New-York tribune., 1882-04-12
THE STAR ROUTE CASES.
ANOTHER DECISION AGAINST THE DEPENDANT

ANOTHER DECISION AGAINST THE DEFENDANls
WASHINGTON, April 1.-The hearing OF
the Star Route was resumed III the Ofiin-
inal Court this morning the question under CON
sideraton beng the special plea In Abatement
made yesterday by the defence, In which IL Is
claimed that the Grand Jury was unduly influenced
by the statements Of Post Office Inspectors VINO were
Illegally allowed TO present evidence and pamphe'o 10
the jury The jury was excused ior
time by Judge wyle while the legal
points By the defence we're under consiaerauon n
Colonel Ingerson said he had given his word that his
client & w Dorsey would be present, and he certainly
would be here next week.
Mr. Totten opened the argument for the defence by re-
viewing briefly the proceedings already had III these
cases.
Judge Wyle said he satisfied that If any ore OF the
Grand Jury was disqualified from any reason their plea
was well taken.
Mr. TOtten said he intended TO prove tna' IeJ" la"
been unduy influenced.
Judge Wyiie-You cannot prove that You nave no
right TO go into the of the Grand Jury and nves
gate their proceedings
Mr. Totten-I differ with your Honor in that belief.
Judge wyhe-wen, will hear authorities on tna'
point.
decided that if the defence could impeach the coIpe
.ency Of any OF te Pc o S @ the and
investigate proceedings which the law expfesSy
alo the rih OF the defence to make their pleas now
and he Thought they should be read.
Mr. Toiten accordingly proceeded 10 reau lhcli plcN
which incndes an atHdavit sworn 10 by W. H. Iu'ner
one of defendants charging that anou9 t iautmre
woodward and 1idbal, over the Grand Jury me am
also charges that these inspectors were not regular
cbspgds and innnendoes outside of their own
knowledge which greatly to the injury OF ,he ae
fendants is also charged that woodward made over
turcs 10 Turner TO assist him IN making
case against other defendants and upon his
refusal had threatened to cause ana, ne GuIner}
| believed had caused. him to be discharged
from his position in the Post Office Department At the
conclusion of the reading Mr. Iotten made further
ergnmen In support of the pleas, In the course OF wcn
he said that Grand Jury room was TO- De c9nyerei
into political ward neetmg, IN wncn & an k9as if o
exp rte evidence could be peen'ed then the ie ana
rae the proceeding the Grand jury and to examine
ts close of Mr. Tottens argument the Court said it
had carefully considered the point ana ne ga" no reason
70 change his CONCLUSION through codnseIs exhaustive
argument He therefore reiterated MS uecsl3n a' inc
Gnnc of the Grand Jury must stand ana II was De-
ona % imnroper matter had been presented to the
;npv the Court always had the right to exclude II
IInon trial The indictments III these cases hau
npUn nn tnnnd sometime ago; motions 10 quash
bsd bren disposed OF, and tue defence had peeh
fer OF the Indictment The pea y mIst 1 be entered
said Judge Wylie. enphaticay or she ueIe4uants M
stand mute the trial VIII proceed unuer he terms oi .e
law The only objection hat some o. inc parties ntl been
indicted under their initials instead OF thelr l
ia of no consequence now, and ii eau Orn te D
sis for a plea in abatement heroa Ter MY opinion Is
thai the Grand Jury acted impropery' ot tt Soes % 1os
plea OF abatement IL nOl aiIO"apic anu 'h"' VI" Ni'
ought not to receive H." . -, ,ss. -...,, 49,. -
Colonel TOtten rose ana salu inc ue.ence "o' n ei @
An exception here this decision ana would iKe occa
sion also announce their Intention " carry oSo o'
before the Court III baHc. ,,.. -, Elm ,nd;.,
menr Yesterday, the other defendahs Ner ny orue Vi
The I6nrt called upon plead aud refusing TO 40 so,
,he Court ordered n pea Of not guilty to be entered
Mr. roitcn announced thai the Dill Oh eAeepuohh 10
carry The case bcOre the highest Court would be pre-
sent9d inst as soon as cOuld prepared MI MerilcR,
for the Government, thcn asked the Court TO nX date
ion ae trial If tue cases, and sad tal rs tne piO5tc
tion mad some distant witnesses To bring mere ne WOu
thai Thursday, May be designated ms order
was made by tne Court . .... A.. l.,
Colonel Hgersou informed the prosecution mat ne
wond expect them 10 give full bill o particulars at
mar time describing al OF the papers claimed Dy thei
10 be forgeres AMI would also probably nave 10 as
the Court authority to search the hcs ana recOus Vi
the Post Office Department. -, ,, u.. J.,
Mr. MerIck said tns tomorrow they %onlh prlhs & III
an at to ay the Court dispose of it, In this case
RerdeI was NOT indicted under his full ma ane
The Trial then ADJOURNED