Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-04
THE STAR ROUTE CASES.
Proceedings I'm the Criminal Court
To-day


This morning, in the Criminal Court, Judge
Wyle, it was expected that the against Brady,
Dorsey and others, charged with conspiracy to de-
fraud the government in star route mail contracts
would be called, but on the opening of the court
Mr. Moore, assistant district attorney, stated that
the court would be engaged In the trial Of the
Fleming burglars for some time
The court intimated that it would be time
enough for those Interested to come in at noon.
THE INDICTMENT
was found April 18th against John W. Dorsey. John
NJ. Peck, John R. Miner, Stephen W. Dorsey. Henry
NJ. Vatle, NJ c. Rerdell, j. l. Sanderson, Thos. j.
Brady and w. II. Turner-the charge being con-
Spiracy.
The indictment was quashed, as far as NJ. C. Rer-
dell Is concerned for miSnCmer. John NJ. Peck is
reported to have deceased some months since.
Notions have been filed to QuaSh and in abate-
ment by several OF the parties, but were over
The several accused parties and their counsel
kept about the court house all the morning, cam
vassing the prospects of having the trial opened
to-day.
OPENING PROCEEDINGS TO-DAY.
At one O'Clock, When it was apparent that the
trial on hand in the Criminal Court would come
speedily to q close the courtroom filled up rapidly
with parties interested in the star route cases.
When the court finally reached the case at half
past one O'Clock, there were present of counsel.
Messrs. Merrick, Bliss, Ker, and Corkhil, for the
government, and Messrs. lngersolI, Chandler,
McSweeney, of Ohio, who tits understood will be-
come member OF the corps OF counsel for ex-
other eare a IN m
MT. Merrlck said the government was ready to
proceed
NOTION TO QUAsH IN REHALF OF BRADY.
Mr.. Totten said he had motion to quash in
behalf OF the defendant Brady. He asked that tn Q
plea of not guilty in Mr.. Turner's case be with
drawn in order that the motion might be fled
Mr.: Totten said also he had another motion in be-
half OF Brady, to require the prosecution to elect
whether they should proceed against the public
officers first or the private citizens The motion to
quash on behalf OF Turner cited that the indict-
ment charged conspiracy and improperly joined
others not officers with Turner, who was at that
time public officer; that offences of different
natures otta Were ,mproperly joined in the Indictment
declaration that it was not Just, nor sanctioned by
reason or authority to compel Gne man to be joined
or compelled to stand trial With another charged
with a distinct offence. In this case he held 1t
was impossible for the private citizens indicted to
have committed the offences charged against the
pubic OfllcerS, or for the public officers to have
committed the offences charged against the pr-
vate citizens He read from the report OF the john
Mcdonald case by Dillon.
VIEWS OF JUDGE wYLIE.
Judge Wylie said he could not understand why
man in public Office could not enter into con-
spiracy with man who was not in Office for the
purpose OF defrauding the government The one
common charge was conspiracy, and he could not
see why they could not be indicted in one ind1ct-
ment
Mr.. Totten continued to argue that there should
Oe Separdte indictments, Subl :ttng to the court
that there had been miSjotnder OF persons and
m1SJOlnder OF subjects.
Judge WyIie Refuses the Motion.
Judge Wylie said there had been so many OF
these motions he was inclined to dispose of this
one at once. Now, after the TWO motions to auash
were Overruled-One OF them sustained by twenty
TWO alleged reasons, and he didn't know how
many in the other-then they had plea in abate-
ment presented, relating to some rumOrs
as to the misbehav1or OF the jury. There was
nothing offered in that plea that the court could
lay its hands on to sustain the plea What the
affidavit set out was matter OF hearsay. The
court was furthermore OF opinion that no plea of
Abatement could be received which affected
merely misconduct on the part OF the grand jury.
1t. the effect would be to have petit jury try the
grand jury for misconduct. The court would not
allow petit jury to decide such question as
nna1 aIt There was sncn thing as plea OF abate-
when the plea went to the very founda-
ton or constitution Of the grand
jury. Now one OF the defendants pre-
sented himself in court On the day fixed for
trial and asked the court for permission to with
draw his plea OF not guilty for the purpose OF fling
a motion to .quash. The court could not, without
feeling that he was trifing with matters before
him, allow a party to withdraw a plea for that
purpose. The matter of misjoinder was of more
Importance. l, seemed to him, however, that in
this case, which was q charge OF conspiracy
for for the purpose OF committing q fraud upon
laid down by Justice Miller in the
Mcdonald case did not apply 1t was cert ainly
competent for man cut OF Office and man IN
Office to combine for the purpose of defrauding
der He saw no diff ulty in the way OF sustaining
charge OF conspiracy embracing both citizens and
public officers He should decline to allow the