Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-25
STAR ROUTE AND STRAW BOND CASEr.
PROCEEDINGS IN COURT TO-DAY.
MOTIONS TO QUAsH THE INDICTMENTS.

Judge wylie held session Of the Criminal Court
this morning to take action In the cases of Brady
Dorsey, Rerdell, Brown, Caber, and others, in
dicted for conspiracy or perjury in the star and
straw bond cases. He took his seat on the bench
at II O'Clock. At the usual hour OF meeting-l0
o'clock-the court room began to I'LL up, and q
number OF the defendants were In or about the
court room, as also their counsel; but it was not
until within few minutes OF II O'Clock that the
larger portion OF the interested parties appeared.
The counsel yesterday afternoon had a consulta-
ton at the Office OF MesSrS- Shellabarger & Will
son. Corcoran building. and shortly after O'Clock
this morning they went into consul. at0n at the
building.
MR. MGERsoLL RAISES THE SAME POINT MADE IN
THE sOTELD0 CASE.
When the court was called to order, as there was
some delay due to the absence OF Mr. Bliss, Judge
Wyl1e said he might as we'll dispose Of the motion
IN the Soteldo case. Judge Wylie was about to
announce his decision, when Mr.. Ingersol stopped
MIN, saying that he did not know exactly what the
motion was that the court was about to decide He
proposed to submit a motion in the case OF the
United States against Dorsey and others to set
aside the indictment, i'm which he had stated as one
OF his reasons that the district attorney had no
right to submit or exhibit an indictment to the
grahu Jury, ana ne had some authorities on that
point to submit.
Judge WylIe said that was the point he proposed
TO decide in the SOteldo case, and under the cir
cumStanceS he would reserve his decision.
Mr 1ngersoll called attention to various English
Statutes, 10 the effect that no bills should be
court
Mr.. INGERsoIL's MOTION ON BEHALF OF DORSEY
Mr.. 1ngersoll then filed motion on behalf OF
stephen w. Dorsey to set aside the indictment and
TO quash- The motion was a voluminous docu-
ment which Mr.. Ingersoll, by direction of the
court, proceeded to read. 1t was set forth in the
motion that the grand jury had no legal authority
70 1ind1ng the Indictment in question, and the
uistilcI aCtorhey nad no legal authority to draw
that the grand jury had not found the Indictment
or their own knowledge; that the defendants
had not been bound over to this court;
LlaG the crime defined In section $40, Revised
Statutes, under which the indictment was laid,
was conspiracy to defraud the United States, and
the indictment failed to describe the offence or
manner In which the United States was to be de-
frauded; that the means by which the United
states was to be defrauded must be set forth
ciearly ana distinctly, and must be Illegal; that
the contents OF letters and petitions alleged to
have been frauduenty devised, in order to obtain
court may Judge Of them, ETC. that the indict-
ment Jailed to set forth drafts and warrants al
Ieged TO be taken, etc. There were twenty-five
reasons set forth in support OF the motion
MENT.
When Mr. Ingerson finished Mr. Bliss said he
understood there were other motions to be made
Mr. Wilson arose and read motion in behalf of
Thomas j. Brady to quash the Indictment, naming
his reasons set forth in II paragraphs The main
reasons were that the court had no 1urisdic-
ton: that the Indictment did not contain suf1i-
clent statement OF facts to constitute crime;
tnat the alleged fraud not a conspiracy under the
statutesf that the alleged acts did or could not
fendant was an officer of the United States, and
his acts could not be inquired into by this court
that It was not set forth that he had acted cor
rupty; that the acts were not OF nature to effect
1raud; that 1t was not possible for the acts al
legged to have been committed by persons named
In The Indictment; that the law under which the
defendant had been presented had been repealed;
Inat the alleged increase OF service had been by
Congress and money appropriated for il; that the
Indictment was vague and unsatisfactory: that
the defendant had not been bound over by this
court or any other court, nor did the grand jury
Mr. Bliss remarked that this last paper was in
the nature OF demurrer.
Judge Wylfe said 1t was mixture
Mr. Bliss said he apprehended that it was not
proper to submit motion to Quash and a demur-
rer in one document.
SPECIAL PLEAS IN THE CASE OF MR. TURNER
Mr.. Wilson said he had some special pleas to
offer In the case OF Mr.. Turner.
Mr.. Bliss said that the defendant must be ar
ra1gned II pleas were to be entered
MI wilson said he was willing to offer the pleas
now II Mr.. Turner considered as arraigned 1t
would take several hours to read the indictment.
Mr.. Bliss said he was unwilling on the mart Of
the government to waive the reading OF the in
dlctment II the indictment was to be read, it
would be saving OF time to have 1t read to all
the defendants at the same time.
MIR. Ingersoll said, sc far as he was concerned he
OF time.
Judge wylle said that he did not think that the
reading Of the Indictment was necessary if the de-
fendants consented.
Mr.; Bliss said he understood the arraignment
should not be waived absolutely but only SO far as
now. " w
Mr: Corkhill said that he had examined at some
length and found that it was Indispensable TO read
the Indictment in cases or felony.
Judge Wylie asked II this was felony.
trict attorney switch has not been decided vet"
Oh," exclaimed Mr.. Chandler increduouSly
the discussion S on as to the proprety OF wavns
ALLEGED ERRORS IN THE INDICTMENT
Mr.. Wilson remarked that Brady and Turner
were here. John w. Dorsey had not been in the
city since the indictment was found. Turner was
here. Rerdell was indicted in such manner that
no one would hold that he was bound to come
here.
"How is that7" inquired Mr. Bliss
Mr: Williams, rising, said that he was indicted
as N. G. Rerdel, and his name was Montford c.
RerdelL He would file plea OF abatement on the
Mr.. Wilson, proceeding. said Sanderson was in
dcted as J. t. sandersoh, and Mr. Vai as Henry lr
that all the persons who could be required to plead
,eetaa MI fa sspRose wi" be continued" inter-
Probably Judgment has already been render
j
IngerSON.
THE HEAD AND TAI.
Mr. Totten suggested that the head and tail
of the indictment might be read to Mr.. Turner, |
and he would plead to that
"You might as well waive the head and TAIL |
too, "r0bserved Judge Wylie.
81 think So" said Mr.. Totten. saThe head ana !
tail should go with the body" |
The district attorney having raised the question
as to whether the alleged crimes were felonieS |
said the distinction between felOnies and other
crimes was the wall OF the penitentiary.
and these crimes were punished by Imprisonment |
In the penitentiary.
JUDGE wYLIE ON FRLONIRS
Judge Wylte said he did not believe the doctrine
that punishment In the pententiary distinguished
felony and he did not believe the Court In General
Term had so decided.
The district attorney said that that was an en- |
barrassing question, and he would like to have a
decision on It from this court.
ANOTHER NOTION 10 QuAsM
Mr.. Wilson, for Mr.. Hines, who was absent, flied |
a motion to quash in behalf OF John r. Miner on |
the grounds that the Indictment set forth no
specific crime against him, &c.
Mr.. Bliss said that as the gentlemen were un-
willing to let him see the plea in the Turner case
he thought it would be necessary tn ay1 tha nv