Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-31
THE STAR ROUTE CASES.
Proceedings in the Criminal Court To-
Day.


than the usual one present, drawn together in the
expectation OF hearing the arguments In the star
route cases against Brady, Dorsey and others, in
which On Saturday last motions to Quash the in
dctmentS were filed. The court did not meet till
II O'Clock, but shortly after 10 the room began to
NIL up. the jurybox being occupied by members Of
the bar, some of the members OF the last grand
jury and friends of the indicted parties Through
the room were seated OF the indicted parties,
both in the star route and the straw bond cases.
one OF the earliest on the scene was Mr. Brady.
Messrs. Wilson,, Totten, Shellabarger. Robert In
gersoll, Jeff. Chandler, Judge Carpenter A. b.
Williams, A. K Browne, Hon. Casey Young and
Judge Cuppy, OF the counsel, were also early in
court. MesSrS. w. A. Cook and A. NJ. Gibson, who
until recently were in the cases, were present as
spectators; as also Hon. II. G. Worthington, Col.
Inos; =; Gardiner and others District Attorney
Corkhfn and Messrs Bliss, Merrick and Ker sat at
the prosecution table
Mr.. W. A. COOKS FORMAL RETIREMENT FROM THE
CASE.
Mr.. W. A. Cook rising said that before the busi-
ness OF the day was begun, he wanted to call at
teEtion to the fact that when he was appointed
special attorney in the star route cases the
matter was entered on the records Of the court
~ now desire" he said, "to file with the court my
letter of resignation, and the answer OF the At
totney General, and to request your honor's per-
mission to retire from the case"
You have the permission OF the court" said
Mr.. Cook then handed an envelope containing
the letters in question to the clerk and retired to
q Dtck seat.
PRELIMINARY sKIRMIsHING.
After some minor business before the court had
been disposed of. Judge Wylie turning to the de-
fendants counsel in the star route cases said
"Now. gentlemen, we are ready to proceed"
Mr.. 1ngersoll, rising, had got so far as, "May 1t
please the court" !" when Judge Wylie asked how
many OF the counsel would speak. After some
consultation Mr.. Shellabarger said the defense
would place themselves under the direction OF the
court, only desiring time fer fair presentation OF
the questions at issue. SO far as Gen. Brady is
concerned there would be two arguments in his
case.
Judge Wylie said the same question wasinvolved
Mr.. Ingerson said that his understanding was
that there were two points to argue and the first
which he wished to argue this morning was as TO
grand jury. The next to be argued was the de-
murrer.
Judge wylie said he would hear both questions
Mr.. Bliss said he desired to have all the questions
argued to-day. The government would like TO have
proiong the argument they would get along with tl
less than that. They were anxious to get along.
MI. Totten said the questions In the cases OF the
cases OF Brady and Turner there were questions
arising out OF the fact that they were public OFF,
GERS The court, by requiring Gen. Brady to give
bonds twice as heavy as anyone else, had taken
notice OF the fact that he stood in different light
from the other defendants.
Judge Wylie said he would insist on arguing all
the questions at once, az the defendants were all
accused under one Indictment
Mr: Totten said that practically there were but
case. having been indicted under wreng names
"Who do you say are out? ?" asked MIR. Bliss
"Mell, the dead man is out at all events" said
Mr. Totten.
Ga INGRRSOLL CLAIMS THE RIGHT TO READ THE
INDICTMENT.
After some discussion as to division OF time, Mr..
IngersOll remarked that it would take three hours
to read the Indictment
hoHyo tho fnA{o
court.
sWell," said Mr. Ingersoli, 81 have right to
refer to the Indictment and read such parts of it
as choose In my argument"
"You have not Hight to read the whole indict-
ment," said Judge Wylie.
oil can In the time given me- II the court thinks
that haven't right to read the Indictment
have no more to say in the case"
the argument very much by allowing hours on
each side ana then Mr. Ingersoll could take up his
Judge WyIie said he did not want to restrict
counsel unnecessarily, but finally determined to
allow each side hours
Mr. Merl1ck suggested that both a motion to
quaSh and demurrer, should be formally filed, SO
that the court could rule inteliigently upon each
Mr. lngerson said he wanted 1t understood that
he had no demurrer on file. II the motion TO
Quash was decided against the defence then 1t
would be time to file a demurrer.
by Mr. Ingersoll that would be afpued On mo-
tion to quash was that concerning the old Mary
land law under which it was proposed to impeach
the validity OF the Indictment
Mr. Totten argued that the defence had right
to discuss any objection to the Indictment.
the court said he would hear arguments both , on
the Maryland law and On the face OF the indict-
ment.
Mr Totten said the defence needed more than
three hours. So long as the cOnglomerated state
ment OF facts stood unexplained and undgeSted
the prosecution St t might appear to have good
d1ctment 1t would appear that there was no crime
charged against Brady. This was the first time
to have an inquiry made into the exercise of his
discretionary power. Mr.. TOtten said they would
need five hours at least
were to be re-argued on demurrer, the argument
should be limited, Mr. Totten said the counsel for
defendants were not here to fool away the time OF
the court; they were here to aic the court.
II am much obliged to you," said Judge Wyiie.
The arguments We're then commenced on the
understanding that the counsel for defence were
to have five hours.
Mr. InRersOIl's Argument.
Mr.. Ingersoll was the first to speak. He began
with the point charging iTegular1ty in the indict-
ment on account Of there being no formal pre-
sentiment; that the grand jury did not ind the in
dictment Of their own knowledge: were not bound
over for this court, &c.
yM MARYLAND LAW OF Ire.
He proceeded to argue that the Maryland law Of
17ze, providing the manner In which indictments
Should be found, was st1n In force Under this law
he held that every man, before he Is indicted must
be bound over TO the court or the Indictment must
be found BY order OF the court It was not claimed
In this case that there wAs any order Of the court
Or that any preSentment q tho case q that the
district Gttorney had any legal authority @ ex-
hibit q bill. Nor was it claimed that the RraAd
Jury found the Indictment OF their own knewledge
1t could not be claimed that the Attorney 0e0eral
or district attorney derived any power anthOrfty
In the matter Of indictments, except froQ tAfs
court M Ingee5oli cited the cases of u. g. va
Madden, list Cxanch. 8; q. q n Dolany, lst
Cranch, $40, and q. 6. vS Tompklns, I'd CraacA. g
Judge WyNe said that IN this latter ca0e the re-
port was given In three Of four lines
Mr.. Inge1Soll said that there was hlstaG1 Ct the
case outside OF the record.
M Ccrkhill said tho case was given u q repset
% Congress-
nr Wtisca said II aspeared n a history q 10
nE Iagessou damned that tAe parties vere e.
rested.
Mr. xesuck sa,an such wss ne case she Judge
would havo said g.
aMow % yoa know what tAe 1adge wesid have
saidf" asked Mr. lagefSen
II thin. !" said n. Hessiek, 'smy presumptton is
better tha1 voor 0f0rns0oa that ehey were aE.
rested.o
aTnat d net n 90 eecud," !" said NJ. Inserssll:
sand they were net arrested and NIT coaaln1t&ed
have No marc b say upon this deciaea."
Mr. lngerS0u cited also United states VI HOyd.
4th Cfa1ch, "a. Ar. IngeS80N was about . argue
that the provisions ct tho Maryland act had been
violated, when Judge Wyafe suggested Gaat he did