National Republican., 1881-11-07
stand what he did is to actually know the oircum-
stances under which he did A.

that he had no right IN do this no-thatis IT, to in
crease the pay" unless by reason Of such increase
| orsNpelltlon the employment OF additional stock
aud carriers was made necessary, aud that in case
such employment Of additional stock and carriers
| was made necessary the said Thomas J.. Brady
| had no lawful right 10 order MS additional COM
| ponsation sum which should bear a greater pro-
| portion TO the additional stock and carriers ein-
| ployed by reason of such increase than the COM
| nensaton provided for In said original contract"
| Goodl
| BUT THERE rs NO STATEMENT
in this first count rs to the number Of persons
| NJ TO the number Of horses employed under the
original contract; there is no statement in this
| count MS to the number Of persons or the number
| OF horses to be employed under the expedited con-
| tract How, then. Is this Court To knOw2 Thelaw
| does not fix the number OF persons or OF horses
troc, WHARF a ] , M w hrSo tn"s uI wcri
anl NJ certain rate. That Ias To be fixed by ac
tual experiment, and when that contractor asks to
have his route expedited 1t Is for him to make an
afidayit-frst, as to the amount Of stock hen used
| and the number OF persons then employed, and
also as TO tie number of men aud horses llat
| VIII be required under the expedited contract
ana the law provides. as understand IL, that the
Increase ofpay shall be no greater in proportion
| we know that that requirement was vontcdg
| How do we know that that proportion was disrc-
| gardedP TIE pleader must set forth--hrst, the
| numbers employed under the original contract,
aud, secondly, the numbers that would be sufficient
| under the expedited contract That is what he
has to set forth, because he has right suply TO
say that the due proportion was violated. Alde
| was the
| ExPEDTTISa OF THIS CONTRACT,
| and the same charge is made in relation TO that.
| Aud now comes the charge TINT, "in doing aud
causing TO be done all of said nct' the said Brady,
| for the purpose OF procuring them to be carried
out by the officers aud clerks OF the Post onlce De-
| pertmcnt and the other executive Departments.
falsely and corruptly assumed, represented and
| master General had authorized" them. Who were
| these 'officers and cerksY' Mr.. French was one
| and Mr.. Turner was another. Brady. according TO
this court, falsely represented TO them that this
| action had been ordered by the POsimaster-Gcn-
eeral Why did he do that? According to this court,
| French and Turner had already conspirod with
Brady. They had already agreed with BRADY and
McDonough and Brown that they. would defraud
| men, that AFTER they had entered into that con-
spiracy II was necessary, in ordort 70 get them to
carry Il ont, to pretend to them. falsely, that Mr.
Key was In II tool VIII that do7 They arc charged
| with having cOnspired. Ifthey did conspirc why
was It necessary to tell them aflerward that these
| orders had been made by the Postmaster Gonertl2
| That is contradictory-absurd Take II, however,
that II is true; In what condition does II leave
Messrs. Turner and Frcnch7 According TO this
| lirst count
THEY WERE IMPOSED UPON: Eaps
according to this they were made To believe, by the
false and corrupt statements OF Brady that the
Postmaster General had ordered these things done.
In one view II is absurd in the other 1t makes
| them Absolutely nnOcenti This paper proceeds u
charge that on the 18th day of November 1873 the
sail Brady, In further pursuance OF the conspiracy
and further to effect the objects thereof, allowed
McDonough to !subet his contract for the mails
|
| 11th day of March, 1879, Thomas ]. Brady,
| in further pursuance of said conspiracy,
combination, confederation. and agreement,
and further, to effect the object thereof did cause
| and procure the Postmaster General to declare
| and decide that the said McDonough had failed To
Now IS possBe Recoect thas we
| start with Brady, French, Turner. McDonough,
and Brown, all eo.conspin'tor. McD9nongh was
the contractor; Brady, the Second Assistant Post
| master General; Turner and French, officers.
THERE Is NO MENTION OF MR. BROWN
| yet rs to what ho did, but will come to that
shortly; Well, these men enter into conspiracy.
