Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-29
THE STAR ROUTE TRIAL.
MOTIONS TO QUASH OvERRULED.
THE ACCUSED PARTIES ARRAlGNep.

THE ACCUSED PARTIES ARRAlGNED.
JUDGE WYLIE CENSURES A LAWYER.
| When the Criminal Court was convened this
| morning by Judge Wylie to hear the star route
| cases, there were but few OF those interested
counsel or acknowledgement. The counsel came
In soon afterwards and the Jurors having been ex
| cused for the day,
MR. WILSON RESUMED HIS ARGUMENT
| begun On Saturday before the court adjourned on
| the motion to Quash the indictment in the case OF
Mr.W.H. Turner He said that when he looked at the
| lndictment ne was surprised that Turner's name
was Included IN It, and he hoped the prosecution
there was nothing in the Indictment that charged
an overt act against him, the ground OF the mo-
have been committed by the defendans He
claimed that there was not one overt act set forth
| IN such way that 1t would constitute a valid in
| act
Mr.. Wilson, reviewing the Indictment, COM
M pianed that the prosecution did not set forth in
any way 50 II could be met by argument, what
statutes OF the United States were violated by the
alleged overt act He pointed out what he claimed
were defectS In the Indictment in the respect men,
toned, and remarked, "such loose, ragged edged
pleading as that in criminal case cannot be tol-
Mr. To1TRN's RRnARks
When Mr. Wilson sat down Mr. Totten, arising
as he said, to supplement what Mr.. Wilson had
said remarked that the three contracts referred to
IN this indictment concerned different routes and
have to- he shown Ine % TSe nawfui II would
tractors were mutually Interested In the contracts
he claimed that under sections 1868 and 37S7, K s.,
here could have been no combination between
| the Miner, Peck and Dorsey routes Mr. Totten
| argued persstently that such combination or
taken place.
JUDGE wYLIE's POINTED REsPoNsE.
Judge Wylie, however, was apparently not con-
v1nced that there was any flaw in the Indictment
! In this respect, for when Mr.. Totten finished he
| remarked, aYour position amounts to this that IL
| man violates law. he cannot be indicted"
Mr.. KER IN REPLY 10 Mr.. WILSON,
Mr. ker then spoke In reply to Mr.. Wilson's ar
gument, which, he said, he considered the strong.
est yet made by the defence which showed that
fne aslence was vas beginning to understand the
Mr.: Ker made q very critical exposition OF
tne Indictment urging the sufliciency In every
respect In closing his remarks, he said the
defendants would find out under what statute they
were indicted when they came to Judgment
whether II be In two years or five years.
MR. CHANDLER FOR DEFENcK
Mr.. Chandler followed for the defence, and
attacked the statements made In support OF the
Indictment as absurd and extraordinary. He
Claimed that the contracts were legal and had
been faithfully performed. He argued that II there
had been an excessive payment, the Indictment,
IN order to be valid, ought to set out the amount
Why should the 1ns the IN CHANGES en
the amount, when they conceded that part OF the
amount belonging lawfully to the defendants7
cession
We'll, the Indictment does, II you do not said
! Mr.. chandler, "and am speaking OF the indict-
Mr.. Chandler finished speaking a few minutes
before one O'Clock, and was followed by Mr.
Judge Wylic's Decision.
Judge Wylie said this was the second occasion
perhaps the third or fourth-in which the court
had been called upon to express an opinio as to
the validity OF this Indictment He said this in
dictment was substantially the same as the first
Indictment, which had been left behind or aban-
fully drawn. He then summed up briefly what
was set out in the Indictment
On the face OF the indictment, he said there ap-
peared conspiracy Of a most aggravated charac-
ter, and the means to be used were false petitions
ahdavitS and letters. The date OF the conspiracy
he believed, was fixed at the pa OF May, 1873. Tie
charging part Of the Indictment did not set out.
except In general way, the means that were to
be used: If the Indictment had stopped there, OF
laws OF the United States did not allow a charge
Sf Se against the United States to
Followed bv an Tnless overt sne a conspiracy WAS WAS
respect the statutes had changed the common law. @
Now there were thirtysix overt acts stated in this
Indictment, and, undoubtedly, with the exception
perhaps OF one or two these overt acts were stated
with all the clearness and precision that could be
required The court was bound to assume, at the
made IN the indictment were true. 1t was
immaterial, m the court held, whether these
by law or not These were said to
to be the devices by which the conspiracy was to
son making the afidavits or false Oaths could be
convicted Tor perjury or not AS TO the statement
that the defence did not know under what law
they were indicted, the court said could be
held for a violation OF law not known. This was
an Indictment under section $40, R. s., respecting
conspiracies to defraud the United States.
The defendants certainly knew there was such q |
law. 1t was no protection to defendant that his
fraud was forbidden by half a dozen statutes So
conspicuous figure In this defence as some others
probably: It appeared, however, that these al
without the assistance OF some person occupying
his position. So he was taken into the conspiracy
on his Behalf. II the conspiracy be true Turner
was bound by the overt acts OF his fellows done in
pursuance OF the conspiracy and in fact he may
pend upon the truth. It was said that this was
most abominable doctrine-that one man must be
subjected to punishment because Of his assocla-
ton with others. He did not see the abominatfon
OF the doctrine. 1t had always been the doctrine |
"God knows" exclaimed Judge wylie. 1--WE |
have criminals enough who escape punishment
under the law as 1t is, administered with as much
vigor as we can apply: 1t would be horrible
court should be allowed to escape by de-
nouncing laws" There was no uncertainty about
IL, tne court cOnClnued. NO man was bound by the
acts OF another. There was no danger
GUS uncertainty in the law: GA man
conscious OF innocence" said the Judge, |
"may rely with absolute certainty upon its protec-
tion. / have never seen, in my experience, any
innocent man convicted. I have seen a great
many guilty men escape" He did not think any
OF the defendants were ignorant Of the nature OF
the charge against them II any such defect
appeared hereafter, the court would promptly
interfere The more he considered the Indictment,
the more he became convinced tnat the security OF
these defendants depended on the failure OF the
government to establish their charges by proof
before jury.
"They viii fail in that, your honorn said Mr. |
Wilson, interrupting; 81 have no apprehension on
that point"
THE NOTION TO QuAsH ovERRuLED AND AN APPEAL
NOTED.
Judge Wylie then overruled the motion In the |
case of Turner and Mr. Wilson noted an exception.