 200
years ago"
Wilson spoke for over four hours. He was
followed by Bliss of the government counsel.
He said; 1t appeared from the argument just
Al Aft l,n1 Ofh n
the information and that there were other
propositions TO be made against it. He in
stanced the remark of Wilson to the
effect that section 5445 had been repealed, and
that point would be made upon that by one
of the other counsel for the defense. He
thought it fair before the prosecution should
be called upon to answer, the propositions OF
the defense should be stated,
Cook also contended that Ingersoll should
present the case of Brown, his client, before
the prosecution should be Obliged to go on.
Ingersoll-"I suppose that after we shall
have heard from one of the learned
gentlemen on the other side, it may be in or
der to say few words in regard to Mr..
Brown. But | am free now to contract that
if either of you gentlemen successfully an
swer the argument that has been made | will
say nothing about Brown" Uaughter.)
Bliss said he wished to be perfectly fair
ABOUT Iuc udIltT. III ildplCH tlii1 oOhic
of the points which he was to answer would
be presented by Ingersoll which would neces
state his Bliss again addressing the court.
He thought therefore it would be better for
Ingersoll to precede him.
Ingersoll-'T may say for the
enlghtment of Mr.. Bliss, that
shall insist at the facts set
forth in this information in regard to Brown,
even if all admitted to be true, do not con-
stitute any of the offences; secondly, shall
insist that the facts set forth in each and
every count are contradictory, absurd,
and impossible. Naughter.) 1t is
impossible that any such acts should be done
in any such way Now that is my general
statement-that there is nothing in this in
formation charging Brown with any indicta'
ble offense. Whether an information needs
facts, is another question. l shall insist that
it is impossible that Brown ever conspired
with Brady to influence Brady, or
that Brady ever conspired with Brown
to get Brown TO influence him. daughter }
| shall insist that Brown never conspired with
Brady to give q contract to McDonough, and
that thereupon McDonough never conspired
with Brady and Brown to have the contract
declared null and void. | shall insist that Nc
Donough never conspired 10 cheat himself land
that he never went to the extent oil
hiring Brown to help him. daughter.
| shall also insist that it is not within the
horizon of the probable that any man ever
paid IS or SIG to get that other man to con-
spire with another man as well as himself to
defraud himself.
Now think have given general view oi
the course | intend to pursue. SC
far as Brown is concerned, shall also insist
that the affidavit OF James to the effect that
certain contracts are on file in this office does
not tend to show that Brown went to New
York with an illegal object l shall also in
sist when James states in his affidavit
that he has had conversations with
certain persons; that those persons
shall be brought into court l shall insist,
when he speaks of contracts, that those con
tracts shall be brought into court. l shall
insist the same in regard to the affidavit o
Woodward, and, finally, l shall insist, (ant
here Ingerson dropped his bantering tone ant
spoke seriously, emphasizing his remarks will
blows of his hand on the table e)-that in this
country or any other country where Saxon
blood gives evidence of liberty and manhood
the grand jury stands between the citizen anC
his culminator, no matter if the culminator il
an officer of the cabinet or the president of th
United States.'
This sentiment was loudly applauded by
the spectators, and it was some time befor
order was so restored as to permit 1ngersoll t.
proceed, which he finally did as follows:
shall also insist before L get through
with Brown that the gran
jury is placed between the citiZe
and his reputation to provide for cases pre-
cisely like this. shall insist that when
high official of this nation states that thougl
he has not yet convicted any client he ha
branded him-1 shall insist that the gran
jury stand between that official and tn
citizen and prevent him usin
that brand. l shall insist tina
the Information has been found improperly
illegally and contrary to the spirit of America
liberty. Now, have given you, 1t may be,
general view of the course intend to pursue
daughter which was increased by The seriou
manner in which Cook inquired of Ingersol
the authorities upon which he relied.)
After some sarcastic remarks between coun
sci, it was finally agreed that Bliss shoul
open for the government tomorrow morning
and that he should be followed by Ingersoll
But If the latter should advance any proposi
u -s.-r4 j.. a. l.