The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-04-01
STAR ROUTE FRAUDS.
The Arguments on the Motion 10 Quash
the Indictment,


WASHINGTON, March 3l.-Colonel Inger.
soil this morning began his argument for
the defendants in the Star Route cases on
the motion 10 quash tho indictment. The
motion, lie said, was for the reason that
the Indictment was not found in accord.
ance with the law, and holding that the
statute Of Maryland OF 1772, is still in force
in District Of Columbia. Under this
statute, Colonel Ingersoll held that the
grand jury must either find an Indictment
Ot their own knowledge, or after the pre-.
sentiment by orderof the Court. In this
case he claimed the grand jury had no jur.
isdiction. Judge Wylie said the whole
thing hinges OH the question MS to whether
the law OF l772 is still in force inthe District
oi Columbia, and il II is, then the motion
to quash must be sustained. Colonel In.
gerSoll then continued bis argument to
show that the law spoken Of Is still in force
here.
Col. Ingersoll concluded his argument
after speaking an hour and three.quarters.
He was followed by Mr.. Chandler, who
began by assuming that the Government
had attempted to frame their indictments
so as to set forth the crime either under
common law or under statute law.
Col. Bliss Cintcrrupttngl-Will you in
form us for whom you appear, and to
what motion you are speaking2
Col ingersoll-Hear him and then
credit 1t to whichever you please. Laugh
teri
With quiet response Chandler said
"He spoke to Brady's notion"
Chandler resumed his argument and in.
sisted that no crime or otIense had been
set up under tbs common law, and that the
common law had not taken Cognizance Of
our postal service, or in any way defined the
crime set up, and denied the right Of the
prosecution to ask the court sitting with
common law jurisdiction 10 pass upon a
crime or otiense which had never been de-
fined ut common law discussion.
The Indictment, Chandler said, was
for supposed injury 10 the United States,
resides in the fact that this alleged expe-
dition ronie was unnecessary, and the
expedition unless it can be predicased
upon the showing that it was not needed
for the public good, and the defense as
serted that it does not lie in this court to
determine or pass upou that question. By
law the discretion was placed with the
Postmaster General, and when he had de-
cided TINT the expedition was necessary
this court could not 60 behind
that decision. The subject matter
was not within the jurisdiction Of this
court. Gen. Brady's acts we're those OF an
executive functionlry. Congress had the ex.
elusive right to legisiate touching the postal
laws, and If Congress should decide upon
certain post route what right had any court
to pronounce upon that act and declare the
route unnecessary.
Mr.. Chandler urged that the vitupura.
ton and multiplication OF words were not
sufficient to constitute an offense which is
not defined by law, and characterized this
Indictment as one solely Of adjectives. I'll
seemed absurd that the Court could hold,
Or the jury influenced into believing that
an otIense had been committed when the
highest law making power in the country
the Congress-had passed upon each
and every one OF these contracts, and had
appropriated money TO pay them.
At the conclusion OF Mr.. Chundler's mr.
gument the Court adjourned until To-
morrow.
Judge shalleuberger, for the defense,
will be heard tomorrow. I