Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-20
THE STAR ROUTE CASES.
Decision of Judge Wylie.
THE APPLICATION FOR BILL OF PARTICULARS
OvERRULED

In the Criminal. Court, this morning, Judge
Wylie gave his decision on the application In the
case OF 8. w. Dorsey, j. w. Dorsey and others,
for bill Of particulars in the indictment against
them for conspiracy, in connection with star route
alone to represent the government, when the pro-
ceedings opened, and Mr.. Jere. Wilson the de-
| fendants. Later, Mr. George Bliss found his way
into the court room and was followed by Col r. G.
IngersolL
The judge, in announcing his decision, said that
Cne decision OF the Supreme Court of the United
States in the case of Croixshank was so reasonable
In Itself and such absolute authority in this court,
that ne would follow 1t SO far as 1t led him. II the
Indictment for conspiracy set forth legal crime,
1t should set forth the means and show that these
means were criminal, or In other words, II per-
son was indicted for fraud and the indictment for
fraud did not show the fraud, then the Indictment
was bad Where the legal offence was charged it
was not necessary to set forth the overt act of a
conspiracy. These, he thought, were the two doc
trnes set forth in Croixshank, and they must fule
the court They had been followed when the mo-
tion to quash was decided in the court Section
5440 OF the Revised Statutes OF the United States
SO Tar as offences against the government of the
United States was concerned, introduced new
principle into the law, and then began the Crox-
shank case and required that some act should be
done In pursuance OF the conspiracy. 1t was in
cases lifting within this statute necessary to show
That some act was done by one or more OF the con-
splrators In carrying out the conspiracy. The
rule for the court for the present occasion
IlOH of4u Ine lnQICInenb was altOgaGheT Suff-
cent In charging criminal offence against the
United States and the question was whether or
not not, 1t IT,, was sufficient in setting out the
the alleged conspirators. The bill OF
particulars calls for certain acts claimed not to be
set out with sufficient clearness for the purpose
OF criminal Indictment. One OF these acts Is
that one OF these cOnspiratOrs procured false and
fictitious names to petition and forwarded 1t to
the r the
spect 1t was false and forged. The court thought
1t was necessary to do that-if necessary to set it
out with the precision and particularly OF an in
dlctment for forgery or libel
In that particular he thought the Indictment
faulty. The indictment, however, did contain nu-
Sp1rat0rS, in carrying out this conspiracy clearly
set out, as required, and the question was whether
Inc court should require the district attorney to
dlctment when the indictment contains several
acts by one or more of the conspirators clearly
and fully set out; and the Indictment was good II
by proof. Should the case go to trial and no bill
OF exceptions furnished, the court would refuse to
Set forth.
Col Ingersol interruptng, said: "That is sat
Judge WylIe, continuing, said he should over
rule the application for a bill OF particulars, and
hold that evidence could be submitted only to
overt acts fully set forth In the Indictment. he
thought the allegations, to interpret which bill
OF particulars was asked, were defective as acts
done In pursuance OF q conspiracy. The range of
open than that based upon these overt acts, and
ne qld not see that bill OF particulars was
needed.
Mr.. BLISS SAID
the government would furnish to the other side, as
speedily as they could be prepared, copies of all
papers which they proposed tointroduce and make
part OF the trial.
Mr.. Merrck remarked that now that the court
nad oVerfuled the motion they proposed to furnish
the copies desired.
Mr.. WILSON EXCEpTs TO THE RuIrNG NJ THE couRT
Mr.. Wilson said that they would be thankful for
any papers sent them and give receipt If re-
quired and said he wished to except to the ruling
OF the court. He asked permission to withdraw
the plea OF not guilty in the OF Turner and to
enter motion to quaSh In his case ON subStanti-
ally the same grounds as the motions filed and
Overruled In other cases.
Judge Wylie declined to take any action on
these propositions as Mr.. Turner was not present
In court, and by agreement further consideration
OF the matter was postponed till Saturday.