Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-03
BLISS BOILS OVER
ENERGETIC LANGUAGE IN THE STAR
ROUTE CASES yesterday.
S;ar Route Cases.
TALK OF THREE ATTORNEYS.

WASHINGTON, April LIN the Star route
cases this morning Kerr began, opening fol-
the prosecution, and discussed at length the
subject of the conspiracy, claiming that it die
not follow, when overt acts were set up, that
the prosecution must establish the fact that 3
crime or misdemeSnor was actually commit
ted in order to prove conspiracy. The overt
act need be simply something to show consent
OF action in logical movement, to carry out a
conspiracy. The act, in itself, might or
might not constitute crime. Kerr then dis
cussed the indictments, denying their insult
iciency or vagueness, as claimed by the de-
tense.
Kerr was followed for the prosecution by
Merrick, who began his argument with re-
view OF the point raised by the defense that
the finding Of the indictment was irregular,
because of failure to comply with the re-
Quirements of the Revised Statutes of I772
Counsel reviewed the facts connected with the
finding of the indictments, and Insisted that
no irregularity could be proved, even under
the statute pleaded by the defense. Passing
to the question as to whether the Maryland
statute is still III force in the District of Col
umba, counsel claimed that no man before
the bar, not even the honorable judge upon
the bench, had ever heard the statute of l772
pleaded in this district. Counsel had for many
wears practicad in the coprts of Maryland and
had spent some time in the preparation
of a digest of the laws of Maryland during its
criminal practice, and he had never heard of
this statute of l772. There was not word
upon this act in any of the Maryland reports,
and no district attorney of the state of Mary
land or of the District of Columbia had ever
practiced under it. The practice IN the
United States courts was defined by the st t.
utes, and all laws of Maryland repugnant
thereto are ipSO fectO repealed. Merrick al
luded TO what he called the claim of the de-
Tense, that the judiciary must not investigate
the acts of the executive, so that in the case
of Brady he could not be tried for his official
acts or for the excess of his dscre' ion,
whether good or bad, in the discharge of his
official duties. This, said Merrick, is not
what we are trying him for, but we are trying
him for crime. We are trying him for
conspiracy. The overt act, so far as shown,
may have been done under the cloak of his
official position. In conclusion Merrick said:
Gentlemen, let us go before the jury as soon
as possible, and If these men are innocent, let
them be acquitted, and let the country be re-
lieved of this great scandal.
While Merrick was speaking Attorney Gen
eral Brewster entered the room and took seat
with the counsel for the prosecution.
Bliss on behalf of the prosecution began the
closing argument upon the motion to quash
the indictment, commencing with an exbaus-
tive and technical defense of the Indictment as
a good and valid one.
Bliss said if the doctrine advanced by the
defense should be accepted by the courts and
country it would only be necessary for a pub
lie officer to resign to escape absolutely from
all liability for criminal acts done while in
Office, for he could not be impeached after be
had resigned, aud could not be tried by the
courts, because the acts were done while an
executive officer, and, as the defense claims,
IN the exercise OF discretion which was his
by law "and just here | want to remark"
said Bliss, with some excitement, 81 want to
tell the defense that no amount of abuse that
may be heaped upon the gentlemen who are
conducting this prosecution will deter them
from the discharge of their duty" In expla-
nation of this remark, he further stated that
a newspaper writer upon paper owned and
controlled by Gen. Brady had publicly as
serted last night that he had received iustruc
tions from Brady to abuse every man con-
nected with the prose sution, and that he
should write an article for to morrow's Capt.
tai, in accordance with these Instructions,
and that the writer said Bliss 'sis an uure.
formed inmate of nearly every inebriate asy
luIn in the country"
A sharp coloquy ensuad between Bliss and
Wilson as to which side was responsible for
beginning newspaper abuse and personalities,
but was adopted by Judge Wylie, who re-
marked, "Gentlemen, this thing has gone far
enough. This is not the place for arguments
of that character
Bliss concluded his argument with the as
surance to the defense, that If upon presenta-
lion Of evidence for The prosecution it should
seem to him insufficient, he Bliss would
most cheerfully move to dismiss, with addi
tional satisfaction arising from the fact that
he had heretofore enjoyed with one of the de-
PENDANTS social relations of the pleasantest
character.
Judge Shellabarger then began the closing
argument for the defense. He urged the in
sufficiency of the Indictment under section
$40, inaumuch as it did not set forth crime
defined by the section, and one for which pun
ishuent was defined. This, Shellabarger, is
one of the Oldest aud most inexcusable inva-
sions by a court of the power of the executive.
Whether or not this is crime depends on
whether or not it was good thing to expedite
mails. You are going to have the court and
jury try question which the courts have said
tits impossible for the courts TO touch. An
executive officer is responsible to the
highest and most fearful ordeal
the ordeal of Impeachment. That is u pro-
ceedure which the Law has prescribedas against
Brady and his superior officer, if they did not
follow according TO their judgment what they
thought proper and just IN the light OF the
public welfare. II is impossible to predicate
fraud on the allegations of the indictment,
where the discretion of On executive officer
is in question, no court eau by civil action, by
mandamus, by injunction, by grand and
traverse juries, or by any other way invade
the functions of the senate in trying this high
ofeuse for the corrupt abuse of his discretion.
The senate is where the constitution has
placed the remedy. Let it stand there 1t is
not judicial decency to try this man here. 1t
is consigned TO another tribunal. It belongs
to the senate, and let it stay there.
Judge Wylie said he would consider the
arguments, aad decide on them hereafter,
giving counsel two or three days. notice of the
time he would render his decision. Adjourned,
The Public Debt.
WASHINGTON, April 1.-The following is
the regular moGthly debt statement;
Extd six per cent. bonds. IS ICE, 90l $50
Fxtd five per cent. bonds. 40l, iQS9 600