National Republican., 1881-11-07

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offered TO use his Influence to procure said
service for $4,000 huff payable when the or
der should be made by Brady, and the balance out
Of the compensation 10 be paid 10 MoDonough for
tho ilrst quarter. And here arises another alb
surdity. If McDonough aud Brady had already
conspired, why was II necessary for McDonough TO
pny $4,000 to Brown, who had not conspired7
why pay $4,000 TO another man for the purpose {
INDUCING BRADY,
who had already conspircd, to carry ont the CON
might be expressed In WashingionJ to conspire
with Brady, presume that every one who hears me
been much better Tor him 10 have paid the si2,O0O
directly to Bmdy. That is my idea. If
he had conspired with him, of course
there was only one object IN view-money; ouly
one end 10 be nttained-robbery; and If he had
already conspircd with Brady why not give Brady
iS me s2IC1 @ % Instead Of Brown And u this should
evidence in any court on earth that Brady had not,
ut that time, conspircd.
If HAD corsPIRED
with court 10 give me n certain Judgment out OF
which was TO realize n certain sum of money Is
II reasonable TO suppose that would 90 aud give
some lawyer $1,000 or Si2,O00 IN use his influence
with that court ior that purpnse2 No; IL is not IN
accordance with the transactions of mankind, and
II Is absolutely untrue The only way you can tell
whether thing Is true or mot is by asking Is IL in
cordance with 6nrnnn cxperienceq The only way
to detect lie Is TO find out that 1t has no natural
relatives; that 1t was not born of the circum-
1T WAS NOT PRODUCED
by the surroundings And when charge Of this
Kind Is made, knowing, us do. thut II is contrary
10 human nature, feel quite satisfied that IL Is
absolutely untrue.
Thrd-That the offer nni proposition were nc
cepted by McDonough also that on the 2ith Of Sep
represented to lInds who was acting for McDon.
%sd rdy ta nnd ne owG had spse , S W
he Brown, could nduce lrndy 10 increase the service,
expedition, nnd compensation 20 McDonough for car
of 10000 he would
NAVE THE INCREASE MADE
by Brady, 5000 TO be paid by McDOnoush when the
order ahoud be made. and the balance TO be paid
out Of the money 70 be received tho first and
second quarters ray.
As to that allegation have precisely the same
remarks TO make that made about the preceding
one.
YORK 10 consult Win WITH Brady 0 in CITY relation NeS 70
and nrrungc for the Increase aud that ON the list day
q o};toSer ia ParsnaGce Of The eonsplraey Gr3w
TO be filed In the Office Of the Second Assistant Post.
expedition on said route the letters and papers being
DESIGNED TO corrupy and improperly aid In the pro-
curement OF the said Increase
WHAT LETTERS AND PApERs7
Is TO be lcft entirely to this pleederH Is he to
usurp the function of this court2 IL II for him to
say whether these letters md papers were i'm
proper? No. IL Is for him to bring forward these
letters and papers, this court has the right TO exam
inc thcm and IL is for tho court to decide whether
they were proper or improper But what were
those letters and papers? The information does
not disclose, but an affidavit on file, asking
contents They wers ' ne,itions ''fro from i cid.
zcns of tho United States, living along the
routes, asking for increase Of service and expedi-
iul men; by Governors of Territories; by judges
OF courts; by delegates In Congress: by members
of Congress- by officers OF tho army Of the United
Sntcs-nOt simply u few, but hundreds And yet
this plendcr says that they were designed coruply
70 Influence tho action of che Second Assistant
Postmastcr-General.
~ THE SECOND ASSISTANT
had already entered into this conspiracy, why did
he need corrupting papers? The truth Is, every
route in new country IL obtainedby competition.
tains. People think they have found q great
treasure there, nnd they nock to the place In
crowds, and in few days where before was sim
ply a wilderness there Is II town. They ask TO
have the mails sent To them. They want to hear
from their wives aud children, and friends. Petit
tons are signed. Tho matter is brought 10
the attention of the Postmaster General, or the
Second Assistant Postmaster General, und the
routes are established. There Is no other way.
