Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-02
Star Rosste Cases.

WASHINGTON, April LIN the Star rout
coses this morning Kerr began. opening 20
the prosecution, and discussed st length th,
aebiect OF the conspiracy, claiming that it die
net follow. when overt acts were sesup. tia
sae prosecution must establish the fact that .
crime or misderae2noT was actually commit
I'D III order to prove conspiracy. Tho over;
act need be simply something to shew esusen!
al action in logical movement, to carry out Q
conspiracy, The act, in itself, might or
night not constitute crime. K.rr thea dis
c;tssea the indictments, denying their Insult
iciency or vagheaess, as claimed by the de-
ense.
6err vas followed far thu prosecution by
Merrick, who began his argument vita 4 re.
view of the point raised by the dcfeuse that
The finding ct the Indictment was Irregular
because Of failure 10 comply With the re-
g;sirements Of the Revised Statutes Of ITS
Counsel reviewed the facts connected with the
finding OF the frdie,menIs, ard insisted that
40 rregniarity eUuld be proved, even under
tie statute pleaded by the defense. Passing
10 the QUESTION r. 90 whether the Mary Hand
statute IL stll Ia force in the District of Col
umbia, couIeel claimed that 10 mAn before
The bar, Eas even he EGn0rable Judge 1Dou
the bench, had ever heard the statute OF lTTS
years practicsd In tbe courts of Maryland aud
aad spent Fothe time ~ the preparation
NJ q Cigest ef the laws of Maryland during ito
criminal pr etice, and nc had never heard of
this statute OF TIA Ther8 was net 3 word
apon this act 10 any OF ,he Maryland reports,
lad no district attorney OF The STATE OF Mary
land or of the District 81 Column bia had ever
practiced under il, The pnsctce "a the
Uaited Sates courts was defined by the st t.
lteS. and aJl isws Of Mary iand repugnans
thereto are tgs0 facto repeated. Merrick al
!ud6d to what ne called { re claim OF the de-
tense, that the Judiciary must not Investigate
the acts Of theexecut,ve, SO that In the case
d Brady Ike cOtld not be tried for his official
acts or Tor the excess OF his disere ion,
whether goGd or bad, ia the discharge of his
official Gutes. This, said 4erriek, is nUt
what we are trying him ior, but We are tr1ing
aim for 4 crime We a's IRVING bin for q
conspiracy. The overt act, so lar as shown,
Isay have esh dVHe under the cloak Of his
official position. In conclusion Mrrrick said:
Gentlemen, kS Rs go tsiOie the iary ss soon
ss possible. snd II these men are innaeent, let
.kem be acquitted, and les he c.untry be re-
.ieved of this great scandal.
While Aerriek was speaking Attorney Gen
9rSl Brewster entered lse room and took seat
With the counsel for The Prosecution
Bliss on behalf OF the ~ Gs, cutiun hegan the
CLOSING argument upon tn motion to q,Gash
the indictment, commencing W Tn an egpaus
tive and technical deielse Oi the Indictment as
/ good aud vaiia one.
Bliss said if the doctrins advanced 5y the
defense saoaid ee Seee pied by the courts and
country is would only be Bartssa for q pub
nc officer to resign 10 escape absolutely from
al liability soe criminal acts done white In
oflice, for be eUnb I OF To iupeat he'd Gfer he
had re 'iga d, Snd euUld nos 10 tired Ivy the
COURTS, because the sets We're Gsne while an
executive Ctftcsr, aud, as tbs def-Rse claims,
IN tho exercise OF 4 discretion which was his
bF law; ''.oi i7lst hsre want to rem trir,"
said Bliss, with some excitement, ~ want to
tell the defeeSe that no anount ~ abu g that
nay be heaped upon 6be geRih men who are
conducting lhIs prosecution wilf deter them
from the discharge OF their duty" In expla-
nation OF this remark, he further stated that
r. newspi Ger writer upon paper owned and
sontrol ed BY Gen Brady had publicly as
serted las night that he had received iastruc-
lions from Brady to abQse every MAJ CON
9ected with the prose ut,on, and hat he
should write IA article for 10 mo rows Conf
al, in accordance with Theses / Seructions,
aud that the writer said Bliss "is IN uure-
formed inmate OF nearly every ine5riste asy-
lam in tie country
q sharp c0iloq'iy cnsu betw zen Bliss and
Wilson rs 20 which side WAS responsible for
beginning neTspaper abuse and prison tlities,
but was adopted by Judge Wyiie, who re-
marked, ''tientIcmen, this thing has gOne far
enough. This 10 not the place for arguments
lf that chGracier.''
Bliss Concluded his argument with the as
Surauce 81 the defense, III - II upon preseata-
zion of evidence Tor Tho prosecution it. shoRld
seem In him Insufficient, be (Bliss) would
eaost chtesfuHy move 10 dismiss, with add
kiOnal satisfaction arising from the fact that
he had her, tofore erjnyed with one of the de-
;endants social relations OF the pseasantest
character
Judge Shs.Iabarger then began the closing
Argument for the defense. He urged the in
iufficirncy OF the Indictment under section
$40, iuaunueh ss it dld not set forth crime
defined by the section, and one Tor which pun
,shmeut was defined. This, Shelas,rger, is
one of toe oldess and most inexcussble inya-
siOns by court of the power OF the executive
Whether or not this Is 6 crime depends on
whether or not it was good thing to expedite
sAailS. Yoa are going to have the court and
jury try question which the eours hava SAID
it is impossible for the ourts 10 touch. An
executive officer Is responsible 20 the
highest AMI most searful ordeal
the ordeal of Impeachment That is q pro-
ceedure which she law has prescribed as against
Brady and his superior officer, il they did not
follow according 10 their Judgment what they
Thought proper and jnst in the light of the
public welfsee. Il is impossible to predicate
sraud on the allegations of the indictment,
where the discretion Of an executive officer
IS IN question, no court can by civil action, by
taandamus, by injunction, by grand and
traverse juries, o, by any other way invade
ths iunca"ns OF the senate in trying this high
oaenSe for the corrupt abuse OF ms dlecret;on
The senate ia where the eonstjtution sas
placed the remedy. Let ii stand there. II il
act judicial deeenoy to try this man here II
Is consigned 10 another tribunal. II beJonrs
10 the senate, and let it stay there.
Judge Wylie said he would consider the
arguments, and decide on them hereafter.
giving counsel two or three days. notice OF the
lime he would render his decision. Adjourned.