Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-08

Judge Wylfe's Remarks on the Jury
McSwecny's Address CiOscd-The
Testimony Begun.


The appearance OF the Criminal Court room was
| somewhat changed this morning by the rear
rangement OF the lawyers table and the erection
OF little wooden fence barrier at the end OF the
space occupied by the jury, so as TO resist the en-
| croachments OF spectators upon the territory OF
counsel and jury. There was a short delay, owing
| TO the tardiness OF juryman Mccarthy.
| Judge Wylie's Remarks ON NeUSpaper
Articles Concerning the Jury.
When Mr.. McSweeny was about TO resume his
address Judge wyIie said: my attention has been
called in the last day or two to certain articles
which have appeared in papers of this District and
OF New York city in regard to certain jurors in this
case, especially talesmeD. These articles.
the marshal as we S as sFeao astEs tbe nror 70
Ten OF the jurors were selected from the regular
| summoned, and two only were cal led The first of
these two was Mr.. Hugh T. Murray. He was IN
terrogated as to his qualifications as juror and,
alter he had answered the interrogatorieS put to
him by counsel on both sides, the district attorney
arose in his seat and declared It did not dsquafy
| him, as both parties accepted him. Now, when
the United States, through its own counsel state
In the presence OF the that Juror is accepta-
oy writ.rs for the newspapers, who deal ia vague
reports, and who draw nierences which have no
foundation In fact whatever. / don't know this
gentleman personally, but he was regularly sum-
mOned, passed the examination as TO his uualifi-
cations, and the district attorney or the tinted
states declared that he was acceptable to that
| Side, and he was accepted on the other side |
haven't myself any doubt that this juror will per-
| form his duties as he IS sworn TO perform them,
according to the best OF his judgment, and accord
Ing 10 his conscience. 1t is a cruel injustice on
the part OF the writer's OF the papers to asSail a
Juror who has been regularly selected without
knowing any facts on which to base their charges
nave seen so much injustice done to Jurors and to
ano 70 % courts who are engaged In the
this case to declare that these charges, in MY
| opinion, are without foundation. These flying
ru.nors are calculated to do great
| harm. There is a law which subjects parties to
prosecution for libel in consequence OF articles
published, the effect OF which is to obstruct the
administration OF Justice and do think it will be
the duty OF the district attorney to call the atten
ion of the grand jury to some OF these newspapers
ana see IL we can't have justice administered
fairly, according to law, without having Jurors
disparaged and misrepresented upon mere conjec-
case will see the propriety OF guarding their own
conduct while this cause is pending, so as not to
subject themselves to good grounds or suspicion or
even to the appearance OF improper conduct. /
viii only lose faith in the jury when driven
to by something more than newspaper
pe is sensmen ens Of Gf mecn ns jury Se:ssy ySyr
Don't allow any person to approach you, or to
suggest their own views or make any intimatlon
whatever, whether they are connected with the
trial OF this cause or appear to be unconnected
with it. You don't know what motives may influ-
own counsel; follow your own Judgment and con-
world outside"
Mr.. McSweeny's Address.
Mr.. McSweeny then resumed his address to the
jury in behalf of ex-senator Dorsey He explained
at length, the business OF Messrs. Dorsey, Vale
and others.
After reviewing the relations OF the various
parties he said that on August l6, 1878. Mr.. vale
entered into a contract with Jno. w. Dorsey
Miner, and others. by which the contracts were
yitalized by his credit, and in which plan OF
division was agreed upon. Up to that time eX-
Senator Dorsey, who had adv9 need money to j. W.
Dorsey. and Miner, had not met Mr.. vaile, with
whom he was said to be conspiring Mr. Vaile, I'm
his agreement. having demanded that
under the joint contract should be sub-contracted
TO him. when ex-senator Dorsey returned TO the
city he found his interest had been clouded Mr..
vale Sub-contract, and there was some friction
between him and Mr.. Vale.
DISASTERS THEN FELL THICK
about ex-senator Dorsey. He had advised his
friends not to go into the contracts and now he
saw his fears were realized, especially as Mr. Peck
was dying. He had $4,000 invested in these con-
tracts He saw that all would be gone unless he
took personal interest in these matters Then
he said to his friends that they should divide the
routes. Going back was worse than to 60 on, and
all ex-senator Dorsey could do was to do the best
these Scraggy contracts. He had other vast in
terests that demanded his attention. Down to
fairs and there was NO copspiracY @ ne ei pie- a
tured Vaile and Dorsey as parting In resentment
over the troubles growing out OF their inter-
ests in the contracts, and Dorsey now saying to
Vale: "Come to my arms, Vafle. am rascal"
These We're the little circumstances, he said.
whicn i Mr. BLISS would say came stealing over US
Mr.. McSweeny said they would produce Mr..
BBosler, Bo, OF Carlisle Pa. who was invited by Mr.
ness, and .the books showing every item. The
prosecution said that ex-senator Do,sey's books
business interests not involved in this case and it
would have been breach or confidence to have
exhibited the books. He would say that now they
would produce the books and let them go to the
jury as evidence.
From April 9Th. 1879, Mr. Mcsweeny declared
That, after the final arrangements between the |
contractors, there had been no business tranSac-
ton between Miner, Peck, Vaile, Brady, and S. |
w. Dorsey.
Mr.. McSweeny declared that the books presented
would show that S. w. Dorsey, who was repre-
sented as rolling in ill-gotten gains, actually
Mr. McSweeny discussed at length the charges |
concerning conc @ false petitions Mr. Mcsweeny said
That 5nab they would Ike to see this Wilcox who had
taking care not to have them ali in the same hand
writing: Wilcox, it appeared. had gone beyond
his instruction from Mr.: Dorsey.
.'He will be here" said Mr.. Merrick.
s'That is WELL" said Mr.. McSweeny; "we Will be |
posed to be from WiIcox1 % suppose Sc Should use
Brother Bliss style OF refreshing memory and say
lrelding from the letter. Il may have done this
work preparing pettions) too WELL"
MR. MswEENY's PERoRATIoN.
Mr.. McSweeny made very eloquent peroration |
He adJured the jurors to be true to themselves to
stand together and do right
'Let me inquire are there any more openings?n |
1NO, sir ;" responded the defence In chorus.
hour.
Ready for the Testimony
The court did not reassemble till after O'Clock,
when MI. Bliss who was absent during the morn |
ing session. appeared in his place with the coun-
sci for the prosecution.
RECORDS IN EVIDENCE.
Mr.. Ker offered In evidence the State depart.
ment record OF the appointment OF ID. NJ. Key as |
Postmaster General on the 18th OF March, 1877. He
next presented the record OF the appointment of /
Horace Maynard as Postmaster General on June |
ID, 1880, then the appointment OF Thos. L. James
to the same Office on the 5th OF March, 1881, then
the re-appointment OF Thos. L James on the 2sth |
OF october, 1881, then the appointment OF Thos ].
Brady as Second Assistant Postmaster General BY /
President Grant on the oath of July, 1876
THE FIRST WITNESS.
Thomas B. Kirby, clerk in the Office OF the rail-
way mail service, was then called sworn, and ex-
am1ned by Mr.. Ker In 1879 Mr.. Kirby said he was /
private secretary OF Postmaster General Key; he |
prepared rules ana regulations for the |
government of the Post Office department
Nj. Kirby testified that the regulations which he /
prepared have been In force since July LIST, 1874
except so far amended by orders OF the Post
master General or acts OF Congress-