The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-06-10
STAR ROUTES.
Mere Talk About Marshal
Henry and the Jury.

1
Henry and the Jury.
Washington, The Post says Of the
star route jury. Il is asserted that no
sooner were talismen ordered than q
goedly number were found on hand and
convenient for Marshal Henry's sum
mons, and that defendant Dorsey, the
| ex-senator, WAS seen to havs the ear OF
Marshal Henry in . secluded Alcove.
There Is no doubt Marshal Henry was
! subsequently brought before Attorney
General Brewster, and subjected to
raklnz examination. but as no overt act
! could be designated, it was concluded
ste WIsest policy was TO make 10 fuss
ABOUT 1t. FOR time, however, 1t Was
! seriously contemplated to demand of the
marshal his resignation, but this deter
mInatIon, after 8 long conference with the
marshal, was abandoned, IL is not
/ charged that the jury has been corrupted,
| or IS susceptible Of being tempered with.
Washington, 9.-Ir the criminal court,
this msrnIBg, government called ex-
| Attorney General McVeAgh as the first
! witness Ia the star route cases. McVeagh
! testified that he had q conversation with
| Rsrede!l Ia June, 81. Merrick asked
; witness to give the details Of the entire
conversation to the best OF his Feeoilec-
! ton. Objected to on the ground that
| witness must give the date Of the inter
view to make it competent evidence,
and for other reasons. TOtten denied
| that the evidence was competent for any
purpose in this trial, the date of the con-
sDirscy was placed in '79, and this con-
fession was made long afterwards, In
June 81. Ingersoll argued that no one
would contend that Reredall's confession
was Intended to further the obi eel Of the
conspiracy. It Was necessary to prove
! the existence Of the conspiracy before
trying to introduce such evidence as this.
Merriek was about to reply when the
court interrupted him to inquire whether
he wsa prepared To assert that the CEN
fession was intended to help along the
conspiracy. Because if it was not re-
CARELESS of other facts it would certainly
not be good evidence against RersQell-
| Merrick replied that he thought that the
| question could be answered By hearing
the testimony.
Judge Wylie-But you must first
| prove that there was conspiracy.
Merrick asserted that the confession
| was the best proof Of the existence Of
| conspiracy.
Judge Wylie- Oh, no; think you are
wrong, and the contrary position is true.
| merrlck-But the body of dead man
may never be found.
! Judge Wylie-YOu must prove that he
had BEEN missing for loBg time before
discovering him dead.
The court, Ia answer to an inquiry by
Merrick, replied that even IL he should
| be prepared to show that every one OF the
defendants had made separate scknoRl-
edgment Of having engaged In q con-
| splrAc7 1t would not be admissible evil
dence. A conspiracy must be made out
| Dy circumstances. II this confession
should prove that Reredell met certain
of the defendants on certain occasions,
perhaps it would be admissible. The
prosecution should conhne their ques-
items to facts, which would prove the
! conspiracy. This WAS very important
point In the csse.
Ingersoll-Yes, il your honor Dlesses,
it Is the whole Of it.
Iugersell closed the argument on this
| point which he regarded as of the highest
importance, by saying be regarded the
/ failure OF government to produce any au-
thorities ss PTIDtG tGeie evidence that the
Law WAS altogether On his side.
Judge Wylie ruled out the evidence
until he was satisfied thu conspiracy ex-
listed. Merrick said this decision would
cSAPel him to postpone certain evidence.
It is reported that there has been a
change in the United States marshal Of
| the District Of Columbia in consequence
Of the manner Ia Which talesmen from
WhOm.the jury in the star route case Was
selected, were summoned By the mar
shal's officer.
! Merriek explained that he had himself
/ believed this evidence was not presented
at the best time, and be had only con-
seDted to its introduction to obliRe Nc
Vesgh and another witness who we're
desirous Of leaving the city.
| After recess, George J. Brewer, clerk
in the contract division Of the postoffice,
testified that Brady lid not open
the papers Immediately upon their
presentation. Some times days elapsed.
| Thele were several hundred Of
them which had not been
acted upon when Brady left the service.
Il was 3 common practice, which pre-
| walls st present, to increase service after
contract was awarded and before il sx-
| ecution was begun.
John B. Sleemans chief Of the pay
! division Of the sixth auditors Office Of the
treasury department, described the gys-
! tenn Of payments. The only way IN
which contractors could receive money
from the treasury for service per
formed was upon warrant signed
by the postmaster general. He could
not get it upon . warrant signed by the
second assistant postmaster general. AL
though the witness had seen Miner and
Reerdel in his Office at the same time,
he never knew Of their acting together
upon any one contract.
Adjourned. Attorney general Brew.
ster was in court this afternoon.