Nearly every star route In the West has been OBJ
tained through the petitions of the people living
along 1t. They say that this action was improper
THAT 1T WAS CORRUPT.
Are they not bound then to set forth In what par
ticular II was improDcr-it was corrupt2 Are they
to be the judgesY Have VIC come TO ihis--that the
Attorney General decides what Is or what is not
proper2 Have we an officer above the court2 one
who docs not have to- ask even the leave of the
judiciary TO file an information, as am Informed
rs the practice III the state OF New York;
Mr.. Totten-And without oath.
Mr.. Ingcrsoll-Yes; without OATH will come
to that after awhile. Is 1t for this pleader to de-
eide these questions2 Would It not have a bear
ingY Would It not affect Your Honors mind TO
know tho petitions that were sent to the Second
Assistant Postmaster GeneralH Would 1t not
whether the Second Assistant acted corruptly
or honestly II you saw petitions
signed by the best in the land by men of the
very highest reputation, would 1t not have some
influence on your mind in leading you to deter.
mination us TO whether the Second Assistant Post
outraged his conscience, acted from corrupt and
infamous motives, or not? know that II
%Sad sS me %oaa nct oyeTy YOU'D aa
Consequently ifthcy assert that these papers wero
corrupt IN their inception they must show how;
they must either show that the persons purport!ng
to have signed these petitions did not sign them,
or else they must show that somebody went TO
these persons and by fi,lsehood and misrepresen-
tation obtained their signatures. 1t will not do to
taincd The time is passed-though may say it
never was in this country-when the
pleader could usurp the place of tue court;
when the pleader could oust the jury; and
win say that the time never will come in a case
like this when the plcader can oust the grand
jury. That is the body which must pass upon such
casc ,s this. This right Of petition is about MS
old rs free government THAT on the LIST day of
October, 1878. brown placed himself in cOmmuni-
cation with Brady; had an interview and con-
snlation with him with reference TO the increase
of service and expedition Had an interview
consulted with him
IN WHAT CAPAcITY2
As the attorney of McDonough or as co consplra-
tori what capacity ANY lawyer at this bar Is liza
in case like that-any one. Any lawyer, l say, Is
liable TO be employed to go before the Secnnd AS
him, and urge upon him reasons why the mail
facilities asked i3r should bo granted. Can a
onr m Ps i s liable 10 Ss s ana %
prisoned for II? Brown, 1t appears had an inter-
view with Brady, Did he tell him any fhlsehoOds2
Did he impose upon this piratOr? Did
he rifle with the official integrity afler he had
agreed TO help him TO swinde? What did he do
in this interview What did he do in this consul
tation2
And that Brown requested an Increase OF fseryice
Well, is that wrong? Is that u crima2
And obtained an increase OF compcT n.ion OF not
less tha S4GS on an Srohse OF sery1f on four TO
hundred and htty hours 10 ninety hours and that Tho
necessary.
And then comes the general charge that they all
knew that II was not necessary
HERE ARISES ANOTHER QUESTION.
client eonlsetpr 10 The Second Assistant p Pos s
master General. The client gives the lawyer the
facts OF the case, and the lawyer makes the argu-
ment. Now lot us admit that when the lawyer
has finished that argument he has really satisfied
himself that the increase ought not to be made,
will admit that the lawyer after looking at ali
the facts and making the best argument lie can,
really concludes that the increase ought not tu be
made. Now, what y his duty under such circun
that. [Laughterl What would every lawyer
do In such a case2 Suppose l am en-.
bar. / have no right as lawyer
to usurp the high functions Of the court
aud Of the Jury and say, " The man isguity Twin
always left open. [Laughter.l II undertake 10
defend man, in Justice to myself, in order 10 be
true to myselfa and 70 my profession, 1 must de-
iend him TO the best of my ability, and leave the
responsibility where tho law leaves II, with the
jury and the court. Suppose am defending man
aud come 10 the conclusion that he Is guilty
What Is my duty? will ask an easier question
What will every lawyer do in such n caSe2 win
I,, nA ia that tury \ h,, "A