Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-11


Another Decision by Judge wylic.
He DECIDES AGAINST THE SPECIAL PLEAS, cHARG-
ING UNDUE INFLUENCE WITH THE GRAND JURY.
The reading OF the Dorsey indictment in the
star route cases was begun in the Criminal Court,
Judge Wylie, yesterday afternoon at o'clock, as
stated In THE STAR When the reading was con-
cluded Mr. TOtten said that he had some special
pleas In abatement to make, alleging that the
| grand jury found the indictment under undue
lnnuence, as parties not attached to the district
attorneys Office (Messrs. Woodward and TtdbaIl,
OF the P.O. Department. had visited the jury room.
The government counsel maintained that it was
improper now to raise such a question After con-
siderable argument the court, at pm, took
| recess until this morning.
PROCEEDINGS TO-DAY.
This morning, at few minutes past 10 O'Clock,
the counsel appeared in court, and no less than
| law library.
MR. DORSEY TO BE HERE NEXT MONDAY.
Before proceeding with his argument Mr.. Ingef-
SOIL remarked that he had seen in the papers that
one of the attorneys for the government was
doubtful. because of the treaty between the
united States and Mexico, as to securing the
attendance OF ex-senator Dorsey. He (the speaker)
side need not trouble themselves as to treaty sip-
day.
MR. ToTrENs ARGUMENT.
the proper time to take advantage of misbehavior
by the grand jury was after the indictment had
been read, and by plea in abatement; reading a
nunoeF OF authorities on the subject-Bshop,
bacon and Chitty among Others
Judge Wylie said he was entirely satisfied, IL the
pia was That one or more OF the grand jurors were
alSquilned, 1t was proper one
Ml. lotten said the plea amounted to the same
thing-that the grand jurors acted improperly and
atiowed persons to make arguments before them,
JUDGE "YL1E SAYS THEY CANNOT INVESTIGATE THE
GRAND JURY.
The court said they could not show that The
law would not permit them to enter the grand Jury
room and investigate their proceedings
Messrs. Totten and Chandler read the plea OF
Brady:
MI. Merr1ck suggested that the affidavit be read.
TURNER'S AFFIDAVIT.
Mr. Wilson accordingly read the afrldavit of Tur-
ner that woodward was allowed in the grand jury
room, where he read reports and ex parte state
! ments OF inspectors which were untrue, and that
q. T. Tidball. an inspector, also appeared before
that body. The affidavit states that he has been
unable to procure the afdavit OF the grand jurors
that IN April last Woodward made overtIlres to
MIN to assist him to make a case, and when he
truthfully stated that he knew OF nothing on
removed from his position In the Post ONCE de-
partment, which threat he believes Woodward
carried out.
DECISION OF JUDGE wYL1E
When Mr.. Totten finished speaking Judge Wylie
said he thought 1t would be economy of time to at
once announce the decision OF the court
Judge Wyle having considered at some length
the duties of grand jury and what constituted
be considered under a plea In abatement said:
I'm the present case the Indictment was found at
the last term OF the court. These parties have
been aware OF the existence OF that Indictment
frcm that day to this. They have already filed
motions to quash one of those notions sustained
by twenty-five different specifications and the
These motions hap
heard ana decided. Neither of those motions con-
tanned any reference to misconduct tile part of
the grand jury. We cannot allow In the practice
or the court a party who has had ample opport,i-
nifty to take advantage Of objection relating to
long time to make motion to quash the indict-
ment on other grounds and reserve a portion OF
his objections for the purpose of sustaining plea
court and asked to plead to the Indictment"
After further conslderatton of the question
Judge Wyle said, 81 am therefore of the opinsn
that the matter of this plea in abatement is not
aliowa bic, and the court ought not to receive it."
When the decision was announced Mr.. Totten
privilege OF making the plea in abatement before
this time Exceptions were noted to the judges
ruling and proper record made
The defendants were called upon to plead, but
said nothing
The plea OF not guilty was thereupon entered in
the cases of Brady and Turner; Miner having
pleaded mot guilty" yesterday, and Mr.. Rerden'5
plea Of misnomer being under consideration.
nea Of no ne dd no 11at this
Turner's right to file motion to Quash.
81 now want your honor, J" said Mr. Merrick, oto
dx time for the trial OF the caSe.'
"Do you want to try it Tomorrow" asked the
court
Mr.. Aerrick suggested that the day be fixed be-
tween the LIST and 5th OF May.
Mr.. INGERsOLL HEARD FROM
MI. Ingersoll said his client ex-senator Dorsey
would be here Monday, and he knew no reason
now why he would not be ready for trial He gave
notice that he would call upon the attorneys of the
prosecution for bill Of particulars. They would
also, probably ask the court for an order giving
them access to the files OF the Post Office depart
ment to get such evidence they We're entitled to-
With these orders he did not see why they would
not be ready.
THE TRIALS TO GO ON NAY 4rH
"We viii assign then," said Judge Wylie, the
4th OF May for the trial"
Mr.. Aerrtck said the counsel for the government
would give speedy consideration to any notice
served upon them calling for bill OF particulars
He gave notice also that the government would
file its replica tiOn to the plea In abatement In
RerdellS case to-day, and tomorrow ask the court
to dispose Of the matter
The court then proceeded to other business
CONGRESSIONAL PROCEEDINGS.
In the Senate To-day