Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-27

Motions % Quash the New Imdict.
menss Argued by Messrs. IngersOl
and MeFr1ck

4
sweeney, Ingersoll, &C. Cole, Jeff Chandler, VIII
son, Carpenter and Williams, OF counsel, were
| among the earliest to arrive On the court being
opened Messrs- Bliss, Merrick, Ker, and the dis
trict attorney, representing the government, were
In their places The defendants were also all
present, save the one reported dead.
mi Mr. Corkhill announced that the government
| was ready to arralgn the defendants The
defence, through Mr.. Wilson, having announced
mat they did not care to have the indictment
stated that they had read the Indictments
| Amew tne contents, and waived the reading, the
court would proceed.
THE READING OF THE INDICTMENT WAIVED.
After some discussion the roll OF the defendants
was called and each said in substance that he had
read the Indictment and waived the reading.
MT Brady, when he was called upon, said: 81
nave read the Indictment, and don't want to hear
IL again." remark which raised laugh.
NOTIONS TO QUAsH THE NEW INDICTMENT
MI. Ingersoll then filed a motion In behalf OF the
MessrS Dorsey to quash the new indictment for
errors apparent on the face. Mr.. Cole filed a mo-
ton to quash on behalf of Rerdell Mr. Bliss, after
looking over the paper, said il was based on al
legations concerning what occurred in the grand
jury room, sworn to by Rerdell himself "And,"
SAID MI Bliss, may add In essential particu-
lars, untrue" Mr.. Wilson, for Turner, filed a mo-
oas SUa 70 quasa on the ground that the indictment
similar motion for Brady.
MT: e. Hine for Messrs. Vale and Miner filed
NEW POINTS.
The motion on the part of Rerdell submitted
some new points to the consideration of the court
IL alleged, as grounds that Special Attorney Bliss
nad been permitted to appear before the grand
| jury and examine witnesses, and that he made
speeches and arguments and untrue statements
before tn that body; that the grand jury were influ
enced by the court and Mr. Bliss to accept as evil
dence certain ex-parte reports submitted by Mr.
p H. woodward; that on the 18th inst, when
Jury met and received testimony in these cases;
that the preSentment was made in court at II a. M
to 'ne sns United
SAID Indictment was not prepared as ordered but
returned fsa ,,o into court very shortly. after
having returned to court within ,ftee1
| minutes and could not have been and was not read
to prepare; that the Indictment was not and could
not nave peen prepared within the brief time
mentioned. but was prepared long before the pre-
sentiment was nled In court; that the Indictment
vital points and among others in the date OF the
alleged conspiracy, bears on its face marks OF al
| found while proceedings were pending against
KerdeH IN the Police Court; that the charge OF
con Conspiracy T. was imperectiy and insuficently set
tam tam alegatons; that no offence or crime is prop
The motion on the part OF Turner simply alleged
1cent. ' o-
The motions on the part OF vaile and Miner
alleged vague and indefinite averments, and that
Ine defendants were not charged with any overt
The motions submitted In the cases Of tbe Messrs
dorsey, and the nrst part OF the motion on behalf
OF Brady, were substantially the same as those
snce9 70 9Gasn sne old i1diStment and alleged in,
act; repugnance and duplicity In the averments:
lack Of Jurisdiction on the part OF the court to in,
to determine whether the increase and expedition
OF mail service was necessary; that the Defend
ants, two Of whom were public officers when the
nofh hof rfo
together, etc. The motion on behalf OF Brady
then sets out shat one George Bliss, an attorney,
sistant or deputy the district attorney for the
sole and exclusive purpose OF gaining admission
20 sne grand Jury room, and that he did gain ad-
MISSION ana attended the several sessions of said
grand jury with intent to unlawfully inJure the
de1endants; that he Influenced said grand jury In
1ne aiscnarge OF their duty, etc" The motion also
sets forth the exclusion from the court room of ali
persons except said Bliss the occasion OF a con-
ference with the grand jury.
MR. NGERsoLL ARGUES THE NOTION 10 ouAsH
Mr.. Ingersoll then began to argue the motions
which he filed In behalf of the Dorseys beginning
with the averment that the papers. fraudulent Pc
CtlonS, &C., referred to, as complained Of were not
sunclently described and set forth In the indict-
ment Mr.. Ingersoll's argument as to what the
law required to be set forth in the Indictment fol-
on the motions to quash in the case of the rst in
dlctment, though he quoted some new and recent
authorities to sustain his position.
Mr. MERRIcK REPLIKs
Mr.. Ingersoll finished his argument a few min
utes before twelve O'Clock. and Mr. Merrick arose
to reply, devoting himself to certain new author-
ties produced by Mr.. IngersolL Mr. Merrick.
during the course of his remarks said that every
thing In the old Indictment, sustained by the
court, was set out in the new one, and somethinV
more, with greater particularly.
He claimed that II the court went over the indie
ment letter by letter and line by line he would |
ind no inconsistency, no incongruity, and no va
Mr. BLISS FOR THE GOVERNMENT
Mr.. Merrfck concluded his argument at half past |
twelve, and was followed by Mr. Bliss for the gov
ernment, who made brief explanation OF certain |
parts OF the Indictment
Mr. N'swEKNRY FOR THE DEFENcR
Mr. McSweeney, arising, said that the duty OF re-
plying for the defence had been thrown upon him. |
As he had not been able to get his books together
he asked to be allowed until Monday morning. |
JUDGE wYLIE SAID
that he had not examined the new Indictment |
with great care, but so far as he had examined |
1t he had discovered no substantial difference and
under the circumstances he was not disposed to |
laws relating to conspiracy, he said that there can
be no conspracies punished under the laws OF the
United States without an overt act He held |
under the former indictment that the cOnspiracy
was sumciently charged though the means were
not not specifically and clearly set out He thought |
cient cIearness and precision.
Mr.. McSweeny, In support Of his position. |
quoted decision BY chief Justice Gibson, Of |
Judge Wylie, referring to Judge Gibson. uuoted |
his ruling where he held that indictments charging
conspiracy to purchase or sell lottery tickets could
be sustained, though it was not set out how many
or what lottery tickets
according to current opinion" said Mr.
McSweeny, elaw is good deal OF lotteryn
ut Is about as certain" sand Judge Wylie aas
anything human. There Is one thing certain. /
have never known an innocent man to be con-
victed.n
81 am sorry to say," said Nj. Ncsweeny, Sthat
'sThat is because" said Mr.. Bliss" s.you have /
not practiced In United States courts"
The Star Route SSvimdlers Coming % |
the End Of their Tesher.
From the New York Herald
Il Is now nearly year since the proceedings /
against the star route swindlers were begun ana /
although the accused pretended to be anxious for
the earliest opportunity to prove their innocence
they have contrived, by taking advantage OF legal
technicalities, making motions for delay, etc, to
keep the charges against them from being inquired
into by jury. The cases were set down for trial
yesterday, but the defendants again moved for q
and succeeded In getting a reszn1te