New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-04-02
TIE STAG ROUTE CASES.

ARGUING TO QUASH THE INDlCIALNI'
mEssRs KERR, MERRTCK AND BLISS DEPEND THg
PRELIMINARY WORK OF TIE PROsECUTION-
THE OLD MARYLAND LAw-sHARP WORDS.
WASHINGTON, April 1.-The argument on
the motion to quash the star Route indictments re
sumed this morning.
Mr. Kerr Of Philadelphia, Of counsel for the Govern
ment addressed himself defence OF the frame OF
the indictment, which he conended in good form
and in accordance with law and Judicial precedent
The indictment charged conspiracy, and that
subject which had received Judicial consideration
every State. A conspiracy combination
and agreement TO effect unlawful object, TO violate
the law and commit crime or 1t was a combination
and agreement to effect lawful purpose by means
OF some unla yfu 1t had been always held that an
agreement commit crime was In itself an offence
against society. was equally offence against to
law 10 epdeavor TO perpetrae lawful object by
using unau Jul means He argued that these indictments
were lawfully explicit and set ont with sufficient distinct
ness every overt which the prosecution relied
Richard r. Merrick OF counsel for the Government,
replied 10 the arguments OF the defence on the
subject OF the Act of 1922. After arguing
that the Indictment f. valid enc, nc said:
Is this act 1922 force in the District Of Columbia
Did your Honor ever OF the act before Up 20 the
present term % the Court, was the act within the
knowledge Of any man living in the District Has 10
ever been practsed under here Did your Honor ever
| practise under It when you were at the bar
| in the decades that are gone Did you
ever knew anybody who practised under it do not
want 10 carry your Honor back TOO far but an sure
at your practice goes back TO 1870 ana that the prAc
icc of the then at the bar went back to 1913 or
1920 Did you ever hear OF II in your life Was II ever
practised under in Maryland within your knowledge
I have looked through tn Maryland reports with care
and diligence and there "a not solitary word on tho
subject OF this act in the Maryland reports lpracsed
at the Mary land bar for many years. and never heard
Of it, II not in force. II has been expressly repealed ~
the orear aon OF the judicial system Of the District Of
Columbia II was repeated ~ tnit ss,i" ~ 80
brought common las into the DriIct 81 oluhni tno
act OF 27th OF February, ls0l The chort 70 rel9
it now gross ~ absuIdiy a. was ever heiil
urged in a court Of Justice" ,.,,.
Mr. Merrch then passed to RECITATION oil ln' POI ms
made aginst the form of the Indictment COming 10 me
point OF the INABILITY of Judge to review lr 1ineai c1
Of an executive officer he said " W lat uO W Cna-e .'
| Rt1dy whit Violation of official duty NO Transcend
Ing his jurisdiction No We cL,rse YIN c09' W ~
ex@cnllE1 tuy 70 s .ed lis eXrenve duty 80 sir
It in out the conspiracy. the overt which
he did was done under the cloak Of his Official position
| We are no. trying hun for his oncial acts. Bui
we are trying lin for having conspired
TO defraud the United states. The overt
auid nat even Judge be indicted for conspiracy IT,
of court he cOnspes with ltgani to deiauo anOthet
itgant by the exercise of his judicial power IN court
lie could be indicted and tried for conspiracy odeffaud
that fraud being committed by the exercise o. MS ul
cl power The crime Tor wiie ne j 'rle L
In conclusion he said: 81 Lei ne get these cases before
a Jury and il these defendants are lhhoceti ret nS'n Ds
acnued: let the country be relieved OF tlls had sah
da ard let these defendants 30 f0fA uhGer the saoD
