Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-23
THE STAR ROUTE TRIAL.
VIZ. McSweeny Continues His Argur
ment To-day.

When the Criminal Court reassembled this
morning, Mr.. McSweeny, counsel for ex-senator
Dorsey, continued his address to the jury In the
star route trial He remarked that there appeared
to be very little accusation brought against Dor
sey in Mr.. Bliss five days and half of opening
speech. He referred to the letter of ex-senator
Dorsey to Anthony Joseph, and said to produce
such trash as evidence OF conspiracy was a waste
Of time. What else was there against ex-senator
Dorsey? He made no affldavits The Wilcox
matter had been explained. The court had said
Dorsey had right to do just what he had DONE
Mr. McSweeny ridiculed the Idea of n Senator
coming down from his high place, risking his rep-
utati0n his fame, and his all, and entering into
an infamous conspiracy to rob his country's treas
ury by some dirty, scraggy, efT-cast mail route
from Bismarck to Tongue River He declared
that there was no proof to trace any money to
government had not produced the checks or bank
accounts which showed payments. Ex-senator
Dorsey had never received one cent from these
routes. He was S12,s0O out when his connection
with the mall service ended, yet it was repre-
sented to the country that he was riding about in
chariot rolling on golden hinges: He was not
he would not need to apologize for it. AS the
government did not go to Mldleton's bank, he
Middleton'S and got black eye or did not 90
ana attempted to exc out their case with insinua-
ton The case was the very antipode OF conspl-
racy.
THE CONSPIRACY LACKED SPISSITUDE-
the counter proposition of that--the Affirmative;
as the boys say, "it was TOO thin" A conspiracy
without "dtyide"-just think OF 1t! An open
conspiracy In the newspapers. II they wanted all
on just put it in the Obscurest newspaper In the
land. Mr.. McSTeeny created considera ble amuse-
menG % 4untiy putting In allusIons to Cicero's
having read "C:cero" in school-and school in Ire
land Ii nd dia net mean college Walsh he said, had
re[errei 10 the time when he was in college, and
then spoke on the stand of "Alibbys' That. per
haps. was the pronunciation taught in Walsh's
college. Mr. McSweeny quoted Cicero's declara-
tiOn tnat he mad penetrated the secret chambers
OF Cateline's conspiracy AM knew their designs:
That ne knew the secrat places where the conspra-
tofS met, ana that friends OF the republic had over
heard and reported their midnight cabals How
different was such conspiratOr!
=, One or the Cieeros here, Mr.. Bliss" said MI.
McS"eeny, "Said 'We shall show that Dorsey wrote
TO Dear Frank to report to all the newspapers
VIII what & he was going to do Suppose that Cicero
haa ha said to Cataline 4 have seen letter which
you wrote to have all your proceedings published
In the VEsPERA STELLA-1'HE EvENING STAR Of
Rome, the Censor, the Critic, and the o Tenepora!
