The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1882-04-12

cipal points being that the defendants
had not been bound over by Commissioner
to await the action of the Grand Jury, and
that the Jury had found the indictments
without the cases having been properly
brought before them by order of the Court.
The Judge then read the Maryland law of
i722, upon which these points are based,
and reviewed the history of the adoption Of
the legal Code of the District and defined
the force of the Maryland statuets, which
are claimed TO constitute part of the juris-
prudence of the District of Columbia. The
decision he finally arrived at, after an ex-
haustive consideration of all acts subsequent
to that organizing the District Courts, and
that act itself was that the law of 1772
had disappeared from the District Code,
along with all Maryland laws of the same
class many years ago.
The Judge then took up the other points
of the motions to Quash-the question OF
the Jurisdiction OF the Court, and the point
that the conspiracy charged in the indict-
ment had not been sufficiently defined, re-
ceiving consideration in that order. After
reading the Statutes bearing on the jurisdic-
ton of this Court. he decided that the Court
certainly had jurisdiction in the premises.
As to the claim that the conspiracy had not
been established by the Indictment. he said
il was only necessary to consider whether on
not the defendants mad, by their joint &C
ton, endeavored to obtain, or did obtain,
money or its equivalent from the Govern
ment, by illegal method.
The Judge gave his definition of the mean
ing of conspiracy and reviewed carefully
those portions of the indictment containing
the allegations and said, in his opinion the
evidence presented therein was strong
enough to warrant the prosecution of these
defendants, and he therefore decided that
the Indictments were good and sufficient IL
ali particulars.
He then took up what are known as the
straw bond cases, which were sent to thi:
COR-G. and again decided that the indict
ments were sufficient in these cases also.
Judge Wylie said this decision would dis
pose of the motion to quash the indictment
in the Soteido murder case.
The recognizance of Stephen w. Dorsey
was declared forfeited and his arrest ordered
Colonel Totten formally made objection tC
the decision of the Court. Most of the de
PENDANTS entered an appearance and Cour
adjourned.
On Resembling the Clerk read the in
tiictment against General Brady. VIM. III
Turner, NJ. c Rerdell and John K. Minor
They were then called on to plead, wher
Colonel Totten, counsel for defendants
stated that in the case of Brady anC
Turner he had certain pleas of abate
ment to hle. These pleas were Il
the effect that pending the time the Grand
Jury were finding the indictment, certain
parties other than the District Attorney and
assistants had free access TO the Grand Jury
room, and made speeches to the Jury, an6
also laid before them pamphlets and othel
ex parte evidence Co. Totten asserted thi:
was exercising undue influence on the
Grand Jury and said that he put in this
plea instead of pleading to the indictment
Merrick, for the Government, commended
the defendants were there sim
ply to plead guilty or no
guilty, and they could not entel
into other question at this time. Afte
further discussion the Court, at p. m, re
marked that as the defendants were under
arrai gnment he could not adjourn tn,
Court, but, taking into consideration the
lateness of the hour, he would direct a re
cess until tomorrow.
WAsHINGToN, April 10-Judge Wylie
decision in the Criminal Court to-day re
fusing the motion of the defendants in tn,
Star Route cases to qussh the indictments il
regarded here as the last motion the de
PENDANTS can interpOse against a trial in the
Criminal Court