The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1882-09-21
TIE STAR-ROUTE TRIAL.



Department The records of the Treasury and
Post-ofice Departments showed that for the
three previous years there was an unexpend-
ed balance Of nearly $4000,000 to the credit of
the Post-Of1ice Department. There was in ev-
idence a statement showing that the Post
master-G eneral, on Decembers 8, 1873. had asked
for the appropriation of S20O0,000 to meet the
deficiencies in the appropriation for the
Star-route service. This was a statement
calculated to arrest the attention of
Congress, for it showed that in five months
after the beginning of the fiscal year there was
deficiency of 100000. This was a fact to
alarm The country. An investigation followed,
and additional appropriation made,
with provisions limiting the expedition and in
crease of service upon routes. That was as
far as the act of Congress ought to have gone.
The other circumstances were fit subjects for
judicial investigation. This investigation fol-
lowed and AN indictment was found against
these alleged consprators. This indictment
might be said to have five features: First,
historical; second, describing the conspiracy;
third, the means; fourth, overt acts; and, fifth,
the partition of the money. The historical part
was well known. AS to the means used to
carry on the conspiracy, the jury need not
trouble themselves about that. Whether OF
not they were sufficiently described in the in
dictment was not for them to consider. The
division of money depended upon the ques-
ton of the existence of conspiracy, and that
really the only consideration for the jury
whether there was a conspiracy, followed by
the commission of overt acts. False papers
and petitions were the means used. 1t never
had been held that the Government was re-
quired to accurately describe the means.
Whether the parties were mutually interested
in the several contracts was of no conse-
quence. Their interest in the conspiracy must
be considered. The parties were, according
to the Indictment, individual owners of con-
tracts, and mutually interested only in the
the contracts was an overt act under all of
them.
Referring to the defendants prayers, Judge
Wylie said that the conspirators were Jointly
united for the same purpose, and several for
others. Each man stood on his own defense.
The jury could not convict one man of con-
| spiracy, but they could convict two of the de-
| PENDANTS. If there mad been only one overt
act committed, and the jury acquitted the
| party committing il, then the defendants must
| ali be acouitted Brady had been called the
| key, the master-l1ey, to the whole conspiracy,
| ana If no overt acts were shown to be commit
| ted by any other defendant, then they must all
| be acquitted. The position taken by the de-
| tense that all the defendants must be shown to
| have been interested in all the contracts was
/ false. If it had been shown that they were
| criminaly interested in only one, that was suf-
! ticient4 and the conspiracy was established.
| Surpltlsage in the indictmeLtWOIild not vitiate
/ it, This indictment charged but one offense,
one conspiracy. 1t could not comprise two
wholly acquitted and part convicted, but if the
| Jury found two consPiracies-three of the
/
/ guilty of anOther-then the indictment failed
/ So much for the frame Of the indictment
| reduced to writing; it is generally entered
1 into in g very informal way: The parties
/ might reside in different parts of the country,
but if by any MEANS even by dumb show. they
! entered into an agreement to uefraud thS GOV
Conspiracy. The law required a verdict Of
! guilty only when the jury entertained no rea-
sonable doubt of the guilt of the defendants.
The doubt, to be reasonable, must be based
| upon evidence, not upon mere con- lecture. He
! would now take up one of the routes and see
| If 1T could be connected with any ratlonal
| theory of innocence. If it could. the defend
ants we're entitled to the benefit of that theory.