o Mores! which might pass for the New York
TtmeS'"
Yet ex-senator Dorsey was charged with beinga
consplralor because he had things published in
newspapers. He referred to Boone's testimony to
show that ex-senator Dorsey was not interested in
the contracts at first, except to help his brother
ana Dfotner-1n-laW out OF bad bargain, and that
there was no understanding between Brady ana
Dorsey. Mr. McSweeny, referring to Vaite,s in
terceSsion for Miner ridicued the idea that there
rule requiring subcontracts to be filed in the de-
partment as reform, which would be mOnu-
ment to Brady, when all his accusers shall he
felegated to ObScurity
Mr.. MswEENY QUOTES HAMLET
Mr. McSweeny remarked that Hamlet SAID some
thlng about mirth in funerals, and it was perhaps
unseemly in him ir McS), as the corpus passes by,
10 indulge In mrth in these obsequies but he could
not help it, There was spirit OF mtschlef in him
that would not down. He sail it bothered him to
Know where to begin. They were fighting unsub-
stantiai shadows "Will some gentleman tell me'
stepped upon our coat tails even to make the sem
blance OF an Irish row ?' There was no evidence
%nen ex-senator Dorsey eoaspired where he
urging technicality The whole pathway Of
The cltlzans freedom is lined with that sort of
Ihey could use the word in whatever cdious sense
they pleased; there was right hidden in techni-
Guy; the court S'ta sbolAe would urge it If de-
1endant's counsel stupidity let it pass He said
there was nothing in this case to sustain a civil
sult 10 recover money from any OF these DEFEND
ahts put by bubble and by circumstances they
expected to maintain criminal suit Whenever
tie prosecution ran short OF proof they slil with
tEe @ proiounlnesS of the owl, circumstances"
Mr. MGS"ecny, speaking or the revlings heaped
upon Brady, said that 1t was laid Gown in Whar-
ton that no prisoner should be terrorized or driven
a1ductlns lady, Mr. McSweeny said s'a crime
which your honor knows from Irish history
quite common in that day. l assume that your
honor, being fond OF fun. has read Irish history;
though there is enough OF tears and woe beneath
In smile am JOKE OF Irean1." He then quoted
Sutiahs 5 addrf.SS 10 the jury as TO the duty of a
prosecuting officer and asked If that was the
spirit here? He referred to Mr. Ker's alusIOn to
Miner as "
LoOEING LIKE A PICKPoCKET.
MI Ker said Mr.. McSweeny misuuoted him.
having read what he quoted from the Critic Mr..
her repeated what he had said about Miner, and
Mr. McSWeeny said that it WIS then worse and
Mursa. ealing hard names broke no bones, but
they lhCerleffed with the rights OF the defendants
THE POINTS HE MADE FOR EX-SENATOR DORSEY
were the points In the testimony. Persons say
what are these lawyers talking about, if there was
nothing against their clients? There was this:
Ihese men were held up in the press as objects for
scorh ana vltuperation. Could they have nothing
Cause the counsel repelled these scandalouS
charges They have slandered us, but truth
eternity OF SOD, error diedWith the daily newspaper
suiiigit sun would come again with this 1urys ver-
olcI ana llght up darkenad homes. The defense
of ex-senator Dorsey Mr. McSweeeny said he now
had time to ''slast around loose little to guer-
ma little. He wanted to call the attention of
ne reierred to citations made during the trial re-
Spect!ng the nature OF circumstantill evidence
ne he afued that there could be no conspiracy with
CUT partnership. Unless they proved that these
men would be responsible in civil suit as part
neIs. n ne asked what act had been done or decla-
ration made by any one OF these defendants that
would bind him by the acts OF another
AT l2:3O the court took recess
AFTER RECESS
MI. McSweany resumed his remarks regarding
partnership. He argued that If there were in
terror conspiraces within this body of men proved
that would not establish the charge He referred
10 the statement OF the court in the early stage OF
the TRIAL, that no conspiracy was made out, and
asked II since then there had been any testimony
10 cnan?e That view as 70 ex-senator Dorsey or
any OF the defendants
IN THE PHILOSOPHY OF CIRCUMs TANTIAL EVIDENCE
the chain was measured and Its tension tested by
the tenacity OF its weakest link The books illus
trated the danger OF aiding with fancy the weak
II nk Ii the jury failed to find beyond all reason
aDie doubt that there has been a conspiracy
according TO the Indictment, then their inquiry
shoud come to an end. 1t is useless and unphilo-
sophlcal, IN the language of Burrough, to COM
iilence inquiry ABOUT who com mitted crime, until
tney nnd that there has been crime committed.
RERDELL's CONFESSION.
MI. McSweeny discussed at some length the ap-
plcablity OF Rerdells confession to any OF the de-
PENDANTS except himself, attacking statement by
Mr. Bliss, that If the confession was made while
Tue conspiracy was In existence it was binding
upon all
JUDGE wYLIE SAID
tnere was no use Of discussing that proposition,
saying that he had laid it down, though not yet
asked to so instruct the jury. that a confession