The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-11-15
u. -. Circuit Court.
BEFORE JUDGE FOX.

bErOhE JUDGE FOX,
WEDNEsDAY-Unted States by Indictment vs. Geo.
W. Stevens, George W. Kemp, Warren H. Walker,
Charles A. Stevens, Benjamin Written, Taylor S.
Dodge, Henry G. Mills and Edward Merrill.
The United States Attorney, Hon. Nathan Webb,
began his argument at ten oclock.this morning and
concluded at p. m. The case for the government
was presented with great skill and power,i and gave
opportunity-which many citizens awaited themselves
of-for listening to genuine oratory. AS on yester-
day many ladies were in attendance to-day
The opening part Of the district attorneys argu-
ment was devoted to a REPUTATION OF the charge
brought by the counsel for the defence that the pros
ecutI was instituted, not by the government, but
by the Boston & Maine Railroad. Such was the per
version of facts The officers of the road came here
at the summons OF the government. They did what
was their bounden duty to do citizens of the Re-
public.
worthy OF honorable men. They sought by this
charge to COM cal the real point at issue, and appeal
to the preiuGices of the jury Mr.. Webb then pro-
ceeded to quote largely from Greeuleaf on Evidence
as REPUTATION of the argument OF the defer ce that
there can be no conspiracy unless the defendants
gnated it.. He showed from the citations read that
If any parties enter into conspiracy after it origi-
mated, they were also conspirators.
The citations quoted by the counsel the other
side stripped Of all disguise, simply meant that
every man is presumed to be innocent until he is
proved guilty, and that the burden Of proof is
the government. He made an eloquent and canud
appeal tothe jury to assert the supremacy OF the
law, the foundation of which is justice Unless the
respondents ave pfoved to be guilty beyond Iea-
sonable doubt. they should be released The gov
eminent sought nothing else. He continued:
All want is to have this case tried in the cruci-
BILE of justice Nothing but the pure gold should
cone forth. conspiracy is not sudden eansion,
it of slow and gradual growth. 1t is impossible for
the government to enter into the secret chambers
the consprators, ana their learn their motives Such
PROPOSE ion is contrary to common sense lit is per-
version OF law. We must judge of the motives of
persons by their acts. Were the acts which were
done to effect the purpose charged in the indictment
of oil eI1 41,a4tl
mails were obstructed and retarded. No Jury on
this panel can doubt it. The acts are the index Of
the motives. 1t is not even necessary for the gov
eminent to make out case, that the conspiraiors
were successful But the evidence conclusvely shows
that the mails were INSTRUCTED. The Supreme Court
of the United States within only a month declared
that the motives can be known by the acts. The key
to this case is that the engneers through all of the
negotiations, intended to get back to the employ Of
the railroad. The Brotherhood OF Engineers hurled
defiance at the railroad and boosted that they woud
bring 1t to its knees. This the very essence OF
the strike There is distinct evidence in the docu-
ments presented by the respondents to the pres dent
ofthe road, that conspiracy formed. Why did
not the defence summon some of the Brotherhood
here to testify? They dare not. They well knew
that the more light poured upon this subject the
palmer would be the evidence of the conspiracy
Throughout the strike these men did all in theil
power TO reard the progress of the road except tt
resort to force.
The last part of Mr.. Webb's argument was devot-
ed to critical aDalys sis of testimony produced during
the trial. From it he claimed to have proved con-
cusiyey that the engineers did conspire to obstuct
inc United States mails. and that it was part o.
thelr plan IN order to bring the railroad to theil
terms.
Judge Fox occupied about an hour in charging thu
jury, which he did in his own direct and masterl,
way, AFTER which the jury retired. At half past min
they announced that they had agreed upon yer
dict. 1t was sealed up and will be presented il
Court this morning
Hon. Nathan Webb for u S.
Col. c. P. Mattocks for
Taylor S. Dodge and Henry G. Mills
A. A. Strout, Esq., and W. A. Hayes
for the other defendants