The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-04-11
STAR ROUTE INDICTMENTS.
Judge wJIIe Decides that They Arc
GootI and MHSt Stand.

Coed and Must stand.
Special Dispatch to the lnlelllgencer.
, WAsnISGToS, April i0.-In the criminal
court to-day Judge Wylie, in the cases Of
Brady, Dorsey and others, indicted for
conspiracy to defraud the Government,
decided against the motion to quash the
indictment. The position by Judge WYlie
in regard to the Maryland law Of l72o was
rather unexpected. In various small cases
before the courts it has been followed for
many years, and the present prosecuting
attorney, Mr.. CorkhiII, has appealed TO it
more than once, having himself complied
numberless rulings into one work to show
that the law was still in force. The dcci-
sion today therefore caused no little Stir.
prise and no little apprehension among
the lawyers, as numerous other cases
in which the question OF the validity OF
this law is involved, will have to be again
brought up for adjudication. The motions
under this net include one made in the in.
terest Of Dorsey, another by Brady's coun.
sci and q third in the case OF A: G. Soteldo,
charged with the murder OF his brother.
The Star Route people asked to have day
set for argument in which they could
plead to the indictment, but it is rumored
that they will take advantage Of several
other dilatory motions which can be made,
and then refusing TO plead will carry the
question ot'the validity Of this law OF 1922
(which Ju tge Wylie has just declared OBJ
solcte) to the Supreme Court Of the United
States for decision.
Associated Pres Dispatch: Judge Wylie
decided that the Star route indiGt-
meuts were good and sufficient, and the
motion to- ash was over-ruled, and the it,
dictments., 1, land against Gen. Brady and
Turner, \ & 'er, Rcerdeti, Cdheli and Boone,
OF the defendants. In court Judge Wylie
said the motions in the cases OF Dorsey and
Brady we're similar, the principal point
made being that the defendants had not
been bound over by the Commissioners TO
await the action OF the grand jury, and
that the jury had found indictments with
out the cAses having been properly brought
before them by the order OF the Court.
The Judge then read the Maryland law Of
1922, upon which these points are laid, and
reviewed the history OF the adoption Of
the legal code Of the district, and defined
the force Of tho Maryland statutes, which
are claimed to constitute part Of the
district code. The decision he finally ar
rived at, after IN exhaustive consideration
Of NIL the acts subsequent TO that OF organ
ixinc district courts, and that act itself was
that law OF l722, had disappeared from the
district code along with the many land
laws Of the same class many yearS ago.
The Judge then took up other points OF
motions 10 quash the jurisdiction OF the
court, and the point that the eonspir-
acy charged in the indictment,
Ind not been sufficiently defined After
reading the statutes bearing on the juris.
d;ctiOn OF this court he decided that the
court certainly had jurisdiction in the
premises As 10 the claim that conspiracy
had not been established by the iudict-
ment he saw that it was necessary 10 con.
slider whether or not the defendants had
Nv their ioint action endeavored to obtain
money or its equivalent from the govern
ment By illegal methods.
After reading the statutes at length the
Judge gave his definition Of the meaning
Of conspiracy, and reviewed the case fully,
and the portions Of the indictment con.
tanning these allegations, and said in his
opinion tho evidence presented therein
was strong enough to warrant the prosecu-
lion OF these deiendents, and he therefore
decided that the indictments were good
and sufficient in all particulars. He then
/ took up what are known as the straw bond
cases. which were sent to this Court, and
I decided that the indictments were suti.
Client In these cases also.