NJ HIS Of counsel for the Government, made an
legal argument In reuia.ion OIL tSe ,b 9ict,,I
nical poins made against the form Oh tS
Mr. Rls, discussed the question as 70 whether tlt acs
Of Mr. Brady |Sie mir TeS hi! Eectye discretion lie said
mar under the position taken by the 0ther de no eA
he conld not be indicted and he resiS ed s Once he
could rot DE iwpeached Therefore ne Mou 20 5V ,
frc with hs plumber Ii IA doctrine that Il Ney IKE
the doctrine which Mr. Brady great pf3to!Re, t"oe
adopted" What are you gong toHo sp %w rk
al !tt yfn he
were Going TO do about it; and thlnA that Af' BIdy
viii md out what We are gong TO 90 aD0 f u l
not xous 10 tulhl the pledge which ne made on tHe
,'ent of he Information" when b. said that II
aisuneeinSy Grd n Gr,nd jury to udict, they would
prompti~ come forward ana plead and let a jury OF
Mr. wii.or-And whenever you get good Indictment
we , VIZ nec' 'V is not What you then said. In refer
enre TO remark BY Mr. Iugtr.oh YESTERDAY let me ~
thai t4nt Ar. Brady and all tAese o'l.r sGn'lenoa
Tp and stand their trial, that they
NAV a. well undeceive themselves II VIC! sulPv nav
~ deferred by any abuse which may be poured our Nv
Them. say that for TIE reason 'la o NV Mrs
rady publicly stated last night tlat by hr brae5 vA
press direction he pr9go,et 10 uo,.' i,orro morn
counsel on the part o. the NoNeruhc"s ~ ,5,, n
ing give nm the benefit OF TINS aGNefis,men. ~
gentlemen o. the other lS 'nilA , '' ovever that
| try this case, all rsht. Know I'm 10 10
| hey do not encourage iheI o,Su have
TINS inaS tT rr, tnis notice The man who made
Ms throat is AN nrefOrincd inmate OF ever! iueD'a''
"yI r wi-1Sabody has advertised this IN the
| newspapers than the gentleman VINO Is no" u
| uouncing Mr.. Brady ,.,.o,,,o, .,o,,rsol n,
,,, hos over heard IA, say that Nj. Brady was guliy
have said that believed him t. be guilty. ana ma, nc
,.nnld have 10 stand at the ar DeOtc we've 81 "s
felow-Iuen who viii say whether ne - su'9 VI nus
Mr. Wilson-Not five minutes ago you spoke OF Tweed
| as being Nj. Brady's great prototype. -. -,
! MT Bliss-I did tmnk that Mt Brady ma sou-ht ~
follow in TSeeds footsteps, ard think he VIII De sue
Mr. wson-po ou think that is Legitimate arsu
meuti go, - 49,. ...,r,oI ,,,,t,r hut Mr.
n,ersn a. allow ed ~ out 81 his way, ana To assCi
that he knew OF his own knowledge tha lis 'hon' "''
! innocent. - 49,. $500, 4 ,,,o.,ora and
| d,rect vn,lr renlr ks pcrsOnl ally AT MI. Brady. -
| MIR 'rotten~But you admitted that you began the
| Mr. 'Ess-l have never admitted IL.
| MIR Wilson-We Will leave that 10 anypony,
| MIR ISiss--I have not bought any newspaper
! MIR Wise Then they nave lct ABOUT lV.. -, ...A
| MIR Totteu-lhOse who take up the sworn VIII perish
by The sword. ho,., aona in
Mir Bli,s said: have done NIL thst nave zone IN
this case believing thai these defendants sic t, a.
hcneynR that tney should be pusheh' nut II ~
shall be found inaieq late to procure cOhNcllo1 Ia
he clad follow in the footsteps OF my "Io' -
rick whenever shall feel II proper 20 move ihal
ar All a. these defendants shall De Gl5chaISeu AM 81
free And shall perhaps nave greater pleasure ~ IL
man he because ii Will involve one with whoin nav
had heretofore pleasant personal anu ,"cll - "a,
Ar,umput on the of the defendants wa, tucu 10
su,lrd air. Shellabargcr making the maj speech; -,
MIR Shtnabargcr having spOken an hour anu a ma
concluded o'clock, and Judge h!Io haiu Una. no
,,nnld consider tho arguments aud decide upoh theui
Vi ing counsel three Jay bo'ce VI sno
| time he would rem Ter hi ieclsloh'
TWO MEN WHO WANTED TO DIE.