BY that conspiracy McDonough got q contract.
creased. &terward the second Assistant TT Post.
ing contractor, and that we are told, was n
part Of the consplracyl So that according
'ss nj sf bS,nf Sst hDSngng gor.Dpcd S9
with the Second Assistant Postmaster. General TO
have the Second Assistant deprive him of his con-
that2-that he absolutely conspired against him.
sSlfnthat he sonsPired TO get the contract S and
Pa Yet Sa the
statement made In this first count
WHAT Is THE NEXT THnG2
The sureties Of McDonough, Kirk and Gleason
had right under the law / believe, to finish the
suance of this conspiracy. In other words Nc
Donough conspired also against his suretes. It
was not sufficient for him to conspre against him
self, but he conspired also against his surctles.
What is the next thing these people didY In
OF TINS conspiracy, tnD COuSplrhtOrS
caused. and from corrupt and improper motives
procured, the said Postmaster General to decide
and 70 declare that McDonough, Kirk aud Gleason
had failed to perform service
ACCORDING TO THE CONTRACT,
and did cause and procure him to make a con-
tract on behalf of the United States with John'A.
aons sSd roGe No 46o This o eonct %ss SnS
taken away from these parties and given to Mr..
Walsh. Walsh however, is not ,., "consplrator"-
the 9Th day of July, 1879 In pursuance of this con-
spiracy, Mr.. Walsh's contract was increased
July 1879, In contempt and violation of his duty,
Brady. from corrupt and unlawful motives. agreed
with Walsh that there should be nm expedition In
the carrying OF the mails OH this route. Now, did
McDonough conspire TO pay Walsh too great q
compensation? Is i possible that after he had
been thrown out of the contract himself he then
conspired to have Walsh
GET MORE THAN lie WAS ENTITLED TOT
On page IL Brown comes in for the first time since
the beginning of the document and here is what
not being then aud there desirable, proper aud
requisite for the public good and convenience,
r. ee sHS ShS nSy PS on sa and
each of them well knew" There is another al
lus!on to Brown in connection with the eXpedi-
and they the said French, Turner, Brown. and
McDonough, each and all of them, then and there,
NOT DESIRABLE, PROPER,
or requisite for the public good or convenience,
and the said additional compensation was under
the said Brady, and they the said French, Turner,
Brown. and McDonough well knew, n greater pro-
portion TO the additional stock and carriers en-
ployed by reason of such increase or ex-
pediton than the compensation provided
Tor in said original contract with Walsh,
namely, compensation ut the rate OF SlS5OO
per year, Bore 10 the stock and carriers employed
In the execution of such original contract with
Walsh, and that the said Brady was not then and
there verify, and in good faith OF the opinion that
such Increase of service aud expedition was de.
slr'ble, proper, and requisite for the public good
or convenience"
THE NEXT CHARGE IL
that Mr.. French acted rs Assistant Postmaster
General in the absence Of Mr.. Brady, and caused
these arrangements 70 be carried out aud this
Is In this count against Mr.. Brown. There Is not
u solitary act attributed to him-not one He held
no Official position. lie had u not IN his power
was not In his power To declare any one fail
Ing contractor. II was not In his power to fix the
rale of compensation for any service. So far
as the first count is concerned there Is not one
word against Mr. Brown, except that he CON
spired " with the rest, And now | ask the court
(and this bears upon the question of probable
cause) what use had these gentlemen-admilting
that they all cOnspired-
WHAT USE HAD THEY FOR MY CLIENT?
What use? The Second Assistant Postmaster
General according 10 this paper, had the power to
make contracts, had the power 10 expedite or In
crease service, had the power TO declare that per-
sons were falling contractors, and 10 give their
contracts TO Others. Turner aud French were OIL
GERS Of the Department, and had the power to do
lne Things luHt were utceSSaTy 10 make these
schemes successful; but what was tho use of my
cent2 How did he enter into this conspiracy?
What act did he dor What cog was he In this
wheel of fraud?
What part did he play2 There is not word
about It in the hrst count, Perhaps we
may lind out In the second count. On the iifteenih
page in the second count 1t Is charged that Brown
and others cOrruptly conspired 10 defrand the
United States out OF sS5OoO0 That is near the be-
ginning Of the count, and he is not heard of any
more until on the twenty iilIh page, II Is charged
that IN pursuance OF lhe conspiracy Brown, on the
LIST day Of October 1873, about year after the con-