Vermillion to Sioux Falls. d. T. The date of
the contract was March l5, 1873, to run four
| years; John w. Dorsey, the contractor; the
! trips were 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 dis
| covered that the actual distance was about
| seventy miles, and that information had been
distinctly and repeatedly furnished to the Sec
| ond Assistant Postmast er-G eneral. On De-
| cember q 1873, the number of trips were
| doubled On May 3 lS79 the route prac-
ticaly assigned by subcontract to Vale. On
| July TO- 1879, the number of trips was in
| creased to six, and the time reduced to ten
| hours increasing the compensation to S6,153.
| Deducting an hour for delays at post-ofices,
/ the carrier was required to travel the seventy
miles in nine hours. Petitions and lett rs had
been sent in, and it did not absolutely follow
that this expedition was fraudulent. If the
| Jury could reconcile it with any theory of in
| nocence they must do it. A Congressman of
| infiueuce, Mr. Bennett had asked for it,
and that must be considered. Soon after
| every postmaster on the route united in
| protest to the department saying the
fine was imDracticable. and asked to have the
old fUurteen-hOur schedule restored, aud Ben
nett indorsed this protest, and it was sent to
| Brady. just at this point this member of
Congress seemed to have lost his influence
for he informed it could not be done.
| After reading the law relative TO productive
| ness Judge Wylie inquired what the pro-
ductivness had been in this instance. Read
| ing from the record, be said that for one year
- IL = TI11 NAevu kaosv to.
this route because it had been asserted that
| members of Congress were responsible for ex-
| expedited at the request of a member of Con-
gress, its reduction had been refused to that
General Henkle interrupted at this point to
remind the court that French had made the
| order in question, but Judge Wylie said posi-
| lively that French had made the order by
| Brady's direction.
| when it was shown the revenues were actual
| iy decreasing. If the jury could reconcile
| that with proper exercise of discretion, let
them do it. 1t could not have been done
| through Ignorance Manffestly, it was pur-
pTbetSSer it was done thFouGh mstaKen exer
else of discretion 10, or PuTposely & and through
Concerning the false papers, said he, it had
| been argued that if they resulted in good to
| the public, then no criminal act had been done
in making orders upon them This was
no correct view of the law. He had be-
fore referred to the case OF Lord Ba-
con, and wished now TO read to the jury his
letter to another Lord while he was in pris-
| on. Judge Wyiie then read the letter, and
commented upon It's falIacies. The proof Of
conspiracy might be made out from proof
| of consequences following the cOnspra-
cy, said Judge Wylic, taking up another
branch of the subject, and he read from an
| English authority in support Of his PROPOSE
ton. reciting the circumstances of the opera
tions of what are known as the three-card
rDonte men in this city He said that the only
way in which their conspiracy could be made
out was by circumstances following the actual
There was one further topic he wished to re-
fer to. Among the prayers was one 70 the
effect that If it appeared that genuine papers
appeared among the fraudulent papers filed in
connection with a route, then an order for ex-
influence of the genuine papers. Such a doc
trine could not be tolerated. The bad could
moi he saved by good and rice persd. Parties
Committing frauds often found it TO their ad-
vantage to use some truth in their operations.
| lies were of 80 impfsh a nature that theywarred
among themselves as well as being inconsistent
booJ for he had seen fraud of a most abOul-
Inal5le character with aline of truth marshaled
at les front. The more truth that could be
worked in the better the chance Of success. II
you find a man employing both truth and
falsshoOd in the commission Of fraud bis Of
fen5e is even more heinous- Ihls was about
all that ne should say at this time.
He wished finally TO remind the jury Of the
difference between their position and MS own
If they believed the charges against the de-
goI,1t fFe1, fbev sboIlId aS.nIif them without
regard to any clamor any opinion OF the
world. He should refuse 70 believe that any
juror was so base coward as 20 refnse 70 f0l-
low his conscience. On the other hanc, their
duty to their country required them to bring
| ia a verdict of guilty IL they so believed
| Yesterdays occurrences required passing
! remark If this information was true, then
/ there were men engaged in - fixing the jury
| IL was natural that the jurors so approached
/ should feel indignant, but they must not let
| that interfere with their calm. dispassionate
| Judgment Let them be 50 true to themselves
as 70 refuse 10 allow themselves to be infiu-
/ enced by these considerations.
Colonel IugersOli rose and asked the court If
ft WIS within his power to direct the jurors 70
freely and fully communicate TO one another
ali of the information they possessed touching
| these attempts at bribery.
Judge Wylie answered that he did not wish
80 LFa