Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-25
TEE STAR ROUTE CASES
The Motions to Quash Indictments
IN THE CASE or THos. J. BRADY.

IN THE CASE OF THOS. J. BRADY.
The motion to Quash, submitted on behalf Of
Th0s J. Brady, sets forth:
1. Lack or jurisdiction.
2. An insufficient state Of facts TO constitute o
crime
3. The alleged fraud was not such as was made
penal by law.
4. 1t was not shown that the alleged acts dii or
could operate To defraud the United States, aud
that this court could not determine whether said
Increased service was not needed or required for
the public good
8. This court cannot Inquire into acts devolved
upon the defendant by law and the regulations OF
the Post Office department.
g. 1t was not alleged that he had acted cor
ruptly
:. The indictment. including several alleged con-
Sp1racieS, formed at different times about differ
ent subjects, was bad Tor dupncity.
8. All the alleged acts do not constitute crlmi.
nal fraud against the United States.
8. The alleged acts are not OF a nature TO effect
q fraud.
TO- II was not possible for all the defendants, in
doing the acts alleged. to accomplish a frard
IL. The law under which the defendant As prose-
cuted has been repealed.
- Each and every contract for Increase and ex-
petition Was at a subsequent date ratined, con-
firmed ana adopted by Congress-
Ii There was no sufficient ayerment that tho
alleged false petitions and letters were false or
are they set forth SO that the DEFENDANT can
know what facts he will be called upon to meet
IA The Indictment is vague, &c, and repugnant
In its allegations and averments.
Is. The defer dants were not bound over by any
court or committing magistrate. or other compe-
tent ofcer, and no express order OF the court was
made TO submit the matters charged to the grand
jury nor did the grand Jury find the bill of their
I6 1t is not averred that the alleged conspiracy
was to accomplish an object made criminal by
statute, &C.
constitute any crime or miSdemeanor known to
the law.
IN BEHALF OF EX-SENATOR DORSEY.
The motion submitted by Mir. Ingersol in
behalf OF ex-senator Dorsey set forth substantial
ly that:
!: The indictment was not found in accordance
2 The grand jury had no legal authority to find
the Indictment and bring it into court
3. The district attorney had no legal authority
to draw the Indictment or deliver the same TO the
grand jury; because George b. Corkhill, esq, at
torney OF the United States, &c, did exhibit said
bill OF Indictment TO the grand jury without an
express order OF the Supreme Court OF the District
OF Columbia, or any one OF the justices OF said
court. and the grand jury did not find the indict-
ment OF their own knowledge. neither was stephen
W. Dorsey, or any OF the DEFENDANTS I'm the indict-
ment bound over to this court to answer the action
OF the grand jury.
4. The grand jury did not make presentment
OF said defendant before finding and presenting the
indictmeht, ana dld not md the Indictment OF
g. The Indictment fails to describe the ofrense
that was to be committed against the United
States, and also fails to state the manner i'm which
tine United States was TO be defrauded. tSection
| G. The unlawful means resorted 20 must be set
out clearly and distinctly In order to establish
| charge
| petitions should appear in the indictment.
g. The names OF alleged fictitious persons signed
to these petitions should be given.
g. There was no allegation that the PoStmaste
General ever saw any OF such letters petitions,
that he was ever deceived by them, that they
were ever used for the purposes or deception.
10. The Postmaster General alone had power 10
make orders such as were attributed TO the Second
Assistant PoStmi ster General. who had neither
the right nor the power TO increase or expedite
service upon any route.
II. The contracts involved in the Indictment
were distinct, and had no relation to each other;
q 1rp0 lanfy pi INV
one defendant In any way affected the
amount received by another: nor is it is averred
the money alleged to have been fraudulenty OBJ
tained.
cies are described in the Indictment
Is The Indictment Is contradictory.
Il The afhdavits nled by contractors and sub.
contractors were not authorized or required BY
Is There Is nothing to show the real number OF
the various routes, though the indictment mega
tives the various anidavits filed concerning such
necessity.
i6 There Is no law that required Turner to make
any endorsement upon the papers, which he is
charged with having falsely endorsed, and the fn-
dctment should have set forth the substance OF
said papers as well as the alleged false endorse
mentS.
II. The indictment does not show that the in-
creased service on route 81 lls was not requIredor
filed
wherein they are false.
~ The section Of the statute $40, in force az
the time the alleged conspracies were made was
on the 18th or May, 1879, repealed.
20 The Indictment did not show that Brady
acted cofruptly In making an order extending the
service on route IS, 13a
81. That IL was not set forth that the expedition
asked for in alleged false petitions route a0
was not necessary for the public good.
- The4ndictment fails to set forth the drafts
warrants or orders OF which il was alleged the
defendants had defrau1ed the United States.
CHURCH SOcIABLx.-Oyer two hundred people
assembled at the North Baptist church, 18th and
streets, last evening Mr.. j. b. Philip read 1.-The
Bachelors Dream with excellent effect An
organ solo was rendered by Miss vesta Richlr1s
and nj: David q. Bangs recited In pleasing man
ner 1.-THE Contented Man, after which refresh
nents were served by the young ladies OF the
church. The retiring minister, Mr. Owen Jame4
and wife were presented with silver salver and
go6lcts BY the ladies Of the church The children
Of the Sabbath school gave the retiring posta1
copy OF the sOrig1nal Roftra1ts OF washinEtrAs
1he presentation was made b. Rev. Mr.. Saunders.
OF the Navy Yard HAptA2 church The remarks q
6oea inc ressrono genSsnea were very appro-
t5eer and his wIsc faroweu. ehe friends and mssup
- q TIE congrcgat1o0 lefS for the1S ocTeFSl
No. NJ .InloGR IA Enpa rfrr NJ