National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-30
THE srAR-RourE oAsEs.
All Motions 20 Quash OverruIed-Thc
Trial 10 Commence Thursday.

Trial 10 Commence Thursday.
In the criminal court yesterday Mr. Wilson re-
sumed his argument, commenced on Saturday, to
quash the indictment against w. II. Turner in the
s;nr.route cases. Mr.. Wilson, Mr.. Totteu, and
Mr.. JEFF Chandler argued in support of the motion
on the same grounds as taken in the Dorsey mo-
ton. Mr.. Ker and Mr.. Merrick argued against II.
claiming the indictment was perfectly good.
Judge Wylie then delivered his decision over
ruling the motion. lie said IL was the third or
fourth time in which he had heen called upon to
pass on the validity Of the Indictment. This in.
dictment was the same MS the first one, which had
been lcn behind or abandoned. Ithad been very
carefully drawn. Judge wylic then give sketch
Of what was set forth In the indictment On the
nee OF the Indictment there Appealed
A CONSPIRACY OF A MOST AGGRAVATED CHARACTER,
aud the court was bound to assume at the present
stage of the case that the allegations made IN the
Indictment were true. Turner was taken into the
conspiracy, and II the conspiracy be true turner
was bound by the overt acts of his Fellows done
In pursuance of the conspiracy and In iact he may
be as guilty as the rest OF them. He finished by
saying We have criminals enough who escape
horrible state Of 5 ciew il they could escape by.
denouncng the laws. He said he had seen many
guilty men escape, but never an innocent man
convicted The security OF the Defendants do'
pended on the failure ofthe government to eslab-
li.h its charges by proof before jury. MrNl.son
said they would mil in that ind that he had no
apprehension on that point. He ne ted an cxccp-
tiun to the ruliiip Mr.. Wilson then took up the
affidavit filed 10y Thomas J. Brady upon "inforna-
IMPROPER CONDUCT or THE GRAND JURY.
Judge wylie said as II was not upon personal
knowledge but only upon Information and be-
lief" 1t was unworthy Of consideration. He said
that Mr.. Bliss bad bren recognized rs an assistant
district attorney, aud us such he had been given
permission TO go before the grand jury. Mr.. VIII
son asked to have commission to take testimony
rcga ding the conduct of the grand jury. This
wasr eiuscd, but II was allowed to go ON the record
as motion with the fact that 1t was overriled.
Mr.. Cole asked that the same record bu made with
HQrlpll's r.. Obinptpl.
Ind sworn to things OF his own knowledge and he
proposed to have him provo his Allegations. Mr.
Colo then read the AFFIDAVIT alleging improperly
OIL the part of Mr. Bliss before the grand jury and
that Judge Wylie, ut tho conference in the Grim
inal court room, instructed them TO receive ms
evidence reports ana statements which could not
properly be received.
JUDGE wYLIg INTERRUPTED HIM
and said, with considerable emphasis: " That Is
absolutely not true in amy single syllable shall
direct that he be proseouied II you flo thnt paper
Will have him prosecuted. If II mnn will swear
that way what know Is not true | am Aston
surrd,' said Mr. Cole. al am the man, ond not
Rcrdyll." "Consuiew exclaimed Judge Wylie
|" Is that the word to use about perjury! Why did
Cole cislsled that no was to blame for tho word.
ing of the AFFIDAVIT. "After this notice." said
pST M os aid i that III the IAN SdSyt had 6esn
filed, and offered to withdraw 1t md amend the
wording. but the court declined to permit 1t. The
substance of
THE AFFIDAVIT FILED BY Nh. BLISS
was that he had been duly appointed and quail
fed us as istant district attorney, and hud IN no
manner oyersepped his duties rs such, &c. Judge
Wyic said that the court had instructed the grand
Jury only ON very simple thing in relation to a
question Of law. The court gave no instruction as
to receiving illegal evidence. lie knew that the
| evidence of Rerdel regarding that interview did
not contain syllable Of truth. Motions In abate-
ment, for bill Of particulars, and for u severance
| were filed and all overruled. The defendants
were then arraigned and pleaded not guilty. There
WINS some discussion rs TO the old indictment being
nUlle prosecuted by the prosecution, but this they
| declined to do. The trial was then fixed for neX
Thursday, and the court adjourned.