Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-01
THE STAR ROUTB CASES.
The Motions % Quash the Indictments.
OONTNUATION OF THE ARGuNKNIS TO-DAY.


nxed for convening the Criminal Court, before
which the star route cases are pending, and In
which the arguments on motions to quash were
commenced yesterday. Mr.. r. T. Merrick, of
counsel for the government, was ten minutes in
advance OF time. At 10 O'Clock there were not
over forty persons In the court room. Judge Wyle
took his seat on the bench q moment afterwards,
and MIR. Bliss, for the government, and Mr. Shella-
barger OF counsel for the defence, soon appeared,
followed by MeSSrs. Wilson and Totten on the
same Side, and District Attorney Corkhill and Mr..
Ker, for the government Nr. Ker rwas about to COM
mence his argument for the prosecution. when Mr..
Iotten said he desired to submit an authority for
the defence, producing compilation Of Maryland
lSsa Eaas 0y rn0s HertS' published in Baltimore in
Mr.. Ker,s Argument.
Mr.. Ker, for the government, proceeded with HIS
argument, claiming that conspiracy was an
agreement to commit crime, and It had always
been held that the mere assembling together Of
parties or concert OF action for the purpose OF
committing crime, was sufficient, and 1t was not
necessary to specify the particular act It suf-
ncient to charge that there was an offence Un-
der an Indictment for conspiracy for which the
pleaded and the punishment is ten years, the
court VIII sentence for the constituent miSdemea-
nor: MT Ker remarked this was the ruling In the
for conspiracy, but the sentence was for the con-
stituent Observation-Disclosures.
In drafting the indictments all the forms had to
be followed in orler that the defense should have
the fullest notice it is possible for the prosecuting
officer to give him. The indictment had been pre-
weighed. It had been said the word "corruptly"
was not used. In MS judgment this word is not
used as to conspiracy unless it is under statute,
and the word used is "defraud," the meaning OF
Wh1ch-tO cheats well known. This word is
used in the act OF Congress- and is the word to
use. MI. Ker's opening remarks were mainly IN the
nature OF an explanation of the Indictment
THE CASE OF TURNER.
Judge Wylie Interrupted him to ask II the indict-
ment contained anything to show that Turner had
stated falsehood for the purpose OF misleading
the Postmaster General, or were not the 1ndorse-
ments made by Turner true in point OF fact
"No, sir,n said Mr. Bliss.
"If Turner" said Judge Wylie, ''made false in
dorsments on the jackets, in pursuance Of an un-
derstanding with other parties, it would seem to
embrace him in q conspiracy"
LEGAL POINTS.
Speaking OF Mt. Ingersoll's remarks as to
Miners affldavit that one man and
one animal were needed on certain
route, Mr. Ker maintained that all the pleader
need do In case OF charge OF perjury is to aege
that that tn the facts represented were not true There
mon law requirements to constitute an unlawful
act. and that was the making OF an order for pay
ecuted The Postmaster General, he said, was to
false petitions He claimed that
THE MEANS OF THE CONSPIRACY
ment. II the United States had undertaken a bur-
den Of proof greater than it could bear then the
responsibility would rest on the government at
the trial, but was not matter to be discussed
now now. In reply TO the statement by the defence
rate conspiracies Mr.. Ker held that every crime
consisted OF a number OF elements II the govern
and then failed to prove, that however riagrant
the conspiracy might be still they could not lose
the case.
IN REFERENCE TO THE ACTS OF Mr.. BRADY
he said that In view of the position he held as
second assistant postmaster general he was en-
abled to do these things, and that he was inter-
ested to the extent Of getting his share Of the
gains.
Mr. Mcrrick Argues the Validity Of the
Indictment.
Mr.. Merrick then arranged a formidable collec-
ton Of law books on the table before him. and be-
gan to address the court. He said he would ad-
dress himself first to the allegation that the in
dictment was invalid under the Maryland act of
1s2 In July last, he said the justice holding the
particularly directed their attention to che public
rumor that certain frauds had been committed in
connection with the mail service.
"That was not the grand jury that found this
Indictment" interrupted Mr. Totten.
Subsequently, Mr.: Merrick said, the counsel for
defense came into court and asked that the grand
1urybe directed to proceed with the investigation.
Though that was not the grand jury that found
part Of the Court Of the sfae as
That court adjourned, and the grand jury
was discharged. Then came the next term, and
the grand jury was directed TO inquire into all
matters involving violations of law. Subsequent
to the organization OF that grand jury, the Judge
I Sese
weeks before the indictment was found This
grand jury placed a presentment in the hands OF
submitted to the court with the Indictment The
Judge holding the Criminal Court accepted the in-
dictment. A bench warrant was moved for,
Mr. Merrick held. to constitute valid Indictment.
THE MARYLAND ACT OF 1722
Mr.. Merrlck asked II this act of 1722 was, until
this term OF the court, known to any man In the
District. No lawyer had ever practiced under it,
either here or In Maryland. There wasn't a dis
trict attorney in the state OF Maryland that ever
practiced under the act. This act had only once
been brought forward herein the case OF q. 8.
agt: Tompkins1and then 1t had been denounced
desuetude. 1t had been expressly repealed by the
organization Of the judicial system OF the District
administration of justice was changed.
Mr. Merrick having read a number OF authorities
as to the p powers OF prosecuting oceTs he Re,
the government and the accused. His powers were
quasi-Judical He was to see that no wrong was
when the evidence is in, believe any Of the &C,
cuSed parties are innocent shall ask the Jury SO
to @ say o believe they are guilty will prose,
for the purpose OF having guilty men punished, II
there are guilty men. and II there are not for the
purpose OF conducting an investigation that will
not only clear them but win result in clearing the
civil service OF the country Of the greatest scandal
under which 1t ever suffered"
tWhile Mf. Merrick was speaking, few minutes
after 12 O'Clock, Attorney General Brewster entered
the court and took seat at the prosecution tablet
THE LAW REGARDING .CoNsPiRACIES
Mr.. Merrick discussed at some length the law
regarding conspiracies. Referring to the Cruix-
c1No Iao Hoxyc
Of Mr.. Shellabargers argument, he quoted from
United States agt Hirsh, which he said cleared
away errors made In the Cruikshank case.
When MT. Merfick finished on this point, Mr..
Shellabarger wanted to call attention to some
thing regarding the Cruikshauk case, when Mr..
Merrick said:
sI will leave that to you to discuss"
81 would like to hear you on it," said Mr. Shella-
barger.
rick: 81 would rather hear you on It. have per-
forated your keystone. II you can't see the hole