Savannah morning news. [volume] (Savannah) 1868-1887, 1882-08-17
BRADI'S DEFENSE.
Counsellor ChandIer's Plea for the
AFch-J ObbeF.

WASHINGTON, August 16.-Judge Carpen-
ter concluded his argument in the star route
cases at an early hour TOT day, and was fol-
lowed by JEFF. Chandler, ESQ, for the de-
fense and particularly for defendant Brady.
Mr. Chandler said the jury might, ,perhaps,re-
member that there was an indictment in this
case, although they had heard much about
it. The theory of that Indictment was that
every person mentioned therein was guilty
of conspiracy to defraud the United States.
Fraud meant getting something out of the
government without returning an eouiva-
lent ia value. His first point was that a
good trade was not fraud. A man had right
to make the best bargainhe could at any time
Ii these contractors had made $400, 600
or 81 900, 900, they could not be called to
account for It. Mr.. Chandler then re-
viewed the allegations Of the Indictment,
and said the conspiracy charged therin must
be proved by separate criminal acts The
prosecution could not put a number OF
separately innocent acts together, and out
OF them collectively, make crime. They
had not, however, proved a single act for
which man could be punished
In the second place, a conspiracy having
been proved, it must be shown that the de-
PENDANTS made false representations; that
the money paid on the expedited routes was
paid by reason OF these false representa-
tions, and In the third place, it
must be proved that the means
made use of actually defrauded
the government. These things, he asserted,
had not been proved. Nothing had been
shown against anv one OF the defendants
which would warrant his conviction, If on
trial alone. Strong suspicion or probability
was not sufficient. The Jury must feel q
clear and positive conviction Of the defend
ants guilt.
Mr.. Chandler was here about to quote
some authority on point OF law, when Mr..
Merrick objected on the ground that the
jury could not pass on point OF law.
MIR. Chandler replied that he should ask
the court to instruct the jury that they were
judges Of both law and fact.
Judge Wylie said that II that were SO he
might as well retire
Mr.. Chandler insisted that he should ask
TO be heard hereafter on the question. Con-
bpRipgs Mr. Chandler said conspiracy must
De proved against every one Of the defend
anteI nr every one of them must be acquitt-
ed. They were so united by the Indictment
That they could not be separated in the YER
dict. The jury could not fnd two or three
guilty and acquit the remainder.
a. long collOquy followed between the
court and counsel on this point, the court
expfessing the opinion that any two Of the
defepdants might be convicted and the re-
malnder acquitted.
Mr.. Chandler main tanned that all must be
found guilty or none, aud that the alleged
fraudulent expedition OF routes must be
shown to have resulted from the unbroken
and united influence Of all the defendants
together, exclusive of other causes.
Mr. Chandler further maintained that the
government had received an equivalent for
money spent in expedition and therefore
had not been defrauded.
Upon this point another colIoquy took
place between the court and couasel, the
former expressing the opinion that, IL con-
spiracV were proved, the fact that the pub
lie received benefit from the expedition and
increase OF service was no defense.
At this point argument was suspended
and the court adjourned.