Savannah morning news. [volume] (Savannah) 1868-1887, 1882-09-09
THE STAR ROUTE TRIALS.
JUDGE WYLIE'S CHARGE TO THE
JURY.
Their Duties Plainly Marked Out
A Verdict Reached as so One De-
sendaRI-Tbe Attempts at Bribery.


nal Court this morning another large su-
dience assembled to wituess the proceedings
IA the star route cases. The large attend
ance OF prominent members of the bar at
tests the interest taken in this, the last stage
of the trial. All OF the defendants were
present with the exception Of Stephen w.
Dorsey.
Judge Wylie began his charge to the jury
with an explanation of the difficulties at
tending the summing up OF 6 case OF such
magnitude IS this. He said he would not
undertake to deliver professional lecture
upon the law, but It would be his endeavor
to travel over the case from one point to
! another so far as it was necessary to do so,
taking care not to trespsss upon the
province Of the jury. The law made the
| jury the ultimate final power, above the
court itself. At the same time the traditions
and practice of the law authorized the court
to talk to the jury with regard to the facts
! The opinion of the court was not, however,
to be taken as obligatory upon the jury as to
| questions of fact, nor should he insist upon
their accepting his construction of the law.
He wished them TO be guarded by their con-
| science. He wished it understood that he
was wholly uncommitted as to the guilt or
| innocence of the defendants. Some of the
| reporters for the newspapers had evidently
misunderstood his ulterances during
the trial, for the jury must be
aware that he had carefully abstained
from expressing any opinion upon
| that subject. When Walsh's testimony had
been offered the court had said thai in his
| judgment there was enough evidence OF
| conspiracy to be submitted to the jury, and
| it was upon that ground that his testimony
had been admitted. That was as far as the
court had gone.
The Judge gave a brief history of
this prosecution. and then addressed
himself to the law. Referring to
the prayers, Judge Wylie said
| that the cOnspiratOrs were Jointly united for
some purposes and several for others.
Each man stood on his own defense. The
Jury could not convict one man OF cOnspi-
rscy, but they could convict two OF the de-
PENDANTS. II there had been only one overt
act committed, and the jury acquitted the
party committing It, then defendants must
all be acquitted. For instance, II the
Jury acquitted Brady, who had
been called he key-the master keY-Jo the
whole conspiracy, and no overt acts were
defendant, then they must all be acquitted
The position taken by the defense, that all
Of the defendants must be shown to have
been interested in all OF the contracts, was
false II It had been shown that they
we're criminally interested in one, that was
sufficient, and conspiracy was established.
Surplusage in an Indictment would not
vitiste It, This Indictment charged but one
offense-one conspiracy. 1t could not com
prise two conspiracies. Part of the de-
PENDANTS might be wholly acquitted and part
convicted, but IL the jury found two con-
spirscies, and three of the parties guilty of
one and the remaining four guilty of an
other, the indictment failed. SO much for
the frame OF the Indictment.
Now as to the proof. Conspiracy is seldom
reduced to writing. 1t is generally entered
into 10 very informal way. The parties
might reside in different parts of the country.
But, IL by any means, even by dumb show,
they entered into an agreement to defraud
the government, followed by an overt
act, that was conspiracy. The law required
a verdict OF guilty only when the Jury en-
tertsined no reasonable doubt OF the guilt
OF the defendants. Doubt to be reasonable
must be based upon evidence-not upon
mere conjecture. The axiom was that It is
better for ninety-nine guilty men to escape
than for ore innocent man to suf-
fer 1t would be a very happy con-
man could be protected and ninety-Dine
men punched. An old Latin proverb said
that it was the fault of the Judge il
the wicked escaped, and that was true. He
would now take up one Of the routes aud
see IL It could be connected with any rs-
tional theory of innocence. If It could, the
defendants were entitled to the benefit OF
that theory. He would select the small
route from Vermillion to Sioux Falls, Dakota.
The date of the contract was March Is, 1878,
and was TO run four years. John W. Dor
sey was the contractor. The trips were to
be once a week. The distance fifty miles,
to which two miles had been added. The
time was fourteen hours. There were nine
post offices but no towns on the route.
Soon after the service was put on it was
discovered that the actual distance was
about seventy miles, and that infor-
nation had been distinctly aud repeat
edly furnished to the Second Assistant
Postmaster General On December 23d,
1878, the number OF trips was doubled On
May Sd, 1879, the route was practically as
signed by the sub-cOntractOr to Vale. On
July 10Th, 1879, the number of trips was in
creased to six, and the time reduced to ten
hours, increasing the compensation to
50, 1873 So Deducting an hour for delays at
the post office, the carrier was required
to travel seventy miles in nine hours. Petit
tions and letters had been sent in, and 1t did
was fraudulent. II the jury could recon
cile it with any theory Of innocence, they
must do It. A Congressman OF influence
(Mr Bennettl had asked for 1t, and that
must be considered. Soon after every post
master on the route united in protest, say
ing that the time was impracticable, and
asking to have the old fourteen hour
schedule restored, and Mr.. Bennett indorsed
this protest and sent 1t to Brady. Just at
this point the member of Congress seems to
have lost his influence, for he was informed
that It could not be done.
After reading the law relative to produc-
tiveDess, Judge Wylie inquired "What pro-
ductiveness had there been in this instances"
Reading from the record, he said for one
year it had cost $26, 161. He hsd called at
tention to this route because 1t had heen as
serted that members Of Congress were re-
sponsible for expedition. Yet, in this case,
when It had been expedited at the request
of a member of Congress, its reduction had
been refused.
Mr.. Henkle interrupted at this point to
remind the court that French had made
the order in question, but that Judge
Wylie said positively that French had made
the order by Brady's direction. He contin-
ued: "Was an increase made when it was
shown that the revenue was actually
decreasing II the jury could reconcile
that with proper exercise of discretion, let
Iu6m 10 IL GUulu uOb nave Do6n uOuC
through ignorance. ManifestlY it was
purposely done. The thing to be decided
was whether it had been done through
mistake, the exercise of discretion, or on
purpose, or through q wrong motive"
Concerning the false papers, said
he: "It had been argued that II
they resulted In good to the public,
then no criminal act had been
done, and in making orders upon them this
was no conspiracy. In the view Of the law
proof of conspiracy might be made out
from the proof of the consequences follow
ing. Conspiracy" said Judge Wylie,
taking up another branch of the subject,
and he read from an English authority in
support of this proposition, reciting
the circumstances of the operations
OF what are known as the three
card monte men in this city,
He said the only way in which their con-
spiracy could be made out was by the cir
cumsIances following the actual swindling
operation. There was another topic he
wished to refer TO. Among the prayers was
one to the effect that If It appeared that gen
uine papers appeared among the fraudulent
papers fled IN connection with the route,
then the order for expedition or increase
must be attributed to the influence of the
genuine papers. Such doctrine could not
be tolerated. Bad could not be saved by
good, and vice versa. Parties committing
frauds often found It to their advantage to
use q sole truth in their operations.
Yesterdays occurrence required a passing