The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-11
THE STAR ROUTES.
Judge Wylie Decides the Indict-
ments are Good.
DORsEYs RECoGNIzANoE DECLARED
FORFEITED.

WASHINGTON April 1O.-There was nearly a
full attendance of the counsel at the opening
of the criminal court this morning to hear the
decision of Jude Wylie upon the motions to
qussh the indictments in the Star Route cases,
Col. Bliss being the only notable absentee.
Gen. Brady and Messrs. Turner, Muro, Reade
Cabell and Boone of the defendants were pres
ent and engaged i'll close consultation with
their counsel.
Shortly after 10 o'clock Judge Wylie pro-
ceeded to deliver his decision. Reviewing at
length the argument of the counsel, the mo-
ton to quaSh was overruled and the lndict-
ments stand. Judge Wylie also decided that
the indictments were sufficient in the Straw
bond casa.
District Attorney Corkhill asked II the same
decision would not dispose of the motion to
quash in the Soteldo murder case, to which in
quiry JUICE Wylie responded in the affirmative.
Some dissension followed as to the time to be
set for the trial Star route cases. The prose-
cution asked 10 have the indictments read and
the defendants appear and plead.
Mr.. Totem of the counsel for the defence said
they would be ready in An hour or two to
plead. Referring to s. W. Dorsey, who is not
in the city, he supposed that his recognizance
could be declared forfeited and he could after
wards appear and pay the costs.
Judge Wylie said he did not believe it nee
sssary to have the indictment read If both sides
ere agreed.
After some discussion among the counsel,
Mr.. Merrick submitted proposition to set the
first week in May for the trial and asked opin-
ion on the proposition. :.
Col. Ingersoll rather brusquely said, 81 will
let the court fix the date. want no favors
from the other side"
Merrick-Then shall ask to have the recog-
nizances forfeited.
Ingersoll-Go ahead and suit yourself
The Court They have the right to make the
motion.
Merrick-And make it.
The recognizance of Stephen W. Dorsey was
then declared forfeited by the Court.
A long wrangle ensued among the counsel,
which the Court ended by stating that indict-
ments must be read tod. y, and such of the de-
PENDANTS as could be got together must plead.
Col. Totem at this point formally noted an
objection to the decision of the Court on mo-
tons to quash.
Upon request of Mr.. Merrick bench war
rant was ordered to issue for the arrest of
Stephen w Dorsey.
The remainder of the defendants were then
called upon to enter appearance, which was re-
sponded to in most cases and the cases were
adjourned until 3 o'clock this afternoon.
The court re-assembling at o'clock and the
clerk commenced reading the Indictment
against Gen. Brady, VIM. HI. Turner, M. c..
Reidell and John r. Miner. At the conclusion
of the reading they were called on to plead
when Col. Totten, counsel for defendants,
stated that in the case of Brady and Turner
he had certain pleas of abatement to file.
These pleas were to the effect that pending the
time the grand jury were finding the indict-
ment certain parties other than the district at
terney and assistants had free access to the
grand jury room and made speeches before the
jury and also laid before them pamphlets and
other ex parte evidence. Col. Totten asserted
that this was exercising undue influence upon
the grand jury and said he put in this plea in
stead of pleading to the indictment. Mr.. Mer-
rick of the counsel for the government con-
tended defendants were there simply to plead
guilty or not guilty, and they could not enter
into any other question at this time.
Mr.. Totten said in reply this was the only
time counsel for defense could possibly MAKE
this plea and cited several authorities in sup
port of his position.
The counsel for the government commended
counsel on the opposite side could not 60 into
the action of the grand jury it being secret
tribunal, and that while being called on to
plead to the indictment they could not arraign
the grand jury.
Mr.. Totten argued that the actions of the
grand jury were not altogether secret and ii it
misbehaved itself it could be held to account,
as if it were petit jury After some further
discussion of the question the court remarked
rs defendants were under arraigRment he
could not adjourn the court. But taking into
consideration the lateness of the hour he would
direct recess until tomorrow at 10 a. m =,
when it is expected he will rule upon the ques-
ton at issue.