Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-18
THE STAR ROUTE CASES.

THE STAR ROUTE CASES.
TO.day-Arguments ON the Applica-
tfOn for a Bill Of Particulars-Ex.
senator Dorsey Present.
To-day having been set for hearing certain mo-
tions in the star route cases against Brady Dor
sey, Rerdell ana others there was present this
morning in the Criminal Court quite an array of
counsel and Others interested. Messrs Corkhill,
Bliss and Merrick appeared for the government,
Messrs. Wilson, A. B. Williams, Carpenter, w. s.
Smith and others for the defendants
The first case brought to the attention of the
court was that OF Rerdell, In which motion was
on fle to Quash on the ground Of misnomer, his
| full name not appearing in the Indictment
Mr. Merrick stated that Mr.. Ker was now absent
IN south Carolina, and 1t was desirable that he
should be present. He suggested also that Mr.
Smith having an engagement to-day that the case
like disposition was made OF the case of A. e.
Boone, one OF the straw bond cases In which
motion to quash Is pending.
THE NOTION FOR A BILL OF PARTICULARS.
The district attorney then called up the motion
for bill OF particulars in the case Of Dorsey and
others
Mr.. Merrtck said the government was ready to
proceed now with the argument
Mr.. Wilson said defendants would like a post
ponement OF the hearing, as Mr.. Totten had an en-
gagement in the Circuit Court
Mr.. Merrick said that the matter should be dis
posed or as early as possible so that when the day
arrived for the trial there might be no distractions
in the way.
'.The absence of Mr.. Totten," said the court, ais
not sufficient for postponement. The stalwart
counsel are here"
EX-SENATOR DORSEY PRESENT.
Mr.. Williams proceeded to read the motion, and
after reading the first paragraph as to fictitious
names &C., Mr.. Ingerson called attention to the
presence of ex-senator Dorsey, in whose case the
recognizance had been forfeited. He remarked
that he had taken the ground that the alleged
0nence was a misdemeanor, and 1t had not
occurred to him that it was necessary for his client
TO hear the Indictment read, or to be present when
ne moons wers being n Na ague Mr. Dorsey
IngersolD had advised him that he could go. II
any was in fault 1t was the counsel and not the
set aside.
"The forfeiture will be set aside." said the court
Mr.. Merrick suggested that the bail be renewed.
The court said the bond is In force.
party will be held.a
we will not be here when wanted. All you want,
and the highest OF your ambition, seems to be bail.
Wen stay as long as you"
Merrick."
Mr.. Williams briefly argued that unless they had
the Information called for by the motion pending,
they would find it impossible to make defence
to contradict the witnesses.
Mr. Wilson followed on the same side, citing sew
he held, they would be in the dark.
MR.. MERRICK AGAINST THE NOTION.
Mr. Merrick remarked that this motion was ask
Ing the government to lay the whole case to the
view OF the defendants before trial While it was
admitted that bill OF particulars could be called
for in some instances, he had never heard of such
bill being called for In a criminal case.
At this point it was discovered that the bill was
not accompanied by affidavit, and the argument
was suspended until Mr. Ingersoll had prepared
a0i0aVit Senator Dorsey q on
to trial without this information: that he has no
knowledge or any false or fraudulent papers or
Mr.. Merrick said the affidavit was sweep
Ing, but it was not sufficient. Defend
an ant ths says o that t, he, he is entirely innocent
specified in the Indictment Mr.. Merrick read a
number OF authorities and claimed that the bill OF
might have been embraced in special count In
This Indictment there were special counts. and
therefore @ @ the defendants M were asking just what
The Court made an inquiry OF Mr.. Merrck, and
he asked: "Suppose we produce letter transmit
That is the caSe.'
Mr.. Ingersoll:-We would like to see the letter.
The COurt-That letter can be produced.
Mr.. BLISS ARGUMENT
Mr.. Bliss followed Mr. Merrick, and said
that If they attempt to comply with
this bill OF particulars the result
would be the defendants would ask further
pOStpOnement. Unless the bill is as broad as they
ask, it could be of no service to them. He argued
that lt was contrary to all practice to require the
prosecution to submit to the defence copies of all
papers % which Ss they proposed to put IN evidence
Is called for"
,,a 1T would be dlaicult" replied Mr. Bliss, ''to
Mr. Bliss remarked that he believed the defend
ants could not have thought seriously the
court would have granted this motion, and its only
purpose was to cause an indefinite postponement
OF the trial.
"That would be acceptable to the court" said
1T would be satisfactory to the defendants, too,
Sir" said Mr.: Bliss. He held no ground was shown
ir the court took such action, it should refer to
such description OF the papers as would suffi-
c1ently identity them.
Mr. INGERSOLL AND THE "ARMOR OF INNOCENCEn
Mr.. Ingersoll said the only question was as to
the sending and writing and filing of false papers;
and the defendants had right to know what let
ters, petitions and communications were referred
TO- TO- MI mr. Mercks y position he said was that 1t
nocent, what the government charged; that the
defendants should rely on their armor OF inno-
''You would be pretty Naked" said Mr. Bliss
"About as Naked" retOrted Mr.. IngersOll, "as
you are OF law, and as naked as your article OF
Mr., Bliss, said Mr.. Ingersoll, came before the
court and admitted that he did not know OF case
could not tell what names were fictitious.
MI: Bliss, interrupting, said he had made no such
admission.
1t woald be monstrous, Mr.. Ingerson continued,
TO hold that these defendants should be compelled
to go to trial without knowing what letters were
charged to be false; what petitions were fraudu-
lent. They called upon the government to show
the letters which the grand jury said were false and
fraudulent They had right to this Information.
II everybody in the world told the exact truth and
mistakes were never made, then could an accused
man rely implicitly on his innocence If all the
right the defendants had was to know the date of
an alleged fraudulent letter, then all the govern
ment could claim was that the date was false.
Mr. ingersoll having occasion to read from an au-
thOrity, said 1t was a case cited by Mr.. Merrick.
II did not read that case" said Mr.. Merrtck.
.Well then will take it back" said Mr.. Inger-
soil "It being case on our side, supposed you
read it All the cases you read were on our side"
Mr. lngerSOl spoke for some time, saying that
the counsel for the government wanted to leave
the defence In criminal fog. 1t would require
thousands OF witnesses II the defence had to prove
the genuineness Of all the signatures Unless the
particulars asked for were furnished It would be
utterly impossible for the defendant to prepare his
case. he gave notice that he did not intend to be
forced into the trial OF this case unless he knew
what his client was charged with.
JUDGE wYLE SAYS HR WILL POSTPONE HIS DECISION