New-York tribune., 1882-04-11

receiving consideration in order. After reading the
he decided that the Court certainly hal jurisdiction
in the premises As TO the claim that the cohspilac5
had not been established by the indictment, ne sara
not the defendants had by their Joint action endeaV
ored TO obtain did obtain money or Its equivacnt
from the Government ny Illegal mG,hoosc o ave his
definition of the meaning of a conspiracy, ana re.
viewed carefully the portions of the indictment
containing these allegations. and said that III ms
opinion the evidence presented therein was strong
enough to warrant the prosecution OF these defend
ants and he therefore decided that the indictments
were good and sufficient i'll all particulars
He then took up what are known as the straw
bond cases which were sent TO this Conrt from the
Police Court, and in which cases motions 10 quasn
had also been made the principal points made being
that there was not sufficient evidence 70 usuiy tne
charge of conspiracy, and that all OF the proceed
ngs of the defendants were strictly iegai, even II
the facts charged in the indictments We're estab,
lished The statute prohibiting the presentation oI
false bonds or forged petitions or letters ntenoeu 70
defrand the United States Judge Wylie SAID would
cover these cases and i'll the indictments there
were several charges OF such overt acts on inc part
of the defendants and therefore 'Ie ncns;nn
were sufficient in these cases also. In cohcluslon
Judge Wylie said that he ha1 not gi|eh ,severai
MINOR points the same consideration III tne uecsloh
as the above points, because he thought they were
already disposed of by Acts OF congress WHICH ap-
District Attorney Corkhll asked if the same de-
cision would not dispose of the motion 10 quash
in the Soteldo murder case. to which Inquiry Judge
Wyhe responded Ill the affirmative.
c;sion among the prosecuting officers and counsei
for the defence as the tine TO be set for the tlal
of thc Star Route cases. The prosecution asked TO
have the indictments reau anu 'no uoionu'"" "f
pear and plead thereto. =, ~, ~,
MIR Totten Of counsel for defence, sald tney
would be ready i'll an hour or two to pie;.d Dut Iey
did visa TO listen to the reading oi 'ns ,s
not in the city, he supposed that MS
recognizance rUs could be declared forfeited
and nc could afterwards appear ana pay Ino
| ha HA
tion In answer TO Mr. Chandler OF counsei lol M uo
fence Judge Wylie SAID he did MOI belieVe ~ hccGs
sary to have the Indictment read Il oo'i ''"''
agreed. NJ, norr;oi,
After some discussion among counsel Mr, MeIfick i
submitted proposition To set the first week Ill May
for the trial of these cases and asked the opon Vi
the defence on the proposition. .,..,
Colonel Ingesoll ratner brusquely SAID VIII
let the CourI fix the date l want no favors rom
Mr. Merrck-Then l shall ask to have the recog-
niZances forfeited. :.
Colonel lngersoll-Go ahead and suit yourself.
The Court-Ihey have the right to make the
Mr. Merrick-And make it.
The recognzance of Stephen w. Dorsey was then
declared forfeited by the Court. A long wrangle
again ensued among counsel which the court iinaiy
ended by stating that the indictments must be read
at 3 o'clock to-day, and such OF the defendants
as could be got together must plead.
Colonel IOtten at tins point formally noted an
objection to the decision of the Court on the motions
to quash. Upon the request of MIR. Merrck,
bench-warrant was ordered TO issue for the arrest
OF Stephen w. Dorsey, The remainder of the de-
PENDANTS then called upon to enter an appear
ance, which was responded to in most cases, and
the cases were adjourned until o'clock this
afternoon.
At that hour the Court reassembej, and the
Clerk began reading the Indictment against General
Brady, William II. Turner, NJ. c. Rerdeil and John
n Miner. At the conclusion of the reading they
were called on to plead, when Colonel Totten, coun-
sci for the defendants, stated that in the case
of Brady and Turner he had certain
pleas of abatement to file These pleas to the
effect that pending the time the Grand Jury was
finding the indictment, certain persons other than
the Dstrict-Attorney and his assistants had free
access to the Grand jury room and made speeches
before the iury and also laid before them pamphlets
and other ex-parte evidence. Colonel Totten as
serted that this was exercising undue influence
upon the Grand Jury, and said that
he put in this plea instead Of pleading to the in
dictment. After some discussion of the question,
the court at D. m.. remarked that. as the defend
ants were under gnlnent, he could not adjourn
the court; but, taking into consideration the late
of the hour, he would direct recess until 70
morrow at a. H., when it is expected lie will rule
upon the question at issue.