New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-30
THE STAR ROUTE CASES.

TIE DEFENDANTS ORDERED TO PLEAD-THE
TRIAL SET FOR THURSDAY.
WAsuryGroN, May 29.-In the Star Route
cases today after arguments by Mcssrs Wilson, rotten
and Chandler for the defence and by MT h'r TOT no
pros,cution judge wyc delivered hs decision on the
,otion IN ouash the indictment in Turner's ease. The
Curt said the Indictment seemed to be very explicit
II detailed HE duties Of the officers Of the Post once
DEPARTMENT Twenty-Five contracts were sp cincd I'D II
nc farming basis for action against the defcndants II
charged that Second Assistant PostinaserEchfra
tb chief Clerk Turner and tho contractors had cntNed
into a conspiracy to defraud the Government ~
was conspiracy OF the most aggrfVated
description The date alleged was May p, l7'o' Inc
ueans-thc false papcrs-were alleged the oiJeot-to
obtain money illegally from the Treasury-waS eet
forth The present law required the conspiracy TO DC
accompanied by the commission OF overt acts' lhero
were thirty six such acts sot forth IN the indct
ment After n critical test, only or two had been
found insufciently defined He did not know that the
/ Government would ever he able to make out n con
spr ,cy but he was bound by the facts presented lie
took f. that every word in the ndlcm mt vas true. e
could not from his knowledge say The amounts pAid
were not excessive but bound TO accept the aver
ment contained in the indictment to that effect As far
as the forged papers concerned IN DIS
| oninon any paper calculated to impose upon
and Influence improperly the POstmaster-Generai was
Illegal The defence said they had right to know under
what statute they were being proceeded against
"Thev have that right" said Judge Wylie and he
read section $40 Revised Statutes. There are sew
oral other statutes that would Apply ANY ono u '
would answer" said he.
Turner uerhaps did not make "a conspicuous figure
"a some others in the conspiracy but in his position ne
wa necessity to the Of the conspiracy ms
fact and the additional that no overt acts had been
ALLEGED against him. had been made the basis Of hi'
counsr- argument But he may have been az guilty NJ
anv in the conspiracy, and for the present he would
hold that Turner had been amply connected with the
conspiracy. Although not present at all one nay DE
bound 10y the acts Of fcOw-couspirator where the CON
epiracy is concerned.
"God knows" said Judge Wylie. cit would be hor-
rihe state Of society II q criminal could escape when
brought before n Court by denonncing the law In q
recent case decided in this court, where gang OF crim
nal, mad entered and robbed clubhouse one member
who was present had been di'charged but then IL
was because it not evident that he had known o. or
been priyy to this crime @" have never known an in
noccut man to convicted" said the Judge. have
seen many gnilty escape" so far "a Turner was
concerned ne therefore oyerrucd the motion to qulsh.
Mr. wilson noted IN exception the ruling. Nj Bliss
said perhaps best dispose of those motions
which applied to matter il the face OF the Indictment
and therefore, me sgescd That General Bray motion
next considered The Court asked TO Oe informed n TO
the contents OF the notion and Mr.. wilson explained It,
saving that the only new matter beyond that already
dl-po of by the decision I'm Turner's case had been also
decided IN the trial The first Indictment lie referred
To the misconduct of ;he Grand jury. lie had however
made special objection the Instructions given by the
| The our sad tnat be certainly should not abandon
his decision AMI be ad decd I'll INA. he niI tne
power 70 instruct tine Grand jury before giving such adj
rr TO- ibe mi-co1dIc7 Of tnc Grand Jury upon infor
NATION and belief. Judge yhe head that this was not
Counsel then asked or the appointment of commits
sion 10 examine INTO the charges of misconduct OF the
Grand Jury, but the Court denied TINS aud an other
motions In Budys ease, adding that Il was useless 10
read such affidavit Exceptions were taken ~ al OF
Mr. COLE presented similar affidavit sworn to by Rer
de- and the la er stAed t1at ne absolutely knew OF
alleged nj conduct OF the jury II was real Juuse
Nyuc manifested lr create dlSt.lo rs tuc Ca 'iS
proceeded, and interrupted Mr. Coz; to say tnat 10 ms
own knowledge wholly untrue " II that paper Is
filed, give tou WaIhh: "ul utct 'l'' h'4"0i ~ W
prosecuted for ri n.y. san the Court - . ,os
SIR. Cole cndeyored to explain that II was periaps
his au uasmucn ~ ne ore" up tlr ahGtFlt anu h3r
cell uad ~ ned il in hurry feihas he tnodfnt ne
Cole But paper had already Occn lied, ana the Onrt
refused allow ITS withdrawal, leaving tue defendants
Inc CONT iheu asScd if there, any further
moons Because" SAID he, if there are, oyerrule
Sir wilson endeayored to file plea in abatement,
ba .cd on ne grounds the foregoing NOTIONS
ALLEGED misconduct Grand Jury-olt the Court
declined receive 1t. and again exceptions were
Judge wyie then explained his reasons for refusing to
allow investigation Of the Grand Jury proce'uhE.
saying that II would be prcuT state cI affairs To Try
the Grand jury, and bring the Jrrymen aS witnesses
dr. its- sail there was some matter in Rerdelrs
motion which snOuld bc called to TIC att mon oI the
a..
r, mrt on MAY :, The Court was not IA session
The Court sad this true bur the present meat
was made ON and there was nUtHg In the
lnuic .ncnt TO SNOW that II had Oceh coh'!eIeu upon
| tHlt day.
Mr. Ncriick asked that the defendants be called upon
to plead Com. ordered thcn TO stand up Ia
noy aUd plead. Pleas OT not gully were tnou cnefcd
b, ali of the dclcnd1uls several other mOuons we're
| mad. the 4Ccucc and ONcuu.cd b. the Court Win
u allowing Them 10 be- Ic3u. MI wilson tucn renewed
! has .lLcs tlat the prosecution INFORM them uuuer
whIci indie .mrnt Lury were 10 Dc prucrtucu against
! Mr. McrrIcA uccIucl 10 60 tuls, ANA Mi. NilsOu ap
ft Inc
luuic iru Dccse Uy tncr own statement IL appeared
!
the y osccuiou ectcd 10 this, sal ing there mig
b turner tuctio- placed ia the why o. trldl and
lie tOurI wuuld the defendants were not i"co
tried for the same Ihc Court said tine dcchd
ami. we're IA no Jeopardy from nrst III Ictnent tley
PROCEEDED with tn.s. Ate. the IRA Lad begun me
stIc,s under .hc frst indictment might be released
IN answer a reverence by Mr.. Ntun Whlle illS an
itcrIcls bcldlG 10 Inc li,IclS ic~cI
comics uu Court r,d e confession ul one cOnSpld
ma lie any durng tue progress OF the cOnsi
/ ra,y would, However, guOi evidence. II Was
hA Is that would bG long. tculOus and rArn
syc Judge yIir thUugh ana it wOuI require close
tr 10 prevent tn Jdai>s OF unaccrssal evidence
There Other ai. Wnch ShOud be- trcd O,iJre
This, and lac WOu tneIcIOie, take up Ihs lla Oh 1hIs
! DAY.
| PHILADELPHIA, May 29-COnsc for all the defend
ANS ia mail cases were IN court today
staied his Ut IN Cne ddlcJ trial N New
Haven wuud y O.uDy occupy t.ree weeks. The
cases were Theodore set for u.al on september ~